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HomeMy WebLinkAboutAgenda Packet City Council - 04/21/2009MEM NNW ■ Illeassialso■ 11:45 A.M. - Proclamation declaring April 24, 2009 as "Arbor Day" Proclamation declaring the week of April 19 -25, 2009 as "National Medical Laboratory Professionals Week" Proclamation declaring the week of April 19 -25, 2009 as "National Volunteer Week" Proclamation declaring April 23 -25, 2009 as "Fill the Boot for Muscular Dystrophy Association Days" Proclamation declaring the week of April 26 -May 2, 2009 as "National Crime Victims' Rights Week" Proclamation declaring the week of May 16 -22, 2009 as "National Safe Boating Week" Presentation by Mayor Henry Garrett to Captain Randolph Pierson, USN, Commanding Officer Naval Air Station - Corpus Christi as "Military Ambassador of the City of Corpus Christi" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 21, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 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 Dr. Sam Gutierrez, Elder, Cornerstone Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummell City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez E. MINUTES: (NONE) Agenda Regular Council Meeting April 21, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) L CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 1. Ordinance appropriating $5,000 in the General Fund No. 1020 from a donation from the Pollution Prevention Partnership to assist in the purchase and installation of bike racks on City property in the Downtown and Bayfront area; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $5,000 each. (Requires 2/3 Vote) (Attachment # 1) Agenda Regular Council Meeting April 21, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2. a. Resolution authorizing City Manager or designee to execute an Interlocal Cooperation Agreement with Nueces County, Texas regarding park playground equipment for Corpus Christi Beach. (Requires 2/3 Vote) (Attachment # 2) b. Ordinance appropriating $2,500 in the General Fund No. 1020 from a donation from the Corpus Christi Beach Association to assist in building a sidewalk to access the playground equipment at Corpus Christi Beach Park; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $2,500 each. (Requires 2/3 Vote) (Attachment # 2) 3. a. Resolution authorizing the City Manager or his designee to execute Addendum No. 1 to the Interlocal Cooperation Agreement with Nueces County, for City of Corpus Christi to provide lifeguard services on Nueces County Gulf Beaches in Newport Pass and Padre Belli Parks owned by County. (Requires 2/3 Vote) (Attachment # 3) b. Ordinance appropriating $19,968.00 in the General Fund No. 1020 for reimbursement from Nueces County for lifeguard services on Nueces County Gulf Beaches; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $19,968.00 each. (Requires 2/3 Vote) (Attachment # 3) 4. Resolution ratifying the submission of a joint grant application with Texas A &M University- Corpus Christi to the National Oceanic and Atmospheric Administration (NOAA), Coastal and Marine Habitat Restoration Project Grant in the amount of $3,164,454 in the American Recovery and Reinvestment Act for the purpose of study and removal of Sargassum on three pilot sites within the 7.7 miles of Gulf Beach maintained by the City of Corpus Christi, with City match of $700,133 in the Parks and Recreation General Fund (Beach Maintenance Operations). (Requires 2/3 Vote) (Attachment # 4) Agenda Regular Council Meeting April 21, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 5. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with B. Harman Engineering, LLC of Corpus Christi, Texas in the amount of $271,702 for the Oso Water Reclamation Plant Process Improvements, Belt Filter Press Building Replacement Project. (Requires 2/3 Vote) (Attachment # 5) 6. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, of Corpus Christi, Texas in the amount of $1,414,850, for design, bid, and construction phase services for Kostoryz Road: (Bond 2008) (Requires 2/3 Vote) (Attachment # 6) *Kostoryz Road, Phase 1 from Horne to Sunnybrook *Kostoryz Road, Phase 2 from Sunnybrook to SPID 7. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, Inc. of Corpus Christi, Texas, in the amount of $599,563 for Up River Road — Rand Morgan to I.H. 37 (inside City limits only) for design, bid, and construction phase services. (Bond 2008) (Requires 2/3 Vote) (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Bath Engineering Corporation of Corpus Christi, Texas, in the amount of $398,600 for a revised fee of $445,600 for O.N. Stevens Process - Monitoring Instrumentation and Automation Improvements. (Requires 2/3 Vote) (Attachment # 8) 9. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $147,620 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility for the design, bid, construction, and additional phase services. (Requires 2/3 Vote) (Attachment # 9) 10. Motion authorizing the City Manager, or his designee, to execute a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas in the amount of $114,600 for North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators for the Base Bid. (Requires 2/3 Vote) (Attachment # 10) 41E ihTE Agenda Regular Council Meeting April 21, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing payment of the Special Commissioners Award in the amount of $380,000 in connection with condemnation of Parcel 2, owned by Vickers Family Trust, for fee simple property rights to 7.197 acres of land located along the west side of Paul Jones Avenue, approximately one - quarter mile southeast of South Padre Island Drive, necessary for the South Guth Ball Field Relocation Project and for other related public purposes. (Requires 2/3 Vote) (Attachment # 11) a. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Ark Assessment Center and Emergency Shelter for Youth for childcare items. (Requires 2/3 Vote) (Attachment # 12) b. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Big Brothers Big Sisters of South Texas for mentoring services for children. (Requires 2/3 Vote) (Attachment # 12) c. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Coastal Bend Community Foundation for Downtown Art Project. (Requires 2/3 Vote) (Attachment # 12) d. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with K Space Contemporary for art program expenses. (Requires 2/3 Vote) (Attachment # 12) e. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the South Texas Substance Abuse Recovery Services (STSARS) for services to homeless or at -risk homeless individuals. (Requires 2/3 Vote) (Attachment # 12) f. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Workforce Solutions of the Coastal Bend for education and referral services to foster care youth to enter workplace. (Requires 2/3 Vote) (Attachment # 12) 13. First Reading Ordinance - Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by deleting Division 12, Small Business Advisory Committee. (Attachment # 13) 12. Agenda Regular Council Meeting April 21, 2009 Page 6 14. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Second Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Ayers Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (First Reading — 4/14/09) (Attachment # 14) b. Second Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Elizabeth Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (First Reading — 4/14/09) (Attachment # 14) c. Second Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Santa Fe Street between Ayers Street and Elizabeth Street from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (First Reading — 4/14/09) (Attachment # 14) J. PUBLIC HEARINGS: ZONING CASES: 15. Case No. 0109 -05, Proportional Prosperity, LLC: A change of zoning from a "B-4" General Business District to an 1 -2 Light Industrial District on property described as Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26 and 27 located at the northeast corner of Saratoga and Calle las Colonias approximately % mile east of Greenwood Drive. (Requires 2/3 Vote) (Attachment # 15) Planning Commission & Staffs Recommendation: Denial of the "1 -2" Light Industrial District and in lieu thereof approval of a Special Permit subject to a site plan and six conditions. ORDINANCE Ordinance amending the Zoning Ordinance, upon application by Proportional Prosperity, L.L.C., by changing the Zoning Map in reference to Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26, and 27, from "B-4" General Business District to "B -4 /SP" Agenda Regular Council Meeting April 21, 2009 Page 7 16. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) General Business District with a Special Permit so that the existing building, and specifically, the associated outdoor storage use, conforms to the Zoning, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: a. Public Hearing to receive public comments regarding an amendment of the FY2008 Consolidated Annual Action Plan to add $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of Community Development Block Grant funds provided from the American Recovery and Reinvestment Act of 2009. (Attachment # 16) b. Motion to authorize the City Manager or his designee to amend the FY2008 Consolidated Annual Action Plan to add $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of Community Development Block Grant funds provided from the American Recovery and Reinvestment Act of 2009 and to execute all related and necessary documents. (Requires 2/3 Vote) (Attachment # 16) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17. Motion endorsing the recommendations of the Charter Review Ad Hoc Committee. (To be considered at approximately 11:00 A.M.) (Attachment # 17) 18. Resolution adopting the FY 2009 Consolidated Annual Action Plan which includes the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnership (HOME) programs; authorizing the City Manager or his designee to submit the FY 2009 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his Agenda Regular Council Meeting April 21, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) designee to make changes in the FY 2009 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. (Requires 2/3 Vote) (Attachment # 18) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 19. Status of Storm Water Drainage Utility Rate Development (Attachment # 19) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting April 21, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,)1 DD p.m., on April 15, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. APRIL 21, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: K. REGULAR AGENDA 18.1. Resolution approving the Reformed Cooperative Agreement with Nueces County to form and operate a Public Health District; authorizing the City Manager or his designee to execute the reformed agreement; and authorizing the City Manager or his designee to implement all additional measures required by the City underthe reformed agreement. (Requires 2l3 Vote) 18.2. Resolution authorizing the naming of the Packery Channel Boat Ramp the "Henry Garrett Packery Channel Boat Ramp" in honor of his contributions as Mayor of the City in helping to promote the Packery Project and related amenities. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~%5 D p.m., April 17, 2009. Armando Chapa City Secretary City Council Goals 2007 -2009 p its IYOWNI Develop Street Plan Texas A&M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 21, 2009 AGENDA ITEM: Ordinance appropriating $5,000 in the General Fund No. 1020 from a donation from the Pollution Prevention Partnership to assist in the purchase and installation of bike racks on City property in the downtown and bayfront area; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $5,000 each; and declaring an emergency. ISSUE: Approval of this item will result in the installation of several bike racks in the downtown and bayfront area. The basis for the request is to provide support facilities and infrastructure for the successful implementation of the City of Corpus Christi Bicycle Transportation Plan. The Pollution Prevention Partnership applied for the funding of this project from the Texas Commission on Environmental Quality (TCEQ). The community need being addressed is transportation planning as it relates to air quality, congestion, bayfront development that encourages green spaces and trails, and livable communities. The need was identified due to the changing dynamics of the downtown and bayfront area. Within the next few months, numerous residential lofts will be opening in the downtown area. In addition, the bayfront development plan is being implemented. Each of these projects requires green space, bicycle access and infrastructure. REQUIRED COUNCIL ACTION: Council approval required for appropriation of funds provided for this project through the Pollution Prevention Partnership. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance. Attachments: Background Information —1— Sally Gavlik, Director Parks and Recreation Department BACKGROUND INFORMATION The Pollution Prevention Partnership applied for funding for this project from the Texas Commission of Environmental Quality (TCEQ) to address transportation planning as it relates to air quality and congestion. Green spaces, trails and use of alternative transportation such as bicycles are important parts of a livable community. There are numerous entities which have collaborated on this plan: TCEQ (funding), Pollution Prevention Partnership (implementing the funding plan), the City of Corpus Christi (implementing the City bicycle transportation plan - Traffic Engineering and Parks and Recreation), the Metropolitan Planning Organization (responsible for regional transportation planning, traffic congestion management, and bicycle transportation planning), and the Downtown Management District (assisting in locating sites for several of the bike racks). —2— Page 1 of 2 AN ORDINANCE APPROPRIATING $5,000 IN THE GENERAL FUND NO. 1020 FROM A DONATION FROM THE POLLUTION PREVENTION PARTNERSHIP TO ASSIST IN THE PURCHASE AND INSTALLATION OF BIKE RACKS ON CITY PROPERTY IN THE DOWNTOWN AND BAYFRONT AREA; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 TO INCREASE ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 EACH; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,000 is appropriated from the General Fund No. 1020 to assist in the purchase and installation of bike racks on City property in the downtown and bayfront area, and changing FY 2008 -2009 Operating Budget to increase estimated revenues and appropriations by $5,000 each. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: April it , 2009 By: _cin._AG Lisa Aguitz(r Assistant City Attorney For City Attorney Henry Garrett Mayor H: \LEG- DIR\Jeannie\Lisa \Ord inances- Resolutions \ORD- Approp- BillRacks.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H \LEG -DI R\leannie\ Lisa \Ordinances- Resolu lions \ORD- Apprpp- BikeRacks.doc CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 21, 2009 AGENDA ITEM: A. Resolution authorizing City Manager or designee to execute an interlocal cooperation agreement with Nueces County Texas regarding park playground equipment for Corpus Christi Beach. B. Ordinance appropriating $2,500 in the General Fund No. 1020 from a donation from the Corpus Christi Beach Association to assist in building a sidewalk to access the playground equipment at Corpus Christi Beach Park; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $2,500 each; and declaring an emergency. ISSUE: Corpus Christi Beach Park Improvement Project. The citizen group, Corpus Christi Beach Association, requested the City improve the park. Staff has coordinated the purchase of the playground equipment by Nueces County, the Corpus Christi Beach Association contributed two thousand, five hundred dollars ($2,500) toward materials used to build an accessible sidewalk to the playground. The City provided the remaining sum for the accessible sidewalk and all labor to complete the improvement project. REQUIRED COUNCIL ACTION: Council approval required for interlocal cooperative agreements and appropriation of funds. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of interlocal agreement and appropriation of funds. Attachments: Background Information Atku.. Q. d--C Sally Gavlik, Director Parks and Recreation Department —7— BACKGROUND INFORMATION During the fall of 2006, the Corpus Christi Beach Association discussed a civic project to improve their neighborhood. On April 26, 2007, the group met with former City Manager, George K. Noe to present their Corpus Christi Beach "Wants and Needs" List. Additional meetings with Staff and Community Supporters were held during 2007 and fund - raising efforts began. In October of 2008, County Commissioner Peggy Banales announced that Nueces County would purchase new playground equipment to be placed on city -owned land on Corpus Christi Beach Park. The park improvements would be a City- County collaborative project. The playground equipment (valued at approximately $13,000) was ordered and purchased by Nueces County. The Corpus Christi Beach Association has contributed two thousand five hundred dollars ($2,500) to build an accessible sidewalk to the playground area. The City provided all labor to complete the improvement project. Currently the playground equipment has been installed and all ADA requirements have been met. EXHIBIT "A" Stainless Steel Wave Slide Extra Heavy Duty 3 -way Swing with 4 Rubber Strap Seats with chains Double Level Arch Climber 6' Bench Supervision Safety Kit & Play Structure Maintenance Kit Age Appropriate Playground Sign Plastic Stone borders Playground Wood fiber mulch Wheelchair access ramp with end caps Page 1 of 1 RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY TEXAS REGARDING PARK PLAYGROUND EQUIPMENT FOR CORPUS CHRISTI BEACH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Nueces County Texas regarding park playground equipment for Corpus Christi Beach. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED February 4, 2009 . At Lisa Aguilar( Assistant City Attorney For City Attorney Henry Garrett Mayor -10- Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon STATE OF TEXAS COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR RECREATIONAL EQUIPMENT WHEREAS, the City of Corpus Christi, hereinafter "City," has need of playground equipment, identified on Exhibit A, herein "Equipment," WHEREAS, the County of Nueces, hereinafter "County," can provide Equipment consistent with the City's needs; WHEREAS, the City has requested such Equipment from the County; WHEREAS, the City and the County desire to enter into an agreement to permit the County provide such Equipment to the City; and WHEREAS, Chapter 791 of the Texas Government Code, as amended authorizes contracts between local governmental agencies to perform governmental functions and services such as Parks and Recreation. NOW, THEREFORE, THIS AGREEMENT is hereby made an entered into by City and County upon and for the mutual consideration stated herein: 1. City and County contract and agree that County will provide City the Equipment consisting specifically of those items as shown on Exhibit "A" herein attached and incorporated in its entirety. 2. The City agrees to install said Equipment at the following City location: The north end of Corpus Christi Beach, 4801 North Shoreline Blvd. 3. The Equipment becomes City property for all purposes upon installation on City property. 4. As consideration for providing this Equipment to City, City agrees to install and maintain the Equipment in a City public park at the north end of Corpus Christi Beach, 4801 North Shoreline Blvd., within two months from date of last signature of this Agreement, and ensure that the equipment is available for use without charge by the general public, including Nueces County residents. 5. City has sole responsibility for maintenance and upkeep of the Equipment. 6. Should City in the sole discretion of its Parks Director decide that the Equipment is beyond reasonable repair, City has no duty to replace said Equipment. —12— 7. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. 8. This contract shall be in effect for as long as the Equipment is being maintained by the City at a public park for use by the general public, including Nueces County residents 9. If City ceases to use or maintain equipment provided under this Agreement for general public use within first five years of this Agreement, the County at its option may require the return of the Equipment. Any expense to remove the Equipment and deliver to a location within Nueces County upon County's direction will be borne by the City. 10. The City and County agree that the County does not ensure the safety, condition, or security of the Equipment and assumes no responsibility or liability for such. 11. BINDING AGREEMENT:AUTHORITY: PARTIES BOUND This Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this agreement. 12. AMENDMENT This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. The City Manager is authorized to execute amendments which do not change the essential purpose of this agreement. 13 APPLICABLE LAW. This Agreement shall be expressly subject to City and County's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code and all applicable state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either the City or County shall be in Nueces County, Texas. 14 SEVERABILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 15 NOTIFICATION Any and all notices which may be required under the terms of the Agreement shall be delivered by registered or certified United States mail or by a recognized commercial carrier or delivery service as follows: NUECES COUNTY: Nueces County Judge 901 Leopard, Room 303 CITY OF CORPUS CHRISTI: Director of Parks and Recreation 1201 Leopard Street —13— Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 AGREED TO BY: NUECES COUNTY CITY OF CORPUS CHRISTI Samuel Loyd Neal, Jr. County Judge `Angel R. Escobar, City Manager Date- Date- -1 4— EXHIBIT "A" Stainless Steel Wave Slide Extra Heavy Duty 3 -way Swing with 4 Rubber Strap Seats with chains Double Level Arch Climber 6' Bench Supervision Safety Kit & Play Structure Maintenance Kit Age Appropriate Playground Sign Plastic Stone borders Playground Wood fiber mulch Wheelchair access ramp with end caps —15— Page 1 of 2 ORDINANCE APPROPRIATING $2,500 IN THE GENERAL FUND NO. 1020 FROM A DONATION FROM THE CORPUS CHRISTI BEACH ASSOCIATION TO ASSIST IN BUILDING A SIDEWALK TO ACCESS THE PLAYGROUND EQUIPMENT AT CORPUS CHRISTI BEACH PARK; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 TO INCREASE ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,500 donation from the Corpus Christi Beach Association is appropriated in the General Fund No. 1020 to assist in building a sidewalk to access the playground equipment at Corpus Christi Beach park. SECTION 2. That the FY 2008 -2009 Operating Budget adopted by Ordinance 027776 is changed to increase estimated revenues and expenditures by $2,500 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 13, 2009 gey Lisa Aguilar Assistant CIt9i Attorney For City Attorney —16— Henry Garrett. Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —17— 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 21, 2009 AGENDA ITEM: A. Resolution authorizing City Manager, or designee, to execute addendum No. 1 to the interlocal cooperation agreement with Nueces County, for City of Corpus Christi to provide lifeguard services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by County. B. Ordinance appropriating $19,968.00 in the General Fund No. 1020 for reimbursement from Nueces County for lifeguard services on Nueces County Gulf Beaches; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $19,968.00 each; and declaring an emergency. ISSUE: Nueces County has requested the City hire two (2) additional lifeguards for its Gulf Beach Lifeguard staff to provide lifeguard services on the County beaches and the City would be reimbursed by the County for the costs of these services. The rates for the reimbursement are provided in the background information and are included as an exhibit to the interlocal cooperation agreement. The two (2) additional seasonal lifeguards would be supervised by City staff. REQUIRED COUNCIL ACTION: Council must approve intergovernmental agreements. PREVIOUS COUNCIL ACTION: Council approved a similar interlocal agreement the last four years. CONCLUSION AND RECOMMENDATION: Staff recommends approval of interlocal agreement with Nueces County for these lifeguard services. Attachments: Exhibit A a. a Sally Gavlik, Director Parks and Recreation —21— EXHIBIT A LIFEGUARD EXPENSES for 2009 1. The following will be provided /performed by the City of Corpus Christi Parks & Recreation Department: Staff Provided (5 days /week) Salary Temp Cost Total Lifeguard (78 days /8 hrs /day) $6,552.00 $3,432.00 $9,984.00 Lifeguard (78 days /8 hrs /day) $6,552.00 $3,432.00 $9,984.00 Total $13,104.00 $6,864.00 $19,968.00 2. Lifeguards will guard two stands at Bob Hall Pier on Thursday, Friday, Saturday, Sunday, and Monday. Tuesday and Wednesday will be patrolled by lifeguard vehicles only. Lifeguards at Bob Hall Pier will begin May 22nd and last till Sept. 6, 2009. 3. The following will be provided /performed by the Nueces County Parks & Recreation Department: A. Lifeguard stands (2) B. First Aid Equipment and Materials (2 bags) C. Radios (2) D. Lifesaving board and float (2) -22- Page 1 of 1 RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE ADDENDUM NO. 1 TO THE INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY FOR CITY OF CORPUS CHRISTI TO PROVIDE LIFEGUARD SERVICES ON NUECES COUNTY GULF BEACHES IN NEWPORT PASS AND PADRE BALLI PARKS OWNED BY COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute Addendum No. 1 to the Interlocal Cooperation Agreement with Nueces County Texas for the City of Corpus Christi, Texas to provide Lifeguard Services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by County. A copy of the Addendum is on file in the City Secretary's Office and a copy is attached. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED February 20, 2009 Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor -23- Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -24- CONTRACT ADDENDUM NO. 1 NUECES COUNTY AND CITY OF CORPUS CHRISTI WHEREAS, the County of Nueces and the City of Corpus Christi entered into a Contract on July 28, 2008 for Lifeguard Beach Services; WHEREAS, the Agreement renews automatically each year; WHEREAS, the Lifeguard Services schedule and costs need to be defined for renewal year 2009; NOW THEREFORE, Nueces County and the City Corpus Christi, in consideration of the mutual agreements contained in the original contract and additional consideration provided pursuant to this addendum do hereby mutually agree: 1. To add Exhibit "1" herein attached and incorporated in its entirety entitled "Lifeguard Expenses for 2009." 2. All other provisions of contract shall remain the same. IN WITNESS WHEREOF, Nueces County and City of Corpus Christi have executed these presents in duplicate. WITNESS our hands on this day of , 2009. NUECES COUNTY CITY OF CORPUS CHRISTI BY: County Judge ATTEST: BY: County Clerk —25— BY: City Manager EXHIBIT 1 LIFEGUARD EXPENSES for 2009 1. The following will be provided /performed by the City of Corpus Christi Staff Provided (5 days /week) Salary Temp Cost Total Lifeguard (78 days/8 hrs /day) $6,552.00 $3,432.00 $9,984.00 Lifeguard (78 days /8 hrs /day) $6,552.00 $3,432.00 $9,984.00 Total $13,104.00 $6,864.00 $19,968.00 2. Lifeguards will guard two stands at Bob Hall Pier on Thursday, Friday, Saturday, Sunday, and Monday. Tuesday and Wednesday will be patrolled by lifeguard vehicles only. 3. The following will be provided /performed by the Nueces County Parks & Recreation Department: A. Lifeguard stands (2) B. First Aid Equipment and Materials (2 bags) C. Radios (2) D. Lifesaving board and float (2) —26— Page 1 of 2 ORDINANCE APPROPRIATING $19,968 IN THE GENERAL FUND NO. 1020 FOR REIMBURSEMENT FROM NUECES COUNTY FOR LIFEGUARD SERVICES ON NUECES COUNTY GULF BEACHES; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 TO INCREASE ESTIMATED REVENUES AND APPROPRIATIONS BY $19,968 EACH; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $19,968 is appropriated in the General Fund No. 1020 for reimbursement from Nueces County for lifeguard services on Nueces County Gulf Beaches; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $19,968 each. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. ATTEST: Armando Chapa City Secretary Approved: February 20, 2009 Lisa Agui Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett. Mayor —27— Page 2 of 2 Corpus Christi, Texas Day of , 2009 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: 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -28- 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 21, 2009 AGENDA ITEM: Resolution ratifying the submission of a joint grant application with Texas A &M University — Corpus Christi to the National Oceanic and Atmospheric Association (NOAA), Coastal and Marine Habitat Restoration Project Grant in the amount of $3,164,454 in the American Recovery and Reinvestment Act for the purpose of study and removal of Sargassum on three pilot sites within the 7.7 miles of Gulf beach maintained by the City of Corpus Christi with City match of $700,133 in the Parks and Recreation General Fund (Beach Maintenance Operations). ISSUE: The City of Corpus Christi Parks and Recreation Department in conjunction with Texas A &M University will apply for a NOAA, Coastal and Marine Habitat Restoration Project Grant, American Recovery and Reinvestment Act; on April 6, 2009, for the study and removal of Sargassum on three pilot sites within the 7.7 miles of gulf beach maintained by the City of Corpus Christi. The grant is for a twenty -four (24) month period. REQUIRED COUNCIL ACTION: Approval of the grant application to NOAA, Coastal and Marine Habitat Restoration Project Grant. PREVIOUS COUNCIL ACTION: There have been no previous Council actions concerning this project. In 2008, the University held the first Sargassum symposium to discuss the implications of Sargassum on beach maintenance and other issues. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Department recommends Council approve the resolution required by the grant application. Attachments: none //./„ II Sal y Gavli , Director Parks and- ecreation Department —31— BACKGROUND The National Oceanic and Atmospheric Association (NOAA), Coastal and Marine Habitat Restoration Project through the Restoration and Recovery Act developed a grant program. The grant announcement was made available the first part of March 2009 with applications due April 6, 2009. The Parks and Recreation Department met with Texas A &M University — Corpus Christi on March 31, 2009 to discuss the potential for a joint application for the purpose of studying and removal of Sargassum. TAMU -CC determined that there were up to ten (10) different studies relating to Sargassum that could be included in the grant application. The Parks and Recreation Department would fund additional staff for testing of Sargassum removal techniques in conjunction with the General Land Office (GLO). This grant application will allow for both the University and the City to study Sargassum and to evaluate alternative removal techniques. Neither entity has been able to fund the aspects of Sargassum previously. The Sargassum Symposium in May 2008 noted the need for this type of study to be undertaken. The NOAA will notify applicants of approval of grant applications by the first of May with implementation in the summer of 2009. The anticipated date for implementation will be July 1, 2009. The Council was notified of the grant application by separate memo on April 1, 2009. —32— Page 1 of 2 RESOLUTION RATIFYING THE SUBMISSION OF A JOINT GRANT APPLICATION WITH TEXAS A &M UNIVERSITY — CORPUS CHRISTI TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) COASTAL AND MARINE HABITAT RESTORATION PROJECT GRANT IN THE AMOUNT OF $3,164,454 IN THE AMERICAN RECOVERY AND REINVESTMENT ACT FOR THE PURPOSE OF STUDY AND REMOVAL OF SARGASSUM ON THREE PILOT SITES WITHIN THE 7.7 MILES OF GULF BEACH MAINTAINED BY THE CITY OF CORPUS CHRISTI WITH CITY MATCH OF $700,133 IN THE PARKS AND RECREATION GENERAL FUND (BEACH MAINTENANCE OPERATIONS). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the execution of documents by the City Manager or designee necessary to submit a joint grant application with Texas A &M University — Corpus Christi to the National Oceanic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Project Grant in the amount of $3,164,454 in the American Recovery and Reinvestment Act for the purpose of study and removal of Sargassum on three pilot sites within the 7.7 miles of Gulf beach maintained by the City of Corpus Christi with City match of $700,133 in the Parks and Recreation General Fund (Beach Maintenance Operations) is hereby ratified and approved. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: April 14, 2009 Lisa Aguilar Assistant City Attorney for the City Attorney C:\D000ME -1 VisaALLOCALS- 11Temp \Grant -NOAH April 14.doc —33— Henry Garrett Mayor Page 2 of 2 Corpus Christi, Texas of , 2009 The above resolution 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 C: \DOCUME- 1 \IisaA \LOCALS -1 \Temp \Grant -NOAA Agri' 14.doc -34- 5 AGENDA MEMORANDUM DATE: April 21, 2009 SUBJECT: Oso Water Reclamation Plant Process Improvements Belt Filter Press Building Replacement (Project No. 7384) CIP NO. WW 15 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with B. Harman Engineering, LLC from Corpus Christi, Texas in the amount of $271,702 for the Oso Water Reclamation Plant Process Improvements, Belt Filter Press Building Replacement Project. ISSUE: The existing Sludge Dewatering Building at the Oso Water Reclamation Plant was constructed as part of Oso Water Reclamation Plant expansion in 1981 and since then it has outgrown the capacity required for sludge dewatering. The two belt filter presses have become unreliable and have been working at full capacity over ten hours a day, seven days a week. The two belt filter presses are not able to keep up with the removal of sludge from the plant. TCEQ's Chapter 217 rules require the plant to have at least two dewatering units with adequate dewatering capacity for daily sludge flow with the largest unit out of service. A new Sludge Dewatering Building will be constructed with three belt filter presses for reliability or redundancy to comply with the TCEQ rules. The building will have space for fourth filter press which can be installed once the plant reaches its design capacity. FUNDING: Funding is available from the FY2009 Wastewater Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. _.„0000stl Foster Crowell, Pete Anaya, P. E., Director of Wastewater Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H:\ USERS2 WOME\VELMAP\GEN\WASTEWATER \7384 OSO BELT FILTER PRESS BUILDINGWGENDA MEMO —37— AGENDA BACKGROUND SUBJECT: Oso Water Reclamation Plant Process Improvements Belt Filter Press Building Replacement (Project No. 7384) CIP No. WW 15 PROJECT DESCRIPTION: The proposed project includes the construction of a new 5,000 square foot sludge dewatering building. It will be a concrete - structured, 30 foot tall building with two 19' X 18' bays with steel roll up doors. The mechanical equipment will consist of three (3), two (2) meter belt filter presses, sludge hoppers, polymer batch mixing system, polymer feed system, with all piping and appurtenances. The electrical work will consist of new power supply from feeder #2, motor control center, electrical lighting, controls, conduits and wiring of equipment. Additionally, the scope will include replacement of two (2) sludge pumps with motors and new piping for post- thickened sludge complete with new electrical controls and wiring. CONTRACT DESCRIPTION: The consultant shall perform tasks as follows: 1) Perform field investigation as required to verify existing conditions, define locations of tie -in points and identify other applicable parameters to complete items as shown on this task list. Review existing data and documents associated with project. 2) Attend and participate in project start meeting and all additional required planning meetings (4 meetings minimum) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. 3) Develop a preliminary construction schedule and sequencing plan that includes all the items as shown on this Task List. This schedule will include procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules with planned Capital Improvement Program (CIP) funding and will also take into consideration recommendations in the appropriate Wastewater Plans. 4) Establish existing topography, site layout, identifying underground pipelines from 'As Built' drawings and old documents, manholes, electrical pull boxes, electrical pipe rack etc. for the location of the new belt press building required for Engineering Letter Report. 5) Prepare and submit one electronic file in PDF format and one (1) copy of the Engineering Letter Report to City for review. The Engineering Letter Report will document the analyses, approach, cost analysis, benefit analysis and document the work with text, tables, exhibits, vendor equipment data and prepare probable building layout showing the equipment foot prints, operator break room and any EXHIBIT "A" Page 1 of 4 H:\ USERS2 \HOME\VELMAP\GEMWASTEWATERV3B4 OSO BELT FILTER PRESS BUILDINGWGENDA BACKGROUND —38— other necessary features required to show the functionality of the belt filter press building. This will be presented with sectional view of the layouts of different components including chemical feed system required for operation of the sludge dewatering units. Upon review by the City, address any concerns and re- submit final version of Engineering Letter Report. Obtain approval to proceed with Design Phase. The following items will be thoroughly researched, evaluated and finally recommendations made during the Engineering Letter Report Phase: A. Research and develop a thorough understanding of the present needs and the future requirements for dewatering sludge at Oso WRP. B. The existing sludge handling facility at Oso WRP and past records of sludge generated at the plant will be evaluated to design the new sludge dewatering facility. C. New sludge dewatering equipment and belt press building will be designed to comply with the TCEQ's Chapter 217 Rules and will have room for additional belt filter press equipment. D. Plant Layout showing probable locations of the new belt filter press building will be prepared. At least three layouts with the belt press building footprint will be shown and each location will show the building egress and ingress and will indicate the radius required for maneuverability of sludge trucks or the mule with sludge container. E. The existing sludge pumping equipment from the post thickener will be inspected to determine if they will serve the ultimate design capacity of the sludge handling facility at Oso Water Reclamation Plant. Hydraulic analysis of the pumping units and the existing force main will be done to determine if they will have adequate capacity and pumping head required for the new belt filter press units. The report will furnish analysis data of the existing pumping system with recommendations for upgrade necessary to meet the requirements of the new belt filter press equipment. This will require upgrade of the electrical system feeding the thickener pumps F. Evaluate the polymer feed system for the new sludge dewatering building and compare the unit with existing system. This will require input from the operators and the system will be designed around the equipment which the operators are most comfortable with. G. Evaluate the electrical system to determine if the existing main breaker and the feed lines are adequate to handle load in the new filter press building. The Design Memorandum will show any changes recommended for the new sludge dewatering building. EXHIBIT "A" Page 2 of 4 H:\ U5ERS2WOMENELMAP \GEN \WASTEWATERV384 O5O BELT FILTER PRESS BUILDING\ AGENDA BACKGROUND —39— H. Prepare construction cost estimates of the belt filter press building with the equipment. 6) Prepare construction plans to include but not limited to i.e., Title Sheet, Estimate Summary, General Notes, Specification Data, Demolition Plan of existing structures to make room for the new belt filter press building, site piping layout, site paving and grading plan, Architectural and Structural drawings of the building, Mechanical and Electrical equipment layout and electrical site layout. Also, the plans will include SWPPP Sheets, and City Standards. 7) Provide one (1) copy of the sixty (60%) percent plan set and estimates of probable construction costs, along with a plan executive summary for the City's review. Meet with City to discuss the submittal. 8) Submit one (1) copy of one hundred percent (100 %D) plans set and bid documents to City. 9) Provide Bid Phase Services. 10) Provide Construction Phase Services for a period of six months, plus Change Order Time Extensions, from date of Contractor Notice to Proceed. 11) During all phases of the project, provide a one -page monthly progress report via email to the designated City staff by the fifth (5th) day of each month. Provide an additional hard copy of the one -page monthly progress report with the submittal of each monthly invoice. 12) Utilizing the scopes and data as developed in the Engineering Letter Report, prepare construction contract documents, in the City of Corpus Christi required Plan Preparation Standards and Contract Format: A. Incorporate topographic and underground process related piping and electrical duct banks location data into the site plans. B. Prepare site plans showing the new location of the belt filter press building. C. Analyze the egress and ingress requirements and maneuverability of the sludge trucks and tow truck/ container dollies. D. Pavement design for area around the Dewatering Building for heavy truck traffic. E. Prepare grading and drainage plan for the area around the new Dewatering Building. F. Prepare plan sheets of the relocation and extension of existing force mains from the sludge pumps to the new belt press building. G. Analyze the required capacity of the dewatering units for sludge processing for the design treatment capacity of the treatment plant. H. Analyze the requirements for polymer feed system including storage and batch mixing for polymer blending. EXHIBIT "A" Page 3 of 4 H: \USERS2 \HOMEW ELMAP\GEMWASTEWATER \]384 O5O BELT FILTER PRESS BUILDING\AGENDA BACKGROUND —40— Prepare Architectural Drawings of the Dewatering Building. J. Prepare architectural details of the building layout. K. Prepare miscellaneous architectural details. L. Review the geotechnical report and prepare structural calculations for the Dewatering Building. M. Prepare structural plans, evaluations and sections of the reinforced concrete structure, columns and foundation for the Dewatering Building. N. Prepare detailed layout and piping design of the Belt Filter Presses. O. Prepare Mechanical design drawings for the installation. P. Prepare miscellaneous mechanical details for the dewatering sludge building. Q. Prepare Electrical Single Line drawing showing the load requirements for the Dewatering Building Prepare electrical site plan, Dewatering Building power and control panels and lighting and grounding. R. Prepare 480V service calculations including service equipment, conductors, starters and circuits required for different motors and electrical loads. Prepare 208V lighting, transformer and panel calculations. S. Prepare Electrical wiring and conduit schedule for the Dewatering Building. T. Prepare miscellaneous electrical details. 13) Provide a summary of review comments not incorporated into design with the subsequent submission. 14) Prepare a construction schedule and sequencing plan that incorporates all three contracts. 15) At the 60% submission stage, prepare and sign the Project Checklist and Drawing Review Checklist. A Contract Summary is attached as Exhibit "C". FUTURE COUNCIL ACTION: Approval of a construction contract to complete the proposed project as required. EXHIBIT "A" Page 4 of 4 H: \USERS2WOME\VELMAPIGEMWASTEWATER 17384 OSO BELT FILTER PRESS BUILDING\ AGENDA BACKGROUND —41— PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant Process Improvements Belt Filter Press Building Replacement (Project No. 7384) CIP No. WW 15 PRIOR COUNCIL ACTION: 1. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: None. EXHIBIT "B" I Page 1 of 1 H:\ USERS2\ HOME\VELMAP\GEN\WASTEWATER173B4 OSO BELT FILTER PRESS BUILDING\PRIOR PROJECT ACTIONS —42— CONTRACT SUMMARY SUBJECT: Oso Water Reclamation Plant Process Improvements Belt Filter Press Building Replacement (Project No. 7384) CIP No. WW 15 1. SCOPE OF PROJECT. The existing Sludge Dewatering Building was constructed as part of Oso Water Reclamation Plant expansion in 1981 and since then it has outgrown the capacity required for sludge dewatering at the Oso Water Reclamation Plant. The two belt filter presses have become unreliable and have been working to their full capacity over ten hours a day, seven days a week but they have not been able to keep up with removal of sludge from the plant. A new Sludge Dewatering Building will be constructed with three belt filter presses and space for fourth filter press which can be installed once the plant reaches its design capacity. 2. SCOPE OF SERVICES. The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE. DAY DATE ACTIVITY Wednesday May 15, 2009 Begin Preliminary Phase Monday July 27, 2009 Begin Design Phase Friday October 23, 2009 Interim Submittal Friday November 20, 2009 City Review Friday January 21, 2010 Pre -Final Submittal Friday February 19, 2010 City Review Friday March 26, 2010 Final Submittal Monday (2) March 29 & April 5, 2010 Advertise for Bids Wednesday April 7, 2010 Pre -Bid Conference Wednesday April 14, 2010 Receive Bids Monday May 24, 2010 Begin Construction Weekday February 19, 2011 Construction Completion H:\ USERS2 WOME\VELMAP \GEN\WASTEWATER\7384 OSO BELT FILTER PRESS BUILDrldalbA MEMO EXHIBIT "C" Page 1 of 2 4. SUMMARY OF FEES. Fee for Basic Services 1. Preliminary Phase $28,626.00 2. Design Phase 171,787.00 3. Bid Phase 5,210.00 4. Construction Phase 22,355.00 Subtotal Basic Services Fees 227,978.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TCEQ TDLR Windstorm Certification (authorized) Sub -Total Permit Preparation 3,000.00 3,450.00 3,890.00 10,340.00 2. Start -up Services 888.00 3. Construction Observation Services — 10 hours per week for up to 39 weeks @ $70 per hour 27,300.00 4. Warranty Phase 2,316.00 5. Survey for Equipment Alignment 2,880.00 Sub -Total Additional Services Fees 43,724.00 Total Fees including Additional Services $271,702.00 H:\ USERS2 \HOME\VELMAP\GEMWASTEWATER \7354 050 BELT FILTER PRESZt4I4II7GAGENOA MEMO IEXHIBIT "C" I Page 2 of 2 \Mproject \councilexhibite \exh7384.dwg N AS --NSL9° Creek LOCATION MAP NOT TO SCALE PROJECT #7384 EXHIBIT "D' Oso Water Reclamation Plant Process Improvements, Belt Filter Press Building Replacement CITY COUNCIL EXHIBIT art OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SETtNCES PAGE: 1 of 1 DATE: 03/30/2009 iiiiitil MEP =II IMP am al all 40 6 AGENDA MEMORANDUM DATE: April 21, 2009 SUBJECT: Kostoryz Road (BOND ISSUE 2008) Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to SPID (Project No. 6490) CIP No. Bond 2008 Streets AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Goldston Engineering, a CH2M Hill Company from Corpus Christi, Texas in the amount of $1,414,850, for design, bid, and construction phase services for Kostoryz Road BOND ISSUE 2008: • Kostoryz Road, Phase 1 from Horne to Sunnybrook • Kostoryz Road, Phase 2 from Sunnybrook to SPID ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available through a reimbursement resolution approved by the City Council on November 18, 2008. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H:\ USERS2JIOME \VELMAP\GEN\STREET\6489 KOSTORYZ\AGENDA 2 MEMO —49— BACKGROUND INFORMATION SUBJECT: Kostoryz Road (BOND ISSUE 2008) Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to SPID (Project No. 6490) CIP No. Bond 2008 Streets PROJECT DESCRIPTION: The project is located on Kostoryz Road and includes 2 phases as follows: Phase 1 is located on Kostoryz Road between the south right -of -way limit of Horne Road intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and Gollihar intersection. The length of the project is approximately 2,500 linear feet, with an off-site storm water element of approximately 3,500 linear feet that extends from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway, and down Brawner Parkway Ditch to Carroll Lane. Phase 2 is located on Kostoryz Road between the north right -of -way limit of S.P.I.D. (S.H. 358) intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and McArdle intersection. The length of the project is approximately 2,300 linear feet. The total project includes the following: • Complete reconstruction of the existing roadway between the existing curb and gutter • Removal and replacement of curb and gutter • Removal and replacement of sidewalk and new construction in locations where there is no existing sidewalk • ADA curb ramps • Lane striping and pavement markings • Rehabilitation of existing sanitary sewers • Replace and /or adjust curb inlets to improve drainage • Supplemental underground storm drainage • Adjust affected valves and manholes to grade • Off -Site Drainage CONTRACT DESCRIPTION: The consultant shall perform the following tasks: Phase 1 Kostorvz Road from Horne to Sunnvbrook: 1.0 Location : The project is located on Kostoryz Road between the south right -of -way limit of Horne Road intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and Gollihar intersection. City Fire Station #8 services this area. The length of the project is approximately 2,500 linear feet, with an off -site storm IEXHIBIT "A" I Page 1 of 11 H: USERS2 \HOME\VELMAP\GEN\STREET\6489 KOSTORVZ\AGENDA 3 BACKGROUND water element of approximately 3,500 linear feet. 2.0 Existing Conditions: 2.1 Pavement /Street: The existing pavement and street conditions have longitudinal and transverse cracking, block cracking, alligator cracking, potholes, large patching, raveling along curb and gutter, rolled and failed curb and gutter, and non -ADA compliant sidewalks. The Kostoryz and Sunnybrook intersection is non -ADA compliant. 2.2 Utilities: According to available records, there are water, gas, storm water and wastewater lines intersecting and running parallel to the proposed street construction. The water utilities include 12" C900, 16" CIP, and 8" ACP. The 12" C900 water transmission line will remain in place and unchanged. The gas utilities consist of a 4" WS line to remain undisturbed. The wastewater utilities include 12" VCP and 15" VCP. The storm water utilities consist of 18" RCP, 30" RCP, 54" RCP, and 10' x 8' RCB which will be redesigned in accordance with the City of Corpus Christi Storm Water Design Criteria. There are third party (AEP) overhead electric lines along the both sides of the street which may need to be relocated. 3.0 Proposed Construction: 3.1 The removal and reconstruction of approximately 2,500 feet of the four -lane arterial roadway, consisting of two travel lanes in each direction with a middle left turn lane in areas where there is adequate right -of -way. 3.2 Lane striping and pavement markings. 3.3 Removal and replacement of selected curb and gutter, remove sidewalk and replace with 5' sidewalks and construct new 5' sidewalks in locations where none exist, remove and replace concrete driveways and construct new concrete driveways in locations where none exist. 3.4 New construction of ADA curb ramps. 3.5 Replace existing with new RTA concrete pads with City and RTA concurrence. 3.6 Removal and replacement of signalized mast arms foundations, per city requirements. 3.7 Street signage and traffic control (during construction). 3.8 Upgrades to existing water infrastructure include removal of approximately 60 feet of 8" ACP, and 145 feet of 16" CIP lines and replacement with C900 PVC including all necessary valves, fittings, special handling for ACP lines. 3.9 Upgrades to existing storm water infrastructure include removal and /or replacement of approximately 560 feet of 18" RCP, 65 feet 42" RCP, 150 feet of 6' x 5' RCB, 1,365 feet of 8' x 5' RCB, and 970 feet of 10' x 10' RCB including all necessary curb inlets, and manholes per City design criteria. 3.10 Upgrades to existing sanitary sewer infrastructure include approximately 345 feet of 8" pipe, 275 feet of 10" pipe, 2,320 feet of 12" pipe, 165 feet of 15" pipe, service connections, and manholes. H:\ USERS2 \HOME\VELMAP\GEMSTREET\6489 KOSTORYZ■GENDA 3 BACKGROUND 51— EXHIBIT "A" Page 2 of 11 4.0 Phase 1 Offsite Drainage: 4.1 This project includes off -site drainage from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway, and down Brawner Parkway Ditch to Carroll Lane. Off -Site Elements Include: • Kostoryz Road: Removal and complete reconstruction of approximately 1100 ft of four lane arterial roadway, consisting of two travel lanes in each direction with a middle left turn lane in areas where there is adequate right - of -way. • Kostoryz Road: Lane striping and pavement markings. • Kostoryz Road: Removal and replacement of curb and gutter. • Kostoryz Road: Removal of sidewalk and replacement with 5' sidewalks and new construction of 5' sidewalk in locations where there is no existing sidewalk. • Brawner Parkway: Construction of approximately 1600 if of new separated hike & bike sidewalk. • Kostoryz Road: New construction of approximately twenty (20) ADA curb ramps per construction contract requirements. • Kostoryz Road: Removal and replacement of approximately sixteen (16) concrete driveways and new construction of concrete driveways per construction contract requirements in locations where none exist. • Kostoryz Road: New street lighting per construction contract requirements. • Kostoryz Road: RTA concrete pads per construction contract requirements. • Kostoryz Road: Removal and replacement of signalized mast arms per construction contract requirements. • Street signage and traffic control per construction contract requirements. • Kostoryz Road: Upgrades to existing water infrastructure include removal of approximately 63 feet of 8" ACP, 157 feet of 6" ACP, and 132 feet of 6" CIP water lines and replacement with C900 PVC including all necessary valves, fittings, special handling for ACP lines, and trench safety. • Kostoryz Road: Upgrades to existing storm water infrastructure include removal and replacement of approximately 268 feet of 18" RCP, 318 feet 24" RCP, 50 feet of 30" RCP, 75 feet of 36" RCP, and installation of approximately 1,075 feet of 10' x 10' RCB. Upgrades include all necessary curb inlets, manholes, and trench safety as according to a preliminary assessment to upgrade the storm water system according to the City of Corpus Christi Design Criteria. • Brawner Parkway Ditch: Upgrades to existing storm water infrastructure include excavation of approximately 28,000 cubic yards of existing Brawner Ditch to achieve a 40 foot wide X 8 foot deep conveyance channel. Upgrades include all necessary curb inlets, manholes, grass sodding, and trench safety as according to a preliminary assessment to upgrade the storm water system according to the City of Corpus Christi Design Criteria. • Kostoryz Road: Upgrades for existing sanitary sewer infrastructure include replacement of approximately 82 feet of 8" pipe, 575 feet of 12" pipe LEXHIBIT "A" Page 3 of 11 H:\ USERS2 \HOMEWELMAP\GEN\STREET64B9 KOSTORYZNGENDA 3 BACKGR D including necessary trench safety, service connections, and manholes. Scope of Services 1.0 Basic Services — Engineer's Letter Report: (Preliminary) 1.1 An Engineer's Letter Report will be required and should include alternative design considerations to accomplish the following: • Constructability; • Existing utilities, conflicts, and recommendations; • Pedestrian Safety; • Construction sequencing and conflicts; • Drainage improvements; • Business and residential driveways and approaches; • Strip maps showing improvements with anticipated phasing; • Opinion of probable construction cost and constructional scheduling; • Identify owner responsible permit requirements with regulatory agency (See Exhibit A, 1.B.1.); and, • Detention rating calculations. 2.0 Final Design: 2.1 Provide excavation and trench safety requirements per City standards for the trunk main installation. (Note: Actual means and methods will be provided by the Construction Contractor). 2.2 Provide well - pointing and effluent disposal performance criteria. (Note: Actual means and methods will be provided by the Construction Contractor). 2.3 Provide engineering and CADD services for the following preliminary drawing list: Sheet No. Description 1 Cover Sheet (1 sheet) 2 General Notes and Abbreviations (1 sheet) 3 Estimated Quantities (1 sheet) 4 -5 Overall Layout and Project Control (2 sheets) 6 Construction Sequencing and Testing Schedule (1 sheet) 7 -14 Demolition Plans (8 sheets) 15 Existing Typical Sections (1 sheet) 16 Proposed Typical Sections (1 sheet) 17 -32 Plan & Profile Street and Storm (16 sheets) 33 -38 Culvert Bend and Junction Box Details (6 sheets) 39-41 Storm Drain Analysis (3 sheets) 42 Overall Drainage Area Map (1 sheets) 43-44 Miscellaneous Details (2 sheets) 4549 City Standard Details (5 sheets) H:\ USERS2WOME \VELMAP\GEN\STREET\6489 KOSTORYZ\AGENDA 3 BACKGROUND 53— EXHIBIT "A" I Page 4 of 11 50 -55 TxDOT Standard Details (6 sheets) 56 -59 Curb Ramp Details (4 sheets) 60 -64 Curb Ramp Layouts (5 sheets) 65 -80 Plan and Profile —> Water and Wastewater (16 sheets) 81 -90 City Standard Details (10 sheets) 91 -98 Permanent Pavement Marking Plans (8 sheets) 99 -110 TxDOT Standard Drawings (12 sheets) 111 Construction Phasing Layout and General Notes (1 sheet) 112 -119 Traffic Control (8 Sheets) 120 SWPPP Notes (1 Sheet) 121 Curb Inlet Protection (1 Sheet) 122 -124 SWPP Plan Sheets (3 Sheets) 2.4 Provide specifications and contract documents in City format. 2.5 Bid Services. 2.6 Construction Administration Services for 2 hours /week for 90 weeks. 2.7 Provide record drawings based on contractor provided redlines. 2.8 Recommend geotechnical scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). 2.9 Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in two (2) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. a. Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental Issues and archeological services to be determined and negotiated as an Additional Service if required). b. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. ADDITIONAL SERVICES 1.0 Topographic Survey (AUTHORIZED) 1.1 Provide a topographic survey along the street and trunk main route along Kostoryz Rd spanning from the 100 feet south of the South ROW line on Sunnybrook Lane to a point 100 south of the south ROW line of Horne Road that includes the area up to 50' on either side of the centerline of the existing street and 250 feet either side of existing intersections. H:\ USERS2 \HOMENELMAP\GEMSTREET16489 KOSTORYZWGENDA 3 BACKGRI J& IEXHIBIT "A" I Page 5 of 11 1.2 Provide a topographic survey for off -site drainage from 100 feet south ROW of Horne Road to north ROW Brawner Parkway(to including full East and West right - of -way of Kostoryz), from the west ROW of Brawner Parkway to a point 100 feet east of the east ROW of Carroll Lane(to include full North and South right -of -way of Brawner Parkway). 1.3 The topographic surveys will include ties to locations and inverts (or depth of cover for water lines) of all known existing water, wastewater and storm water lines within the survey limits. Coordinate with the City Gas Department for the City to provide locations and depths of gas lines within the survey limits. Coordinate with the Franchise utility owners (telephone, CATV, electric) for these owners to provide locations and depths (as required) of their lines. 1.4 The topographic surveys will include ties to all trees with canopies that overhang the easement or ROW and include type of tree, diameter of trunk and diameter of canopy. 2.0 ROW Survey (TBD) 2.1 Provide ROW survey and land acquisition easement parcel exhibits (permanent and temporary) in City format as required for the installation of the trunk main in locations where the trunk main infringes on the existing easement limits. Locations will be identified after topographic survey and preliminary design. 3.0 Permits 3.1 Provide coordination with the TDLR & TCEQ on the proposed construction and submit the applications for plan review and answer any questions or comments on the applications. Prepare and submit the post construction inspection request. (ALLOWANCE) 3.2 Utility Locations and wastewater line inspection (ALLOWANCE) a. Provide twelve (12) spot locations for elevations of possible conflicts with existing utilities (no more than 96 feet of depth in total). b. Provide waste water inspection on approximately 300 LF of various size lines. 4.0 Provide (PR) construction observation services for 20 hr /week for 90 weeks (ALLOWANCE). 5.0 Provide warranty phase inspections and report (AUTHORIZED). H: \USERS2 HOME\VELMAP\GEMSTREET\6489 KOSTORYZ■AGENDA 3 BACKGROUND 55— EXHIBIT "A" Page 6 of 11 Phase 2 Kostoryz Road from Sunnybrook to SPID: 1.0 Location : The project is located on Kostoryz Road between the north right -of -way limit of South Padre Island Drive (S.H. 358) intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and McArdle intersection. There is a school zone on Kostoryz Road between McArdle and S.P.I.D. The length of the project is approximately 2,300 linear feet. 2.0 Existing Conditions: 2.1 Pavement /Street: The existing pavement and street conditions have longitudinal and transverse cracking, block cracking, alligator cracking, potholes, large patching, raveling along curb and gutter, rolled and failed curb and gutter, and non -ADA compliant sidewalks. The Kostoryz and McArdle intersection is non -ADA compliant. 2.2 Utilities: According to available records, there are water, gas, storm water and wastewater lines intersecting and running parallel to the proposed street reconstruction. The water utilities include 12" C900 and 8" ACP of which the ACP lines will be replaced with C900 lines, along with necessary water valves and fire hydrants. The 12" C900 will remain in place and unchanged. The gas utilities consist of a 4" WS line to remain undisturbed. The wastewater utilities include 8" VCP, 10" VCP and 15" VCP of which the VCP lines will be replaced with PVC lines along with necessary manholes. The storm water utilities consist of 18" RCP and 42" RCP which will be designed in accordance with the City of Corpus Christi Storm Water Design Criteria. There exist third party (AEP) overhead electric lines primarily along the east side of the roadway and a major SBC underground cable. 3.0 Proposed Construction: 3.1 Removal and complete reconstruction of approximately 2,300 feet of four -lane arterial roadway, consisting of two travel lanes in each direction with a middle left turn lane in areas where there is adequate right -of -way. 3.2 Lane striping and pavement markings. 3.3 Removal and replacement of selected curb and gutter, remove sidewalk and replace with 5' sidewalks and construct new 5' sidewalks in locations where none exist, remove and replace concrete driveways and construct new concrete driveways in locations where none exist. 3.4 New construction of ADA curb ramps. 3.5 Replace existing with new RTA concrete pads with City and RTA concurrence. 3.6 Removal and replacement of signalized mast arms foundation, per city requirements. 3.7 Street signage and traffic control (during construction). 3.8 Upgrades to existing water infrastructure include removal of approximately 140 H:\ DSERS2 \HOME\VELMAP\GEN\STREET16489 KOSTORYZIAGENDA 3 BACKGA&& IEXHIBIT "A" I Page 7 of 11 feet of 8" ACP water lines and replacement with C900 PVC including all necessary valves, fire hydrants, fittings, special handling for ACP lines. 3.9 Upgrades to existing storm water infrastructure include removal and/or replacement of approximately 512 feet of 18" RCP, 40 feet of 36" RCP, 500 feet 42" RCP, 70 feet of 54" RCP, 620 feet of 60" RCP, and new installation of approximately 1,140 feet of 6' x 5' RCB, including all necessary curb inlets, manholes and grass Sodding per City design criteria. 3.10 Upgrades to existing sanitary sewer infrastructure include approximately 1,440 feet of 8" pipe, 1,135 feet of 12" pipe bursting, 1,145 feet of 15" pipe bursting, service connections, and manholes. Scope of Services 1.0 Basic Services — Engineer's Letter Report: (Preliminary) 1.1 An Engineer's Letter Report will be required and should include alternative design considerations to accomplish the following: • Constructability; • Existing utilities, conflicts, and recommendations; • Pedestrian Safety; • Construction sequencing and conflicts; • Drainage improvements; • Business and residential driveways and approaches; • Strip maps showing improvements with anticipated phasing; • Opinion of probable construction cost and constructional scheduling; and, • Identify owner responsible permit requirements with regulatory agency (See Exhibit A, 1.B.1.). 2.0 Final Design: 2.1 Provide excavation and trench safety requirements per City standards for the trunk main installation. (Note: Actual means and methods will be provided by the Construction Contractor). 2.2 Provide well - pointing and effluent disposal performance criteria per City criteria. (Note: Actual means and methods will be provided by the Construction Contractor) 2.3 Provide engineering and CADD services for the following preliminary drawing list: 1 Cover Sheet (1 sheet) 2 General Notes and Abbreviations (1 sheet) 3 Estimated Quantities (1 sheet) 4 Overall Layout and Project Control (1 sheet) 5 Construction Sequencing and Testing Schedule (1 sheet) 6 -11 Demolition Plans (6 sheets) 12 Existing Typical Sections (1 sheet) 13 Proposed Typical Sections (1 sheet) H1USERS2 \HOME\VELMAP \GEN\STREET\64B9 KOSTORYDAGENDA 3 BACKGROUND 5 EXHIBIT "A" Page 8 of 11 14 -19 Plan & Profile —* Street and Storm (6 Sheets) 20 -21 Culvert Bend and Junction Box Details (2 sheets) 22 Storm Drain Analysis (1 sheet) 23 Overall Drainage Area Map (1 sheet) 24 -25 Miscellaneous Details (2 sheets) 26 -30 City Standard Details (5 sheets) 31 -34 Curb Ramp Details (4 sheets) 35 -39 Curb Ramp Layouts (5 sheets) 40 -45 Plan & Profile Water and Wastewater (6 sheets) 46 -55 City Standard Details (10 sheets) 56 -60 Permanent Pavement Marking Plans (5 sheets) 61 -72 TxDOT Standard Drawings (12 sheets) 73 Construction Phasing Layout and General Notes (1 sheet) 74 -79 Traffic Control (6 Sheets) 80 SWPPP Notes (1 Sheet) 81 Curb Inlet Protection (1 Sheet) 82 -84 SWPP Plan Sheets (3 Sheets) 2.4 Provide specifications and contract documents in City format. 2.5 Bid Services. 2.6 Provide Construction Administration Services for 2 hours /week for 40 weeks. 2.7 Provide record drawings based on contractor provided red lines. 2.8 Recommend geotechnical scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). 2.9 Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in two (2) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. a. Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental Issues and archeological services to be determined and negotiated as an Additional Service if required). b. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. H :USERSMOMENELMAP\GEMSTREET\64B9 KOSTORYZWGENDA 3 BACKBR53 IEXHIBIT "A" I Page 9 of 11 ADDITIONAL SERVICES 1.0 Topographic Survey (AUTHORIZED) 1.1 Provide a topographic survey along the street and trunk main route along Kostoryz Rd. spanning from the 100 feet south of the South ROW line on Sunnybrook Lane to a point 100 south of the south ROW line of Horne Road that includes the area up to 50' on either side of the centerline of the existing street and 250 feet either side of existing intersections. 1.2 Provide a topographic survey for off-site drainage from 100 feet south ROW of Horne Road to north ROW Brawner Parkway, from the west ROW of Brawner Parkway to a point 100 feet east of the east ROW of Carroll Lane. 1.3 The topographic surveys will include ties to locations and inverts (or depth of cover for water lines) of all known existing water, wastewater and storm water lines within the survey limits. Coordinate with the City Gas Department for the City to provide locations and depths of gas lines within the survey limits. Coordinate with the Franchise utility owners (telephone, CATV, electric) for these owners to provide locations and depths (as required) of their lines. 1.4 The topographic surveys will include ties to all trees with canopies that overhang the easement or ROW and include type of tree, diameter of trunk and diameter of canopy. 2.0 ROW Survey (TBD) 2.1 Provide ROW survey and land acquisition easement parcel exhibits (permanent and temporary) in City format as required for the installation of the trunk main in locations where the trunk main infringes on the existing easement limits. Locations will be identified after topographic survey and preliminary design. 3.0 Permits 3.1 Provide coordination with the TDLR, TxDOT, & TCEQ on the proposed construction and submit the applications for plan review and answer any questions or comments on the applications. Prepare and submit the post construction inspection request (AUTHORIZE). 3.2 Utility Locations and waste water line inspection (ALLOWANCE) a. Provide five (5) spot locations for elevations of possible conflicts with existing utilities (no more than 60 feet of depth in total). b. Provide waste water inspection on approximately 200 LF of various size lines. 4.0 Provide construction observation services for 20 hr /week for 40 weeks (ALLOWANCE). 5.0 Provide warranty phase inspections and report (AUTHORIZED). H:\U5ERS2 HOME\VELMAP\GEN\STREET6489 KOSTORYZ\AGENDA 3 BACKGROUND 59— ° — EXHIBIT "A" Page 10 of 11 PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. IEXHIBIT "A" Page 11 of 11 H:\ USERS2 \HOMEWELMAP\GEMSTREET\64B9 KOSTORY2\AGENDA 3 BAGKGROHND PRIOR PROJECT ACTIONS SUBJECT: Kostoryz Road (BOND ISSUE 2008) Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to SPID (Project No. 6490) CIP No. Bond 2008 Streets PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). EXHIBIT "B" Page 1 of 1 H: \USERS2UIOME\VELMAPIGEMSTREE 86489 KOSTORYZAGENDA 4 PRIOR ACTIONS —61— CONTRACT SUMMARY SUBJECT: Kostoryz Road (BOND ISSUE 2008) Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to SPID (Project No. 6490) CIP No. Bond 2008 Streets 1. SCOPE OF PROJECT The project is located on Kostoryz Road and includes 2 phases as follows: Phase 1 is located on Kostoryz Road between the south right -of -way limit of Home Road intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left tum lane at the Kostoryz and Gollihar intersection. The length of the project is approximately 2,500 linear feet, with an off -site storm water element of approximately 3,500 linear feet that extends from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway, and down Brawner Parkway Ditch to Carroll Lane. Phase 2 is located on Kostoryz Road between the north right -of -way limit of S.P.I.D. (S.H. 358) intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left tum lane at the Kostoryz and McCardle intersection. The length of the project is approximately 2,300 linear feet. The total project includes the following: • Complete reconstruction of the existing roadway between the existing curb and gutter • Removal and replacement of curb and gutter • Removal and replacement of sidewalk and new construction in locations where there is no existing sidewalk • ADA curb ramps • Lane striping and pavement markings • Rehabilitation of existing sanitary sewers • Replace and /or adjust curb inlets to improve drainage • Supplemental underground storm drainage • Adjust affected valves and manholes to grade • Off -Site Drainage 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. H:\ USERS2 \HOME\VELMAP\GEN\STREET16689 KOSTORVZWGENDA 5 CONTRACT SU►V 2RV IEXHIBIT "C" I Page 1 of 4 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE Phase 1 including Brawner DAY DATE ACTIVITY Friday July 10, 2009 Begin Preliminary Phase Friday August 21,2009 Submit Engineer's Letter Report Monday August 24, 2009 Begin Design Phase Friday April 23, 2010 60% Submittal Friday May 7, 2010 City Review Friday July 23, 2010 Pre -Final Submittal Friday August 6, 2010 City Review Friday October 8, 2010 Final Submittal Monday (2) October 11 & 18, 2010 Advertise for Bids Wednesday October 20, 2010 Pre -Bid Conference Wednesday November 3, 2010 Receive Bids Monday December 6, 2010 Begin Construction Weekday August 2011 Construction Completion PROPOSED PROJECT SCHEDULE (Phase 2' DAY DATE ACTIVITY Friday May 1, 2009 Begin Preliminary Phase Friday June 5, 2009 Submit Engineer's Letter Report Monday June 15, 2009 Begin Design Phase Friday October 23, 2009 60% Submittal Friday November 6, 2009 City Review Friday January 15, 2010 Pre -Final Submittal Friday January 29, 2010 City Review Friday February 19, 2010 Final Submittal Monday (2) Feb. 22 & March 1, 2010 Advertise for Bids Wednesday March 3, 2010 Pre -Bid Conference Wednesday March 17, 2010 Receive Bids Monday April 26, 2010 Begin Construction Weekday December2010 Construction Completion H: \USERS2 HOME\VELMAP\GEN\STREET\6989 KOSTORVZ■AGENDA 5 CONTRACT SUMMARP 63— EXHIBIT "C" Page 2 of 4 4. SUMMARY OF FEES I Street Storm Water I Water Wastewater Total Phase 1 Kostoryz Road from Horne to Sunnybrook (Including Off-Site Drainage) Basic Services 1 Preliminary Phase $27,244.00 $44,298.00 $954.00 $7,504.00 $80,000.00 2 Design Phase 187,303.00 304,547.00 6,560.00 51,590.00 550,000.00 3 Bid Phase 2,043.00 3,322.00 72.00 563.00 6,000.00 4 Construction Phase 6,130.00 9,967.00 215.00 1,688.00 18,000.00 Subtotal Basic Services 222,720.00 362,134.00 7,801.00 61,345.00 654,000.00 Additional Services 1 Pemit Preparation TXDOT 0.00 0.00 0.00 0.00 0.00 TCEQ (allowance) 477.00 775.00 17.00 131.00 1,400.00 TDLR (allowance) 2,111.00 3,433.00 74.00 582.00 6,200.00 subtotal Permit Preparation 2,588.00 4,208.00 91.00 713.00 7,600.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey (authorized) 40,866.00 66,447.00 1,431.00 11,256.00 120,000.00 4 Utility Locations and Wastewater Line Inspect (allowance) 17,028.00 27,686.00 596.00 4,690.00 50,000.00 5 Construction Observation Services (allowance) 52,104.00 84,719.00 1,825.00 14,352.00 153,000.00 6 Public Meeting (authorized) 1,822.00 2,962.00 64.00 502.00 5,350.00 7 Warranty Phase (authorized) 1,941.00 3,156.00 68.00 535.00 5,700.00 Subtotal Additional Services 116,349.00 189,178.00 4,075.00 32,048.00 341,650.00 Total Phase 1 339,069.00 551,312.00 11,876.00 93,393.00 995,650.00 Street Storm Water Water Wastewater Total Phase 2 Kostoryz Road from Sunnybrook to SPID Basic Services 1 Preliminary Phase 21,518.00 8,608.00 356.00 9,518.00 40,000.0( 2 Design Phase 102,208.00 40,888.00 1,690.00 45,214.00 190,000.0( 3 Bid Phase 807.00 323.00 13.00 357.00 1,500.0( 4 Construction Phase 7,800.00 3,120.00 129.00 3,451.00 14,500.0( Subtotal Basic Services 132,333.00 52,939.00 2,188.00 58,540.00 246,000.0( Additional Services 1 Pemit Preparation TXDOT (authorized) 2,152.00 861.00 36.00 951.00 4,000.01 TCEQ (allowance) 753.00 301.00 12.00 334.00 1,400.01 6,200.01 TDLR (allowance) 3,335.00 1,334.00 55.00 1,476.00 subtotal Permit Preparation 6,240.00 2,496.00 103.00 2,761.00 11,600.01 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.01 3 Topographic Survey (authorized) 32,276.00 12,912.00 534.00 14,278.00 5,950.00 60,000.01 25,000.01 4 Utility Locations and Wastewater Line Inspect (allowance) 13,448.00 5,380.00 222.00 5 Construction Observation Services (allowance) 36,580.00 14,634.00 605.00 16,181.00 68,000.01 6 Public Meeting (authorized) 1,506.00 603.00 25.00 666.00 2,800.0 7 Warranty Phase (authorized) 3,120.00 1,248.00 52.00 1,380.00 5,800.0 Subtotal Additional Services 93,170.00 37,273.00 1,541.00 41,216.00 173,200.0 Total Phase 2 225,503.00 90,212.00 3,729.00 99,756.00 419,200.0 H:\ USERS2 \HOME\VELMAP\GEN\STREETW489 KOSTORYZWGENDA 5 CONTRACT 5014647- IEXHIBIT "C" I Page 3 of 4 Total Phase 1 and Phase 2 Basic Services 1 Preliminary Phase 48,762.00 52,906.00 1,310.00 17,022.00 120,000.00 2 Design Phase 289,511 00 345,435.00 8,250.00 96,804.00 740,000.00 3 Bid Phase 2,850.00 3,645.00 85.00 920.00 7,500.00 4 Construction Phase 13,930.00 13,087.00 344.00 5,139.00 32,500.00 Subtotal Basic Services 355,053.00 415,073.00 9,989.00 119,885.00 900,000.00 Additional Services 1 Pemit Preparation TXDOT 2,152.00 861.00 36.00 951.00 4,000.00 TCEQ 1,230.00 1,076.00 29.00 465.00 2,800.00 TDLR 5,446.00 4,767.00 129.00 2,058.00 12,400.00 subtotal Permit Preparation 8,828.00 6,704.00 194.00 3,474.00 19,200.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey (authorized) 73,142.00 79,359.00 1,965.00 25,534.00 180,000.00 4 Utility Locations and Wastewater Line Inspect (allowance) 30,476.00 33,066.00 818.00 10,640.00 75,000.00 5 Construction Observation Services (allowance) 88,684.00 99,353.00 2,430.00 30,533.00 221,000.00 6 Public Meeting (authorized) 3,328.00 3,565.00 89.00 1,168.00 8,150.00 7 Warranty Phase (authorized) 5,061.00 4,404.00 120.00 1,915.00 11,500.00 Subtotal Additional Services 209,519.00 226,451.00 5,616.00 73,264.00 514,850.00 Total Phase 1 and Phase 2 $564,572.00 $641,524.00 $15,605.00 $193,149.00 $1,414,850.00 The estimated cost of construction for Kostoryz Road, Phase 1 from Horne to Sunnybrook, with Off -Site Drainage, and Kostoryz Road, Phase 2 from Sunnybrook to S.P.I.D. is $13,129,000. The Basic Services fee for the project is $900,000. Therefore, the percentage of Basic Engineering Services cost to construction cost is 6.86 %. H: USERS2IHOME \VELMAP \GENSTREET\6469 KOSTORYZWGENDA 5 CONTRACT SUMMAIN 65- EXHIBIT "C" Page 4 of 4 \ Mproject \ co until exhibits \ exh 6469. dwg (r/rCIL‹)<0\<(/ N W7C/U 6/7h/P/7/),Ohn, LOCATION MAP NOT TO SCALE PROJECT 116489 Kostoryz Road, Phase 1 from Horne to Sunnybrook BOND ISSUE 2008 EXHIBIT 'D' CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 4/03/2008 -66- \ Mproject\ councilexhibits \exh6490. dwg 0 LOCATION MAP NOT TO SCALE /7/7/)‘) A EXHIBIT 'D' Kostoryz Road, Phase 2 from Sunnybrook to SPID BOND ISSUE 2008 07 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 4/03/2008 OW MI= AGENDA MEMORANDUM City Council Action Date: April 21, 2009 SUBJECT: Up River Road — Rand Morgan to I.H. 37 (inside City limits only) Project No. 6496 / CIP No. Bond Issue ST 22 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, Inc. of Corpus Christi, Texas, in the amount of $599,563 for Up River Road — Rand Morgan to I.H. 37 (inside City limits only) for design, bid, and construction phase services. (Bond 2008) ISSUE: This section of Up River Road is currently a rural unimproved two -lane roadway. Improvements will consist of the reconstruction and widening of the existing roadway to a collector (C -2) two -lane roadway with an intermittent left turn lane, including a wide shoulder and driveways. Associated improvements such as pavement markings, traffic signage /traffic control, street lighting and right -of -way acquisition will be made as required. FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H: IHOMEUtatelle \GENIStreelsl6E96 -Up River RoacMgentla Memo Eoc —71— AGENDA BACKGROUND INFORMATION SUBJECT: Up River Road — Rand Morgan to I.H. 37 (inside City limits only) Project No. 6496 / CIP No. Bond Issue ST 22 PROJECT DESCRIPTION: This section of Up River Road is currently a rural unimproved two -lane roadway. Improvements will consist of the reconstruction and widening of the existing roadway to a collector (C -2) two -lane roadway with an intermittent left turn lane, including a wide shoulder and driveways. Associated improvements such as pavement markings, traffic signage /traffic control, street lighting and right -of -way acquisition will be made as required. CONTRACT DESCRIPTION: The consultant, Maverick Engineering, Inc., will perform the following tasks: Basic Services 1) Project limits include Up River Road from Rand Morgan Road to I.H. 37 (city portions only) involving existing right -of -way plus acquired parcels of lots to facilitate the street improvements. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the engineering letter of report and construction drawings. 3) Contact Texas one -call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the engineering letter of report (pre -final and final submissions) including data collected, preliminary drainage calculations, roadway alignments, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final engineering letter of report. Obtain approval to proceed to Design Phase. EXHIBIT "A" Page 1 of 5 H:IHGME RechelleIGENISIreels16496 -U0 River Road\ Agenda Background lcc —72— 8) Participate with staff at one (1) public meeting. Prepare exhibits as required to illustrate scope of proposed improvements. 9) Prepare hydraulic analysis based on 25 & 50 -year design storm return frequency runoff coefficients, time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. Hydraulic Gradient and associated data will be reflected in the construction drawings. 10) Develop construction drawings in English units in 22" x 34" sheets, to include the following (Approximately 200 sheets total). 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds. 13) Provide Quality Assurance /Quality Control (QA/QC) interim review and prepare submittal for City's review depicting final complete development of the construction drawing and specifications. 14) Address comments received from the City for the final Submittal. 15) Provide Quality Assurance /Quality Control ( QA/QC) final review and submit one (1) hard copy and one (1) electronic copy of the final contract drawings and specifications to the City for bidding process. 16) Update the Opinion of Probable Costs. 17) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 18) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5th of each month. 20) NE will coordinate with City and AEP for lighting conduit locations. A spare conduit for City MIS will be included. Additional Services PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. H:g1OME %Rochelle \GEMStreets16496 -Up River RoatlUgencia Background doe —73— EXHIBIT "A" Page 2 of 5 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. 3) Coordinate with school district(s). RIGHT -OF -WAY ACQUISITION SURVEY (TBD) 1) Establish limits of work area and obtain reference drawings. 2) Research City rights -of -way (ROW), easements and property boundaries. 3) Research adjacent properties. 4) Prepare working sketch for right -of -way (ROW) acquisition. 5) Locate and tie -in tract boundaries. 6) Calculate boundaries for right -of -way (ROW) acquisition. 7) Perform CAD design /drafting for final survey plats. 8) Provide Quality Assurance /Quality Control (QA/QC) final review for survey plats. 9) Write legal descriptions for right -of -way (ROW) acquisition. 10) Stake boundaries for right -of -way (ROW) to be acquired. 11) Provide ROW exhibit(s). TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Cross - section existing drainage ditches at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. EXHIBIT "A" Page 3 of 5 HIHOME 1Rachelle\GENISIree1s16496 -Up River ReadWgenda Background.doc —74— 9) Locate and tie -in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. 11) Set centerline control points for construction. ENVIRONMENTAL ISSUES (TBD) 1) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with MEI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing lab. WARRANTY PHASE 1) Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvement under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. HYDRO - EXCAVATION (TBD) 1) Upon receiving authorization from the City to proceed, conduct at the locations as determined necessary during the preliminary design phase of the project. The hydro- excavation process will conform to subsurface utility engineering in accordance with ASCE Standard C -I, 38 -02, and shall be in accordance with Section 1.e of Basic Services in Exhibit "A ". PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital H: HOMEIRechellelGEMStreeta18496 -Up River RoacMgencle Background doc -.75- EXHIBIT "A" Page 4 of 5 improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 5 of 5 H: IHOMEIRachelle %GEN \Streelsl6496.Up River RoatlWgenda Beckground.doe —76— PRIOR PROJECT ACTIONS SUBJECT: Up River Road — Rand Morgan to I.H. 37 (inside City limits only) — Bond Issue 2008 Project No. 6496 / CIP No. Bond Issue ST 22 PRIOR COUNCIL ACTION: 1. November 13. 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). M:I HOME \Rectielle \GEMStreets\6496.Up River Road1Prior Actions.dac —77— CONTRACT SUMMARY SUBJECT: Up River Road — Rand Morgan to I.H. 37 (inside City limits only) Project No. 6496 / CIP No. Bond Issue ST 22 This section of Up River Road is currently a rural unimproved two -lane roadway. Improvements will consist of the reconstruction and widening of the existing roadway to a collector (C -2) two -lane roadway with an intermittent left turn lane, including a wide shoulder and driveways. Associated improvements such as pavement markings, traffic signage /traffic control, street lighting and right -of -way acquisition will be made as required. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Wednesday April 22, 2009 Begin Engineering Letter Report Phase Friday July 17, 2009 Engineering Letter Report Draft Submission (30% Design) Friday July 31, 2009 City Review Friday August 7, 2009 Engineering Letter Report Final Submission Wednesday October 14, 2009 60 % Design Submission Wednesday October 28, 2009 City Review Wednesday December 9, 2009 Pre -Final Design Submission Wednesday December 23, 2009 City Review Wednesday January 6, 2010 Final Design Submission Wednesday January 13, 2010 Advertise for Bids Wednesday January 27, 2010 Pre -Bid Conference Wednesday February 3, 2010 Receive Bids Weekday March 2010 Begin Construction Weekday May 2011 Construction Completion HIHOMEIRechelle \GEMStreets16496-Up River RootContract Summery doc —78— 4. FEES Up River Road — Rand Morgan to I.H. 37 (Project No. 6496) The estimated cost of construction for Up River Road — Rand Morgan to I.H. 37 is $3,325,000. The basic services fee for the project is $293,957. Therefore, the percentage of basic engineering services cost to construction cost is 8.8 %. H: WOMEIRarhelle \GEMSbooIs16496 -Up Rivar RoaNContract Sammary.tloc —79— ORIGINAL CONTRACT TOTAL BASIC SERVICES 1 Preliminary Phase $37,196.00 $37,196.00 2 Design Phase 216,983.00 216,983.00 3 Bid Phase 14,269.00 14,269.00 4 Construction Phase 25,509.00 25,509.00 Subtotal Basic Services 293,957.00 293,957.00 ADDITIONAL SERVICES 1 Permit Preparation TXDOT 774.00 NPDES Permit/Amendments 1,475.00 Texas Department of Licensing & Regulation 1,605.00 Texas Commission on Environmental Quality 280.00 Texas General Land Office 124.00 Texas Historical Commission 124.00 Railroad Commission 5,618.00 Total Permitting 10,000.00 10,000.00 2 ROW Acquisition Survey 77,018.00 77,018.00 3 Topographic Survey 88,796.00 88,796.00 4 Environmental Issues TBD 0.00 5 Construction Observation Services 95,000.00 95,000.00 6 Warranty Phase 2,792,00 2,792.00 7 Hydro- Excavation (Allowance) 32,000.00 32,000.00 Subtotal Additional Services 305,606.00 305,606.00 TOTAL AUTHORIZED FEE $599,563.00 $599,563.00 The estimated cost of construction for Up River Road — Rand Morgan to I.H. 37 is $3,325,000. The basic services fee for the project is $293,957. Therefore, the percentage of basic engineering services cost to construction cost is 8.8 %. H: WOMEIRarhelle \GEMSbooIs16496 -Up Rivar RoaNContract Sammary.tloc —79— \Mproject\ counell exhibits \exh6496. d wg L MEM LOCATION MAP NOT 70 SCALE PROJECT 0496 EXHIBIT 'D' Up River Road - Rand Morgan to I.H. 37 (inside City limits only BOND ISSUE 2008 -80- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/03/2008 8 AGENDA MEMORANDUM City Council Action Date: April 21, 2009 SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements Project No. 8600 / CIP No. WA 04 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Bath Engineering Corporation of Corpus Christi, Texas, in the amount of $398,600 for a revised fee of $445,600 for O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. ISSUE: Bath Engineering Corporation (BEC) was initially contracted by the City in 2008 to provide professional engineering services for this project, which included a broad overview of existing conditions and research and review of existing documentation. Amendment No. 1 proposes to implement some of these recommendations, including providing the necessary engineering design and support services (bidding and construction support) for the installation of new sensors and analyzers for turbidity, pH, and chlorine residual. Included in this scope of work is the re- design of the existing communications network system to accommodate these improvements and future project improvements. In addition, the consultant will develop with City staff a Management of Change process for mission - critical information documentation of the monitoring and control systems at the O.N. Stevens Water Treatment Plant and assist the City in developing critical equipment standards for the plant. FUNDING: Funding is available through the Water Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "13" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services H:WOME '.Rochelle \GEMWaIe\ONSWTP\6600 - Process Monitoring InstrumentatlonVVnd No. 1 Vtgencle Memo. clot —83— AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements Project No. 8600 / CIP No. WA 04 PROJECT BACKGROUND: Currently the instrument monitoring and analyzing for TCEQ requirements (chlorine residual, pH and turbidity) are located in the Chemical Building basement of the O.N. Stevens Water Treatment Plant (ONSWTP). There are long sample lines (up to 1,000 feet) before the water is actually analyzed. These long sample lines create a severe delay in response time, which leads to poor monitoring of each of the process variables and inaccurate readings of water quality. Accurate, real -time analysis of the water will be accomplished and documented with new instrument analyzers in the field located at the sample points and connected to a central control room with the improved network system. Currently the ONSWTP does not have a system in place to control and document changes to critical drawings and instrument data. Developing a Management of Change process with City staff will accomplish this. Also, the ONSWTP has not established critical equipment standards with spare parts list so that standardization and immediate repair can take place. Developing these standards will accomplish this. AMENDMENT NO. 1 DESCRIPTION: Amendment No. 1 proposes to provide the necessary engineering design and support services (bidding and construction support) for the installation of new turbidity sensors and analyzers, pH sensors and analyzers, and chlorine residual sensors and analyzers. Existing analyzers in the basement of the Chemical Building will be demolished and new sensors and analyzers will be installed at the point of sample as required by the TCEQ. Included in this scope of work is the re- design of the existing communications network system to accommodate these improvements and future project improvements. To accomplish this it will be necessary to field verify and document the network down to the device level. Bath Engineering Corporation's services for this project will include all necessary field investigation, site surveying, cost estimating, and necessary meetings with City personnel for City input. They will also coordinate this project with other ongoing projects at the O.N. Stevens Water Treatment Plant. The estimated construction cost for the installation of the sensors, analyzers and network improvements is $3.6 million. Two additional services being provided will be to: ➢ Facilitate and help develop with City staff a Management of Change (MOC) process for mission - critical information documentation of the monitoring and control systems at the ONSWTP; and ➢ Assist the City in developing critical equipment standards for the ONSWTP. H: HOME1RachelIe1GEN \Water\ONSWrP18600.Process Monitoring InstrumentationWnd. No. 1lagenda Background.doc —84— EXHIBIT "A" Page 1 of 3 Amendment No. 1 to the contract with Bath Engineering Corporation will consist of the following specific tasks: A. BASIC SERVICES 1. Preliminary Phase (completed under Small NE contract) 2. Engineering & Design Phase A. Process Instrument Design: Located within the basement of the Chemical Building are fourteen (14) turbidity sensors and corresponding indicating analyzers, eight (8) ph sensors and corresponding indicating analyzers / transmitters, eight (8) residual chlorine sensors and corresponding indicating analyzers, four (4) pressure switches, and three (3) differential pressure transmitters. All of these instruments have long sample lines that are remote from the actual process that is being monitored. These long sample lines create a severe latency and response time in the system that leads to poor monitoring of each of the process variables. B. Network Communication Design: The City of Corpus Christi ONSWTP currently utilizes various components that together make up a communications network that provides the backbone for distributing data and critical control information throughout the facility. This communications network has been compromised in several areas due to uncontrolled and undocumented changes to the network infrastructure, system installation without a master plan and lack of redundancy. Without a reliable control communication system, network critical data and process information can be lost, routed to the wrong control sequence, or communicate too slowly to maintain consistent and efficient process control or monitoring. 3. Bid Phase • Attend the pre -bid conference and assist City in defining, clarifying, and responding to bidder questions with respect to project design, specifications, materials, and methods. • Prepare addenda necessary to inform contractors of modifications and clarifications prior to bid date. The City's Engineering Services will distribute any addenda. • Attend the bid opening, tabulate bids according to the City Engineering Services preferred standard format, and make recommendations concerning award. 4. Construction Phase • Attend and participate at the pre- construction conference, which will be chaired by Engineering Services. • Provide contractor - prepared redlined marked -up set of construction documents. • Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. • Conduct a "final inspection" with City and Contractor, and make a recommendation concerning final acceptance. B. ADDITIONAL SERVICES 1. Management of Change (MOC) Process Development - The City of Corpus Christi's H: WOME1RachalIe \GEN \Water\ONSWTP1B600- Process Monitoring Instrumenlationwntl. No. 1l4genda Background doe —85— EXHIBIT "A" Page 2 of 3 ONSWTP does not have any means of controlling the version and revision control of its mission and site - critical facility documentation. This proves to be very costly to the City as engineering projects are implemented and each individual engineering firm must include the cost to update documents and drawings that pertain only to the scope of their specific work. When this method is applied to documents that are critical to the reliable operation of the control system, other problems are encountered. These problems relate directly to the efficient and reliable operations of the facility. It is paramount that these mission - critical documents and drawings be identified and placed under some form of document control. This document - control system and set of procedures allows for the proper version and revision control. It moves the modifications of these drawings and records from being project - specific to reflecting the actual installed version of the documents where they become living as -built record documents. 2. Equipment Standards Development - Bath Engineering has included time in this project for four (4) meetings with the ONSWTP- designated team for development of a set of mission - critical equipment standards. The City of Corpus Christi ONSWTP personnel will be responsible for the management and scheduling of this activity. 3. GPS Site Survey - Provide a site survey that accurately locates all above -grade obstructions and structures and can be used to develop an accurate site plan. 4. Fiber Optic Cable Verification - Provide the labor and equipment to electronically light all the existing fiber optic cable to confirm continuity and light losses. 5. Construction Observation Services - Provide a minimum of ten (10) field observation trips with a written report on progress during the project construction. 6. Process Sub - Consultant - Provide a water process engineer to assist in the MOC process, the equipment standards development and the selection and exact locations of instruments for the O.N. Stevens Process Monitoring design. EXHIBIT "A" Page 3 of 3 H] HGM BRechelle %GENWater\GN5WfP16600- Process Monitoring InstrumentationWnd. No. 11Agenda Background doe —86— PRIOR PROJECT ACTIONS SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements Project No. 86001 CIP No. WA 04 PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. June 3, 2008 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Bath Engineering Group in the amount of $47,000 for the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. H: WOME \Rachelle1GEMWateAONSWtP18600- process Monitoring InstrumentationVa2..T Prior Actionsdoc CONTRACT SUMMARY SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements Project No. 8600 / CIP No. WA 04 — AMENDMENT NO. 1 Amendment No. 1 proposes to provide the necessary engineering design and support services (bidding and construction support) for the installation of new turbidity sensors and analyzers, pH sensors and analyzers, and chlorine residual sensors and analyzers. Existing analyzers in the basement of the Chemical Building will be demolished and new sensors and analyzers will be installed at the point of sample and as required by the TCEQ. Also included is the re- design of the existing communications network system to accommodate these improvements and future project improvements. The consultant will also develop with City staff a Management of Change (MOC) process for mission - critical information documentation of the monitoring and control systems at the ONSWTP; and assist the City in developing critical equipment standards for the ONSWTP. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Tuesday May 5, 2009 Notice to Proceed Thursday June 4, 2009 Management of Change Complete Friday June 12, 2009 ONSWTP Equipment Standards Monday June 15, 2009 Communication Network As- Builts Complete Tuesday August 4, 2009 Communication Network Upgrade Design Monday January 11, 2010 Process Improvements Final Design Complete Monday (2) January 18 & 25, 2010 Advertise for Bids Wednesday January 27, 2010 Pre -Bid Conference Wednesday February 10, 2010 Receive Bids Wednesday March 3, 2010 Begin Construction Wednesday February 9, 2011 Construction Completion H: WOMEIRacheIIe1GEMWater \ONSWTP18600- Process Monitoring Inslrvmentatiorgd_No. 11Contract Summenploc 4. FEES The estimated cost of construction for O.N. Stevens Process Monitoring Instrumentation and Automation Improvements is $3,600,000. The basic services fee proposal for this project is $334,425. Therefore, the percentage of basic engineering services cost to construction cost is 9.3 %. 1-1: I1-1OMEViachelIe1GEMWater \ONSWrp186o0.Process Monitoring InstrumentalionWntl N .11Contract Summary.doc ORIGINAL CONTRACT AMD. NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $47,000.00 $0.00 $47,000.00 2 Design Phase 0.00 255,125.00 255,125.00 3 Bid Phase 0.00 3,780.00 3,780.00 4 Construction Phase 0.00 28,520.00 28,520.00 Subtotal Basic Services 47,000.00 287,425.00 334,425.00 ADDITIONAL SERVICES 1 Management of Change Development 0.00 31,775.00 31,775.00 2 Equipment Standards Development 0.00 21,000.00 21,000.00 3 GPS Site Survey 0.00 6,000.00 6,000.00 4 Fiber Optic Cable Verification 0.00 12,000.00 12,000.00 5 Construction Observation Services 0.00 20,400.00 20,400.00 6 Process Sub - Consultant 0.00 20,000.00 20,000.00 Subtotal Additional Services 0.00 111,175.00 111,175.00 TOTAL AUTHORIZED FEE $47,000.00 $398,600.00 $445,600.00 The estimated cost of construction for O.N. Stevens Process Monitoring Instrumentation and Automation Improvements is $3,600,000. The basic services fee proposal for this project is $334,425. Therefore, the percentage of basic engineering services cost to construction cost is 9.3 %. 1-1: I1-1OMEViachelIe1GEMWater \ONSWrp186o0.Process Monitoring InstrumentalionWntl N .11Contract Summary.doc File : \ Mproject \councilexhibits \exh8600.dwg O.N. Stevens Process Monitoring Instrumentation and Automation Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/06/2009 =Mr IBM MS =III 111M, IMO 9U AGENDA MEMORANDUM DATE: April 21, 2009 SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) CIP NO. WW 01 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $147,620 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility for the design, bid, construction, and additional phase services. ISSUE: The proposed project provides for the design and construction for rehabilitation /replacement of the mechanical bar screen facility (for removing non- degradable objects) at the Allison Wastewater Treatment Plant. The existing facility was constructed in 1965 and equipment was last replaced in 1984. The structure and equipment are beyond their service life and this facility is critical to the operations and safety of plant operators. The design will also consider future plant upgrades as part of a lifecycle strategy to extend the major systems and service life. FUNDING: Funding is available from the FY2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. `-47 Foster Crowell, Pete Anaya, E., Director of Wastewater Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H:U SERSMOMEW ELMAP\GEN \WASTEWATER\74171AGENDA 2 MEMO —93— AGENDA BACKGROUND SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) CIP NO. WW 01 PROJECT DESCRIPTION: The proposed project consists of site work and demolition, excavation and backfilling, dewatering, concrete structures, concrete protective coating, mechanical bar screen equipment, isolation gates, electrical, yard piping, concrete pavement, chain link fencing and miscellaneous items of work required to complete the project in accordance with plans, specifications and contract documents. The contract provides for Basic Services and Additional Services to complete the project including: Basic Services • Preliminary Phase — provide a brief study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a Letter Engineering Report which includes Preliminary design, drawings, and written description of the project. • Design Phase — preparation of construction bid and contract documents for one (1) project, including contracts agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project, description of materials to be utilized, and such other essentials as may be necessary for construction and cost analysis. • Bid Phase — participate in the pre -bid conference; assist the City in solicitation of bids by identification of prospective bidders; attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. • Construction Phase — participate in pre- construction meeting conference; review for conformance to contract documents, shop and working drawings, materials and other submittals; review field and laboratory tests; make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work; prepare change orders as authorized by the City (coordinate with the City's construction division); make final inspection with City staff; review and assure compliance with plans and EXHIBIT "A" Page 1 of 2 H: \USERS2\ NOMEW ELMAP\GEN1WASTEWATER \7417\AGENDA 3 BACKGROUND —94— specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. Additional Services • Topographic Survey - provide field surveys, as required for design including the necessary control points, coordinates and elevations of points as required for the aerial mapping of the Project area. Establish base survey controls for line and elevation staking, not detailed setting of lines and grades for specific structures or facilities. All work will be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Work includes reference to a minimum of two (2) found boundary monuments from the project area. • Environmental Issues — identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. • Construction Observation Services - provide a project representative (PR) to assist in observing progress and quality of work. Through observations of Contractor's work in progress and field checks of materials and equipment, the PR shall endeavor to provide further protection for the City against defects and deficiencies in the work. PR shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's work nor shall PR have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor. • Start-up Services — provide on -site services and verification for all start-up procedures during actual start of up of major Project components, systems, and related appurtenances if needed and required. • Warranty Phase - Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. A Contract Summary is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of a construction contract to complete the proposed project as required. H:\USERS2W OME\VELMAPIGEN \WASTEWATER \74171AGENDA 3 BACKGROUND —95— EXHIBIT "A" Page 2of2 PRIOR PROJECT ACTIONS SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) CIP NO. WW 01 PRIOR COUNCIL ACTION: 1. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006) EXHIBIT "B" Page 1 of 1 H: \USER52\ HOME\ VELMAP \GEN \WASTEWATERV4ITAGENDA 4 PRIOR PROJECT ACTIONS —96— CONTRACT SUMMARY SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) CIP NO. WW 01 1. SCOPE OF PROJECT. This project provides for the design and construction for rehab /replacement of the bar screen (for removing non - degradable objects) at the Allison Plant. Existing equipment is beyond its service life and is critical to the operations and safety of plant operators. The design will also consider future plant upgrades as part of a lifecycle strategy to extend the major systems and service life. 2. SCOPE OF SERVICES. The A/E agrees to begin work on authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated Project Schedule of the Preliminary Phase, Design Phase, Bid Phase, and Construction Phase is shown below. This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if the tasks requested require additional fee. 3. PROJECT SCHEDULE. PROPOSED PROJECT SCHEDULE Day Date Activity Tuesday May 5, 2009 Begin Design Monday August 10, 2009 60% Submittal Thursday September 3, 2009 City Review Monday October 26, 2009 95% Submittal Thursday November 19, 2009 City Review Monday December 14, 2009 100% Submittal Thursday January 7, 2010 City Review Thursday January 21, 2010 Final Submittal Monday February 1, 2010 Advertise for Bids Thursday February 18, 2010 Pre -Bid Conference Wednesday March 3, 2010 Receive Bids Tuesday March 30, 2010 Contract Award Tuesday April 27, 2010 Begin Construction Saturday February 26, 2011 Complete Construction H:\USERS2\ HOME\ VELMAP \GEN \WASTEWATERV417\AGENDA 5 CONTRACT SUMMARr 97— EXHIBIT "C" Page 1 of 2 4. FEES. A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all Basic Services authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services, and for all expenses incurred in performing these services. For services provided, A/E will submit monthly statements for Basic Services rendered. In the Preliminary Design Phase, Design Phase, and the Bid Phase, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in the Construction Phase, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Additional Services, the City will pay the NE a not -to- exceed fee as per the table below: C. Summary of Fees. Fee for Basic Services 1. Preliminary Phase $13,300 2. Design Phase 49,800 3. Bid Phase 4,400 4. Construction Phase 14,190 Subtotal Basic Services Fees 81,690 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting 0 2. ROW Acquisition Survey (AUTHORIZED) 0 3. Topographic Survey /Field Work (AUTHORIZED) 26,700 4. Environmental Issues 2,500 5. Construction Observation Services 32,250 6. Start-up Services 2,400 7. Warranty Phase 2,080 Sub -Total Additional Services Fees Authorized 65,930 Total Authorized Fee $147,620 H: USERS2 \HOME\VELMAP\GEN \WASTEWATER \7417WGENDA 5 CONTRACT suMMAFIV EXHIBIT "C" Page 2 of 2 \Mproject\councilexhibits\exh7417.dwg N PROJECT SITE Allison WWTP PROJECT # 7417 HWY 44 LOCATION MAP NOT TO SCALE EXHIBIT "D' ALLISON WASTEWATER TREATMENT PLANT NEW MECHANICAL BAR SCREEN FACILITY (PROJECT NO. 7417) 99 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/03/2009 i;11111;ii NIS BIM IOW MEM 10 AGENDA MEMORANDUM DATE: April 21, 2009 SUBJECT: North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators (Project No. 8608) CIP No. WA 19 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Rabalais I & E Constructors from Corpus Christi, Texas in the amount of $114,600 for North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators for the Base Bid. ISSUE: The proposed project resolves issues with water quality in the ground storage tanks at the North Navigation Boulevard Pump Station. Present operation of this pump station requires an operator to visit the site to isolate and activate the existing storage tanks. A motor operated valve will be added to each of the isolation valves on the suction side of the storage tanks and computer programming will be added to provide automation to the filling and draining of the tanks. These modifications will also allow the operators at the O. N. Stevens Water Treatment Plant greater flexibility in the operation and control of this pump station. FUNDING: Funding is available from the FY 2009 Water Capital Improvement Planning (CIP) Guide. R OMMEND ION: Staff recommends approval of the Motion as presented. GusGust v• Gonzale • or of Water Dire epartment Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P. E., Director of Engineering Services H:\ USERS2 \HOME\VELMAP\GEMWATER\8608 NAVIGATION PUMP STATION \CONSTRUCTIOMAGENDA MEMO —103— BACKGROUND INFORMATION SUBJECT: North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators (Project No. 8608) CIP No. WA 19 CONSTRUCTION CONTRACT DESCRIPTION: This contract consists of the installation of two motor operated valve (MOV) actuators, associated electrical, SCADA programming and miscellaneous items of work required to complete the project in accordance with plans, specifications and contract documents. BID INFORMATION: Bids were received on March 11, 2009 with one (1) bidder submitting a proposal. Rabalais I & E Constructors of Corpus Christi, Texas submitted the low and only bid in the amount of $114,600. The City consultant, Urban Engineering, and City staff recommend that the Base Bid in the amount of $114,600 be awarded to Rabalais I & E Constructors. CONTRACT TERMS: The contract provides for the work to be complete within 150 calendar days of notice to proceed. CURRENT PRACTICE: The Operators from the O.N. Stevens Water Treatment Plant monitor the tank levels, pressure and pumps online through the SCADA system at the plant. The operators have the ability to start and stop pumps as needed through the SCADA system to maintain pressures. The tanks are operated in a manner to maintain maximum water quality by cycling the levels of water in the tanks. One tank is being filled while one tank is being pumped from, down to the allowable low level. When it is time to alternate the tanks, an operator from the O. N. Stevens Water Treatment Plant must drive to the Navigation Pump Station and manually open and close the influent and effluent valves on both tanks. This practice takes at a minimum one (1) hour and is typically done at least once per shift, or twice daily. The valves are large diameter valves that can be difficult to open. This creates a hazard for potential back injuries. In addition, the operator has to make a "best guess" on the position of the valve. If it is open too much or too little, the operator will have to make another trip to adjust the valves. SOLUTION: This project will allow the operators to see the valve positions and adjust the valves as needed from the control room at the O.N. Stevens Water Treatment Plant through the SCADA system. The advantage of this improvement is that the operators can make adjustments to the valve without driving to the pump station. This significantly reduces the amount of time the operator is away from the plant, during which he cannot see how the plant is performing or the health of the distribution system. In addition, the improvements will increase safety. Operators will not have to manually open and close valves, risking potential back injuries. Nor will they be required to visit a remote site, the pump station, unaccompanied during the night. Last, the increased control will allow us to optimize the cycling of the tanks, which in turn will reduce water age and increase water quality. H:\ USERSS2M1OME \VELMAP\GENIWATER18608 NAVIGATION PUMP STATIMtOII 4CTIOMAGENDA BACKGROUND EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators (Project No. 8608) CIP No. WA 19 PRIOR COUNCIL ACTION: 1. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. July 23. 2008, — Executed Small Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $26,230 for the North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators. EXHIBIT "B" Page 1 of 1 H:\ USERS2V -OME\VELMAP\GEMWATER\8606 NAVIGATION PUMP STATIOMCONSTRUCTIONIPRIOR PROJECT ACTIONS —105— TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P. E., Director of Engineering Services • Wednesday, March 11, 2009 Page 1 of 1 ENGINEER'S ESTIMATE: $119,080 Time of Completion: 150 Calendar Days NORTH NAVIGATION BOULEVARD PUMP STATION NEW MOTOR OPERATED VALVE (MOV) ACTUATORS (PROJECT NO. 8608) Rabalais I & E Constructors P. 0. Box 10366 Corpus Christi, TX DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT A. WATER QUANTITIES (BASE BID) 1 Two (2) Motor Operated Valve Actuators, complete in place per LS 1 LS 81,000.00 $81,000.00 2. SCADA Documentation and 0. N. Stevens Programming, complete in place per LS 1 LS 28,600.00 $28,600.00 3 Utility Allowance, complete in place per LS (MANDATORY ALLOWANCE) 1 LS 5,000.00 $5,000.00 TOTAL BASE BID $114,600.00 -106- IEXHIBIT "C" Page 1 of 1 PROJECT BUDGET NORTH NAVIGATION BOULEVARD PUMP STATION NEW MOTOR OPERATED VALVE (MOV) ACTUATORS Project No. 8608 April 21, 2009 FUNDS AVAILABLE: Water $158,790.00 FUNDS REQUIRED: Construction (Rabalais I & E Constructors) $114,600.00 Contingencies (10 %) 11,460.00 Consultant (Urban Engineering) 26,230.00 Reimbursements 3,500.00 Misc. (Printing, Advertising, etc.) 3,000.00 Total $158,790.00 —107— [EXHIBIT "D" Page 1 of 1 \ Mproject \councitexhibite \exh8608.dwg LOCATION MAP NOT TO SCALE PROJECT #8608 N. NAVIGATION BLVD. PUMP STATION NEW MOTOR OPERATED VALVE (MOV) ACTUATORS CITY COUNCIL EXHIBIT CRY OF CORPUS CHRIS71, TEXAS DEPART IENT OF ENGINEERING SERNCES PAGE: 1 of 1 DATE: 03/23/2008 -108- 11 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: November 11, 2008 AGENDA ITEM: Motion authorizing payment of the Special Commissioners Award in the amount of $380,000 in connection with condemnation of Parcel 2, owned by Vickers Family Trust, for fee simple property rights to 7.197 acres of land located along the west side of Paul Jones Avenue, approximately one - quarter mile southeast of South Padre Island Drive, necessary for the South Guth Ball Field Relocation Project ( #3337) and for other related public purposes. ISSUE: On October 16, 2007 the City Council approved an ordinance to gift 140 acres of land in the vicinity of Ennis Joslin Road to Texas A &M- Corpus Christi for the future expansion of their campus. The conveyance required the replacement of City land currently used for ball fields at South Guth Park. City staff identified three parcels of land on Paul Jones Avenue totaling approximately 37acres suitable for the new ball field site. A resolution was passed by City Council on December 11, 2007 authorizing the acquisition of these parcels by negotiation or eminent domain. Two parcels, Parcels 1 and 3, were acquired by voluntary sale on March 28, 2008 and November 25, 2008 respectively. Land acquisition staff has now acquired the last parcel, Parcel 2, through eminent domain proceedings. On April 2, 2009, a condemnation hearing was held whereby three Special Commissioners awarded the landowners an amount of $380,000 for the land. The City must pay this amount in order to take possession of the land. If the City Council objects to the amount, the City can file a formal appeal of this award before April 27, 2009 and proceed to a judge and jury trial. City Council approval is necessary for all land acquisition expenditures which exceed $50,000. FUNDING: Park & Recreation 2008 Tax Notes 550701 - 3290 - 130201 STAFF RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Pete Anaya Director of Engineering Services Background Information South Guth Ball Field Relocation map Parcel 2 map H:WOMEIEUSEBIOGtGENWgenda llama. Guth Bellgeld Relocation Project.ShockleyW.genda Memorandum.doc —111— BACKGROUND INFORMATION SUBJECT: South Guth Ball Field Relocation Project ( #3337) Special Commissioners Award, Parcel 2, Vickers Family Trust The City dedicated 140 acres of land to Texas A &M- Corpus Christi on October 16, 2007 for expansion of its campus. The acquisition of new land was needed to replace the current South Guth ball fields located within a portion of the dedicated land. The City initiated a search for replacement lands in close proximity of the present ball fields on Ennis Joslin. Eight various areas were evaluated based on size, price, location and other amenities. One of the sites was located on Paul Jones Avenue, approximately one - quarter mile south of South Padre Island Drive as shown on the attached Exhibit A. At that site, three parcels of land were identified by City staff as being of sufficient size for the new ball fields. Preliminary studies were begun on this site to address ownership of the parcels, the presence of any jurisdictional wetlands, the presence of any endangered species, environmental site analysis, and other due diligence issues. The Engineering and Park & Recreation staff also met with representatives of the three baseball leagues presently using S. Guth Park to present the site and obtain their feedback. On July 17, 2007, a presentation was made by the City Manager and Dr. Flavius C. Killibrew of Texas A &M- Corpus Christi to City Council indicating the City's selection of this alternative park site on Paul Jones Avenue. In December 2007, a resolution was approved by City Council for acquisition of the parcels by negotiations or eminent domain proceedings. Formal offers were then made to the various landowners and negotiations commenced. On March 28, 2008, the City acquired its first parcel, Parcel 1, containing 29.018 acres. Parcel 3, a one -half acre residential homestead, was acquired on November 25, 2008. Both were acquired through negotiations and a voluntary sale. Negotiations reached an impasse for the remaining Parcel 2 containing 7.197 acres and required acquisition by eminent domain proceedings. On April 2, 2009, a condemnation hearing was held in which a Special Commissioners Award was determined in the amount of $380,000. City Council approval to pay this amount is now required by the motion presented. Parcel 2 Information: Parcel 2 is a vacant tract of land containing approximately 7.197 acres of land. It is located .28 miles southwest of South Padre Island Drive on the west side of Paul Jones Avenue as shown on the attached Exhibit B. The parcel has been owned by the Vickers Family Trust since April 1983. The land is currently unplatted and has a zoning designation of R -2, Multi- Family Residential. Parcel 2 Negotiations: The parcel was initially appraised by Terrence Wood, MAI and Corpus Christi Appraisal Services in the amounts of $127,500 and $165,000 respectively. Selecting the better appraisal, a formal offer was made to the owners in the amount of $165,000, however it was rejected. The owners had previously obtained an appraisal for the subject tract from Accredited Appraisers, Inc. in 2006 for the amount of $690,000. This report contained all Business zoned comparable sales with superior locations to the subject EXHIBIT A —1 1 2— Pane 1 of S property. Adjustments were also not made for the zoning differences and for platting. In January 2007, an auction of the various family tracts was held by the owners which included the subject 7 acre tract. Because of the owner's appraisal of $690,000, the sole bid of $380,000 for the property was rejected. The owners subsequently demanded the amount of $380,000 from the City for the subject property. In order to try to reach a compromise, a third appraisal was obtained by the City. Tasador, Inc., a focal independent appraisal firm submitted a report in the amount of $414,000. The report contained five comparables; three of which were business zoned, with one office zone and one residential zone. All four appraisals were reviewed by the Land Acquisition Manager and analyzed for their strengths and weaknesses. Of the total amount of comparable sales, the best three were selected. Using the appraiser's own adjustments resulted in a range of values for the subject tract from $$219,00 to $248,000. A final market value of $182,000 was determined after taking into consideration the $20,000 per acre valuation of the adjoining uplands previously purchased by the City and the list price of comparable land available on Holly Road. A second offer was made to the landowners in the amount of $182,000. This offer was again rejected with a firm price of $380,000. A demand of $414,000 was later made by the landowners through their attorney for the amount of the last appraisal. Negotiation reached an impasse and preparations were then made for eminent domain proceedings. Condemnation Hearing: A condemnation hearing was held on April 2, 2009, which resulted in a Special Commissioner's Award of $380,000 set by three persons selected by the presiding judge. The City must pay this amount in order to take possession of the land. The City can appeal this award and proceed to a judge and jury trial. An appeal must be filed by April 27th in order to proceed to jury trial. It is the opinion of the Land Acquisition Manger that the land has a market value well below the $380,000. Council action is required to approve the Award amount since it is in excess of the $50,000 limit set by law. This is the final parcel needed for the project. PRIOR COUNCIL ACTION: 1. September 25, 2007 - Public hearing regarding South Guth Park land transfer to Texas A &M University- Corpus Christi for university expansion. 2. September 25, 2007 - Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A &M University- Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Resolution No. 027432) 3. October 16, 2007 - Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M- University System for the Benefit of Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (Ordinance No. 027451) 4. December 11, 2007 - Resolution determining a public necessity to acquire _113_ EXHIBIT A Page 2 of 3 fee simple title to the surface estate only to three parcels of land for a ball field relocation project known as the South Guth Park Ball Field Relocation Project ( #3337), from the owners William H. Shireman, Jr., et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy Shockley, et ux (Parcel 3), for the public purpose and use as a ball field park and for other related park purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (Resolution No. 027521) 5. December 18. 2007 - 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 & Encinal Farm & Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Ball Field Relocation Project ( #3337). (Motion No. M2007 -327) 6. November 11, 2008 - Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1,900 in closing costs and an additional amount of $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 3, described as "Peary Place Annex B" (0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for South Guth Ball Field Relocation, Project # 3337. (Motion No. M2008 -288) ADMINISTRATIVE ACTION: 1. July 17, 2007 - City Council Presentation by City Manager George K. Noe and Dr. Flavius C. Killebrew, President of Texas A &M University- Corpus Christi on the Texas A &M- Corpus Christi Expansion project. HAHOME\EUSEBIOGtGENWgenda ItemsLS. Guth Bellied Relocation Projec.Vickers Condemnation\Background.doc _114_ EXHIBIT A Dann 1 of 'i 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 15, 2009 AGENDA ITEM: a. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Ark Assessment Center and Emergency Shelter for Youth for childcare items. b. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Big Brothers Big Sisters of South Texas for mentoring services for children. c. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Coastal Bend Community Foundation for Downtown Art Project. d. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with K Space Contemporary for art program expenses. e. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the South Texas Substance Abuse Recovery Services (STSARS) for services to homeless or at -risk homeless individuals. f. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Workforce Solutions of the Coastal Bend for education and referral services to foster care youth to enter workplace. ISSUE: Council Member John Marez is ineligible to receive Council salary due to his employment with the State of Texas. The city's legal department has issued an opinion that these funds can be donated to non - profit organizations as long as a public need is met. Council Member Marez has selected the following non - profit organizations to receive these funds: • Ark Assessment Center and Emergency Shelter • Big Brother /Big Sister of South Texas, Inc. • Coastal Bend Community Foundation • K Space Contemporary • South Texas substance Abuse Recovery Services, Inc. • Workforce Solutions of the Coastal Bend FUNDING: FY 2008 -2009 City Council organization. Salary funding allocation for Council Member John Marez from August 1, 2008 through July 31, 2009. Funds will be provided on reimbursement basis. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Armando Chapa Ci Secretary AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF THE ARK ASSESSMENT CENTER AND EMERGENCY SHELTER FOR YOUTH The City of Corpus Christi (the "City ") and the Ark Assessment Center and Emergency Shelter for Youth a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides programs for the care of children. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs incurred during the period of May 1, 2009 to July 31, 2009, to provide the Programs Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. The Ark Assessment Center and Emergency Shelter for Youth, 12960 Leopard Street, Corpus Christi, Texas 78410. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the day of , 2009 ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary `Angel R. Escobar, City Manager Date: Date: Approved this day of , 2009 By: Lisa Aguilar, Assistant City Attorney for City Attorney The Ark Assessment Center and Emergency Shelter for Youth By: ,te Date: �. \w. o O( Name: ‘� a. it) \ Cr Qca Title: t a¢c. * '.( Alb\ `' -1 1 9- APPLICATION FOR USN Of COUNCIL MEW= YARN SALARY rUNDS FOR NOA- PROFIT USN Name of Organization: The Ark Assessment Center and Emergency Shelter for Youth Address: 12960 Leopard Street, Corpus Christi, Texas 78410 Telephone No. (361) 241 -6566 Fax No. (361) 241 -5279 Email/ddrCes: dttheark @lc - usa.net contact Person' Delma Trejo, Executive DirectgrtAdministrator Non Profit Status (50103) X Yes —_ No Amount of Funds Requested: $9,000 Identify public need proposed for the use of these funds: ye care for chtl dren as young_as 3 days old. The funds would be used to nurnhase dia»pra fnr premature an&lew}1p=n infants. DWI unp au pvernlphtn for higger rhilaran. and wipees. To say there is a great need for these products is an understatement. Changes are required several times daily. There is no guarantee that those old enough to be potty - trained are potty- trained when they arrive at The Ark. AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF BIG BROTHERS BIG SISTERS OF SOUTH TEXAS The City of Corpus Christi (the "City ") and Big Brothers Big Sisters of South Texas, Inc. a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides mentoring services. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs incurred during the period of May 1, 2009 to July 31, 2009, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. Big Brothers Big Sisters of South Texas, 1621 Mesquite, Unit C, Corpus Christi, Texas 78401. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: day of , 2009 CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary `Angel R. Escobar, City Manager Date: Date: Approved this day of , 2009 By: Lisa Aguilar, Assistant City Attorney for City Attorney Big Brot - 3 ig Sisters s Sout. exas By: ' _Date: c( tz-/i0 5 Name: Title: -r vtcc Pr(4„1e —121-- 02-04-09;21:12 ; 8263113 FOR AflLICflION FOR FUNDS OF COUNCIL MI MSSP SALARY Name of Organization: Address: Telephone No. Email Address: Contact Person: # 2/ 2 ?2 Rrtt {stun J i *(5 o(.5o.t' (t 4y 70 $ 50 i Fax No. g' SI'C6 Z el �L n d .c _09_— Non Profit Status (50IC3) to Yes No Amount of Funds Requested: proposed for the use of these funds: Sat. -n .' "4t �y Identify public need propo I. (1l1 DUI 12' 4- AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF COASTAL BEND COMMUNITY FOUNDATION The City of Corpus Christi (the "City") and the Coastal Bend Community Foundation a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. Funds provided in this Agreement will be used for the programs described on attached Agreement. 2. The City will provide the Contractor $1,000.00 to be distributed by Contractor for art projects in the Corpus Christi downtown area, upon Contractor's written request to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. Coastal Bend Community Foundation 600 Leopard Street Suite 1716 Corpus Christi, Texas 78473. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: day of , 2009 CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary `Angel R. Escobar, City Manager Date: — Date: Approved this day of , 2009 By: Lisa Aguilar, Assistant City Attorney for C'ty Attorney Coas By: Name: Title: Kii -1 i 1 sl,i- tl,MA QR il\ger 5 CO) —123— APPLICATION FOR USE OF COUNCIL MEMBER MAREZ' SALARY FUNDS FOR NON - PROFIT USE Name of Organization: Address: Co as-k4 8eL- Conan Fokhddi n t (&oD %eopvrd V. 541+e17tb, Corpas CI�rtsh 4Tx 18173 Telephone No. (306 ta -9745 Fax No. (34 t) 88a -clSo5 Email Address: Contact Person: mad,' as a be cantaidn. erj h14Nwa. Dan ;etc D:rec-kr of- beve(opmea.f- Non Profit Status (501C3) ✓ Yes __ No Amount of Funds Requested: Identify public need proposed for the use of these funds: Nin frAb le: don61161.1 �u 4ke. *(lorma. Uf'hart Theenonal Pwrt(t t5+h(cSh<.af In memonf 01 nortna. ()cr.&,j.,_, - attld, art pro(ecs in c(ownvfoton eorpKS CilrtSii, ?�. AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF K SPACE CONTEMPORARY The City of Corpus Christi (the "City ") and K Space Contemporary, a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor promotes contemporary art in South Texas. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs incurred during the period of May 1. 2009 to July 31, 2009, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. K Space Contemporary P. O. Box 545, Corpus Christi, Texas 78403. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: By: Armando Chapa, City Secretary Date: Approved this day of , 2009 By: Lisa Aguilar, Assistant City Attorney for City Attorney K Space Contempoary By: ce Name: Title: Date: e k_ day of , 2009 CITY OF CORPUS CHRISTI By: `Angel R. Escobar, City Manager Date: —125— FEB 05,2009 11:29A page 2 APPLICATION FOR UBE OF COUNCIL MEMBER MARRS' SALARY FUNDS FOR NON -PROFIT USE Name of Organization: K 5 PPcCE CUN1 t'IPU.AR`i Address: 'MI.- SFFjFZ 5T. (rvlgtt.•. _90 I)OK 5LI5) C'u'.vns C.r+c.is rr, 'TX It 40..% Telephone No. efi'7-/Id2Y;y Fax No. 6302--?&( Email Address: I nt'U ( ICs a.QQ carsen eo r a r 7, or Contact Person: M ebt e.l k . "--;rry4.hP Non Profit Status (50103) / Yes -_._ No Amount of Funds Requested: `�' �P� 000 Identify public need proposed for the use of these funds' K Space Contemporary is a 501(c)3, non - profit organization dedicated to presenting and promoting contemporary art to South Texas. Acting as a forum for creative exchange and experimentation, K Space Contemporary aspires to educate, build and nurture an audience for innovative art in the Coastal Bend. We provide exhibitions of innovative art by emerging and mid - career regional, national and international artists and educational programming to accompany these exhibitions. K Space Contemporary offers art workshops, gallery talks by exhibiting artists and screenings of educational films. We facilitate educational programs, such as the Graffiti Art Project and Art Attack (summer art workshops) that steer teens and youth toward involvement in the arts and away from trouble. K Space Contemporary is an important attraction to tourists and locals and a vital asset to the downtown area. We are open 4 days per week and admission is free. K Space Contemporary respectfully requests Councilman John Marez's city council salary ($6,000) for regular operating expenses such as rent and electricity. This funding will secure our facility for 6 months. Thank you for your consideration of our request. Ex rri12 -A- AGREEMENT CONCERNING I AYMENT OF FUNDS IN SUPPORT OF SOUTH TEXAS SUBSTANCE ABUSE RECOVERY SERVICES, INC. The City of Corpus Christi (the "City ") and South Texas Substance Abuse Recovery Services, Inc. a Texas nonprofit corporation, (the "Contractor "), make this Agreement conceming payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: L The parties acknowledge that the Contractor provides case management services to homeless or at -risk of being homeless individuals. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs incurred during the period of May I, 2009 to July 31, 2009, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. South Texas Substance Abuse Recovery Services, Inc. 907 Antelope Street, Corpus Christi, Texas 78401. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: day of , 2009 CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary `Angel R. Escobar, City Manager Date: Date: Approved this day of , 2009 By: Lisa Aguilar, Assistant City Attorney for City Attorney South Texas Substance Abuse Recovery Services, Inc. By: %2 ,_7 Date: v /ir /oy Name: /\(cyxo4z- Title: 4rrKfivc 2)i/cern/ -127- 02/02/2009 14:03 361-882-4469 STSARS APPLICATION FOR USE OF COUNCIL MEMBER MAREZ' SALARY FUI FOR NON - PROFIT USE PAGE 02/02 Name of Organization: South Texas Substance Abuse Recovery Services, Inc. Address: Telephone No. 361.882.9979 Fax No, 361.883.1571 Email Address: paz norma(ihvahoo.com Contact Person: ]Norma Paz Executive Director Non Profit Status (501C3) X Yes No Amount of Funds Requested: Identify public need proposed for the use of these funds: The majority of our clients are indigent and do not have the funds necessary to obtain their Government I.D., Birth Certificate, DD -124. At times, clients need help paying the co -pay for medication or paying the $3.00 fee to stay in an emergency shelter. Helping them transfer in to a sober living environment an.d assisting then. back into the workforce by paving for hair cuts and /or tools is another way the funds will_be used. 907 Antelope Corpus Christi Texas 78401 AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF WORKFORCE SOLUTIONS OF THE COASTAL BEND The City of Corpus Christi (the "City ") and Workforce Solutions of the Coastal Bend a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides services to assist people enter the workforce. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs incurred during the period of May 1, 2009 to July 31, 2009, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to Workforce Solutions of the Coastal Bend 5858 South Padre Island Drive #1 Corpus Christi, Texas 78412. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: By: Armando Chapa, City Secretary Date: Approved this day of , 2009 By: Lisa Aguilar, Assistant City Attorney for City Attorney Workforce Solutions of the Coastal Bend By: Name: Title: Date: day of , 2009 CITY OF CORPUS CHRISTI By: `Angel R. Escobar, City Manager Date: -129- RECEIVED FEB 12 2°09 CITY SECRETARY'S OFFICE APPLICATION FOR USE OF COUNCIL SIEMBER MARLZ' SALARY FUNDS FOR NON-PROFIT USE r> CE Name of Organization:` �} Dr Kam` ce mv6 Q 34 \ C Address: —16 D D 54 R�t v?? T5 anti Di .t -7q j Fax No. 90(0-1234 Telephone No. Email Address: ?1 C� f , 6 ohi tIa ( CoaSlat Lk) br {'.S& 'Ce . (zvr1 Contact Person: New / lI Non Profit Status (501C3) 2 ( Yes No Amount of Funds Requested: 4 ( W� Ide fy public need proposed for the use of these funds: Exhi po-k 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 14, 2009 AGENDA ITEM: AMENDING ARTICLE IV, CHAPTER 2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY DELETING DIVISION 12, SMALL BUSINESS ADVISORY COMMITTEE; AND PROVIDING FOR SEVERANCE. ISSUE: Resolution Dissolving the Small Business Advisory Committee. PREVIOUS COUNCIL ACTION: None FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends the dissolution of the Small Business Advisory Committee. �ZYlwr ) Irma Caballero Director of Economic Development -133- BACKGROUND INFORMATION Created in August 24, 2004 the Small Business Advisory Committee (SBAC) was established to advise the Economic Development Office on projects and programs to initiate or research for the purpose of retaining and expanding small and historically underutilized businesses and jobs; on the development of partnerships with organizations for such projects and programs; and to serve as a focal point to communicate approaches to identify, attract, expand, and retain small and historically underutilized businesses. In March of 2005, the City Council appointed nine (9) members to the SBAC serving three -year staggered terms, which is composed of representatives from organizations that assist small and historically underutilized businesses. Items discussed during the year 2005 include: purpose and requirements of the committee; Small Business and Economic Development Resources in Corpus Christi; Taimerica Best Practices Report and other research on successful economic development policies and strategies and their application in Corpus Christi. SBAC held a total of nine (9) meetings for 2006 scheduled monthly. Items discussed during the 2006 year include: Review of the previous year; SBAC Rules of Engagement; Downtown Redevelopment Committee (DRC) vision, goals, objectives and final recommendations for City Council; Formation of Downtown Task Force (DTF); 4A Board Charter and Business Incentive Guidelines; Identify strategies and make recommendations to align resources and bridge gaps between small business needs and resources; SBAC retreat: Brainstorming session to revisit SBAC purpose, business development and utilization of resources. SBAC held a total of four (4) meetings for 2007 scheduled quarterly. Items discussed during the year 2007 included: Review of the previous year; Implementations of DRC recommendations, Economic Development Website discussion and brainstorming; Small Business Guidelines and Criteria discussions; Creation of small business support link on the City's website; Adopt Downtown Project. The SBAC scheduled two meetings in 2008 however no quorum was met. The Economic Development Office along with the Chair of the SBAC, Lamont Taylor, discussed the future of the committee and how it can best serve the community and be effective. Through the new leadership at the Corpus Christi Chamber of Commerce, Foster Edwards has formed a Small Business Council which will provide an opportunity for small business leaders and service providers to meet regularly to address small business needs in the community. The primary focus of the Small Business Council will serve as an information center that will provide resources, seminar classes, and give guidance to small businesses; the Small Business Council is comprised of service providers, small business owners and a city liaison. A representative of the Small Business Council will provide periodic updates to the 4A Board and City Council. Prior to the 4A Board going out for RFP's for small business projects, City staff will seek input from the Small Business Council. Furthermore, the Economic Development office can schedule ad hoc groups to discuss issues pertinent to small business. —134— AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY DELETING DIVISION 12, SMALL BUSINESS ADVISORY COMMITTEE; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article IV, Chapter 2, Code of Ordinance is amended by deleting Division 12 and reserving section 2 -140 — 2 -143: ARTICLE IV. MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES* * * * * Se 14n tabl hmen! vav: c�r�v�.�YCq A�i.�YCn��orrc. Definitions+ Ord. Repealing Division 12 04072009 —135— 2 C 2 949 Org zation committee shall meet at least oncc oach quarter and may meet more frequently ac dotermined by a concurring vote of a majority of those present, but not Tess than one committee: ORD. REPEALING DIVISION 12 04072009 -136- Secs. 2 114 2 -140 -- 2 -149. Reserved. 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. ORD. REPEALING DIVISION 12 04072009 —137— 3 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: 7th day of April, 2009: ay 'eining First Assistant Ci Attorney For City Attorney ORD. REPEALING DIVISION 12 04072009 Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —138— day of , 2009. Henry Garrett Mayor 14 AGENDA MEMORANDUM DATE: April 14, 2009 SUBJECT: CHRISTUS SPOHN SHORELINE HOSPITAL ZONE: SPEED LIMIT DECREASE AGENDA ITEM: a. ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON AYERS STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. b. ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON ELIZABETH STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. c. ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON SANTA FE STREET BETWEEN AYERS STREET AND ELIZABETH STREET FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: Christus Spohn Shoreline Hospital has requested a reduction in the speed limit along Ayers Street between Santa Fe Street and Ocean Drive; Elizabeth Street between Santa Fe Street and Ocean Drive; and Santa Fe Street between Ayers Street and Elizabeth Street. Christus Spohn Shoreline Hospital is concerned about pedestrian safety. This request includes changing the speed limit from 30 Miles Per Hour to 20 Miles Per Hour between the hours of 8:00 a.m. to 5:00 p.m. weekdays only (See Exhibit B.) REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -254, Schedule V, requires City Council Approval. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map Pete Anaya, P.E., Director of Engineering Services —141— BACKGROUND INFORMATION REQUEST: Christus Spohn Shoreline Hospital has requested a reduction in the speed limit along Ayers Street between Santa Fe Street and Ocean Drive; Elizabeth Street between Santa Fe Street and Ocean Drive; and Santa Fe Street between Ayers Street and Elizabeth Street. Christus Spohn Shoreline Hospital is concemed about pedestrian safety. This request includes changing the speed limit from 30 Miles Per Hour to 20 Miles Per Hour between the hours of 8:00 a.m. to 5:00 p.m. weekdays only (See Exhibit B.) ISSUES: Delays to traffic will be negligible when considering the added safety for pedestrians as well as vehicles coming to and from the Hospital facilities. Pedestrians will be able to identify gaps in traffic easier and will be safer when crossing the street because of improved driver reaction times. REVIEWED BY TRANSPORATION ADVISORY COMMITTEE: The Transportation Advisory Committee met on February 16, 2009 to review the recommendation and unanimously voted to recommend approval to the City Council of the proposed Speed Zone changes from 30 Miles Per Hour to 20 Miles Per Hour for Ayers Street, Elizabeth Street, and Santa Fe Street between the hours of 8:00 a.m. to 5:00 p.m. weekdays only. EXHIBT "A" Page 1 of 1 -142- ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON AYERS STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Ayers Street between Santa Fe Street and Ocean Drive from 30 mph to 20 mph, weekdays between 8:00 a.m. and 5:00 p.m., by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES * * * Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. A Service Alley: Running parallel to Everhart Road and Stonegate Way, from Bonner Drive to Curtis Clark Drive - -15 mph - -At all times Avers Street: From Santa Fe Street to Ocean Drive - -20 mph- - Between 8:00 a.m. and 5:00 p.m. on weekdays only Bayfront Landmass Service Roads: Coopers Alley L -Head, Lawrence Street T -Head, and Peoples Street T- Head - -from North Shoreline Boulevard and including the circulation roads within and surrounding the public parking lots - -15 mph - -At all times H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA ITEMS \09 \041409 \041409 ORD Amend 53 -255 speed limit on Ayers to 20 mph.doc —144— SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. H: \LEG- DIR1VeronicaO \1.ENG \1 AGENDA ITEMS \09\041409\041409 ORD Amend 53 -255 speed limit on Ayers to 20 mph.doc —145— That the foregoing ordip nce was reading on this the f 5'--day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly read for the first time and passed to its second , 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009 by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 31- Mar -09 4M 0 Veronica Ocafias Assistant City Attorney for City Attorney day of , 2009. Henry Garrett Mayor H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA ITEM S \09 \041409 \041409 ORD Amend 53 -255 speed limit on Ayers to 20 mph.doc —146— ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON ELIZABETH STREET BETWEEN SANTA FE STREET AND OCEAN DRIVE FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Elizabeth Street between Santa Fe Street and Ocean Drive from 30 mph to 20 mph, weekdays between 8:00 a.m. and 5:00 p.m., by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. Elizabeth Street: From 100 feet west of the centerline of Ocean Drive to a point 75 feet east of the centerline of Third Street - -20 mph - -At all times. Elizabeth Street From Santa Fe Street to Ocean Drive - -20 mph- - Between 8:00 a.m. and 5:00 p.m. on weekdays only Kosar Street: From the north property line of Naples Street to the south property line of Ayers Street - -20 mph - -At all times H: \LEG- DIR1Veronica011.ENG \1 AGENDA ITEMS V:19\0414091041409 ORD Amend 53 -255 speed limit on Elizabeth to 20 mph.doc —147— SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA ITEM S \09 \041409 \041409 ORD Amend 53 -255 speed limit on Elizabeth to 20 mph.doc —148— That the foregoing reading on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly or ce was rea,9 for,the first time and passed to its second ay of 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009 by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 31- Mar -09 Veronica Ocanas Assistant City Attorney for City Attorney H: \LEG -D I R \VeronicaO \1. EN G \1 speed limit on Elizabeth to 20 mph.doc Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of 2009. Henry Garrett Mayor AGENDA ITEM S \091041409 \041409 ORD Amend 53 -255 —149— ORDINANCE AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO DECREASE THE SPEED LIMIT ON SANTA FE STREET BETWEEN AYERS STREET AND ELIZABETH STREET FROM 30 MPH TO 20 MPH, WEEKDAYS BETWEEN 8:00 A.M. AND 5:00 P.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Santa Fe Street between Ayers Street and Elizabeth Street from 30 mph to 20 mph, weekdays between 8:00 a.m. and 5:00 p.m., by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. Roosevelt Street: From the west curbline of Ayers Street to the east curbline of Rojo Street - -20 mph - -At all times Santa Fe Street From Ayers Street to Elizabeth Street - -20 mph- - Between 8:00 a.m. and 5:00 p.m. on weekdays only Shoreline Avenue: From Pearl Street to Coastal Avenue - -20 mph - -At all times SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite C: \DOCUME- 1\VERONI -1 \LOCALS -1 \Temp \041409 ORD Amend 53 -255 speed limit on Santa Fe to 20 mph.doc —150— intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. C: \DOCUME- 1 \VERONI -1 \LOCALS -1 \Temp \041409 ORD Amend 53 -255 speed limit on Santa Fe to 20 mph.doc —151— That the foregoing or reading on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly ce was re 4 for the first time and passed to its second , 2009, by the following vote: y of Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009 by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 31- Mar -09 f Veronica Ocana Assistant City Attorney for City Attorney Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2009. Henry Garrett Mayor C: \DOCUME- 1 \VERONI -1 \LOCALS -1 \Temp \041409 ORD Amend 53 -255 speed limit on Santa Fe to 20 mph.doc —152— 15 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: April 21, 2009) Case No. 0109 -05 Proportional Prosperity: A change of zoning from a `B -4" General Business District to an "I -2" Light Industrial District described as Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26 and 27 located at the northeast comer of Saratoga and Calle Las Colonias approximately 1/2 mile east of Greenwood Drive Staff and Planning Commission's Recommendation (January 21, 2009): Denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan' and the following six (6) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B- 4" General Business District is the use of outdoor storage. The outdoor storage shall be located on Lots 26 and 27 (Las Colonias Subdivision, Block I) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of lots 26 and 27. Mesh to be placed along the western fence line which does not impede the security sensors for ingress /egress to the property. 3. Dumpster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. 4. Lighting: Security Lighting shall be non - directional and shielded from the residential development to the north (i.e. Los Colonias Subdivision). 5. Landscaping: Provide five oleanders on 5 foot centers along the frontage of Lots 26 and 27. This also includes a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthorne along the southwest comer of Lot 25. Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 27B -11.A (11) of the Corpus Christi Zoning Ordinance, All landscaping shall not be located within utility easements and /or Right -of -Way areas. 6. Time Limit: This Special Permit expires one (I) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of the Planning Commission's and Staff Recommendation. Summary: • Request: The applicant is requesting a change of zoning on 2.18 acres from a `B -4" General Business District to an "I -2" Light Industrial District. The applicant wants to rezone the property so that the existing building and specifically, the associated outdoor storage use, conforms to the zoning. • Existing Land Uses: The subject property is currently not being used for any type of business, although there is an existing building which was previously used as an office /warehouse facility with outdoor storage. The previous business was non - conforming with regard to the outdoor storage use on the property. To the east and west of the property, the existing land use is vacant. To the north is a 1 At the time of Planning Commission recommendation a site plan was not available. A final site plan was received on March 19, 2009, which has caused a delay in the sched1t3 of this January rezoning case. (LDR) low density residential subdivision. Across Saratoga Boulevard to the south is vacant land, and is proposed for Medium Density Residential Use on the Future Land Use Map. • Existing Zoning: The subject property is zoned "B-4". The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The "B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. • Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. • Transportation and Circulation: The subject property has access to Saratoga Blvd., which is an A3 Primary- Arterial, meaning the street is planned in the future to contain six lanes and a median. Currently, in front of the subject property, Saratoga Blvd. is a two lane Road in an 80 foot right -of- way and widens to the six lane road at the intersection of Greenwood Drive. Saratoga Blvd. and Greenwood drive are both arterial streets leading to a major freeway. • Infrastructure Demand: o Water: An 8 inch city water line is located in front of the subject property in Calle Las Colonias Street. A 54 inch city transmission line is located along Saratoga Boulevard. o Wastewater: The City of Corpus Christi has a 10 inch wastewater line along the northern boundary of the subject property. The 10 inch wastewater line connects to a 12" collector line and in turn feeds to a 24" main wastewater line. o Storm water: There is a storm water pipe with inlets along Calle Las Colonias which abuts the western part of the property. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Commercial uses, therefore, the proposed "I -2" Light Industrial District is not consistent with the City's Comprehensive Plan. In addition, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. Plat Status: The subject property is platted however; new construction may require a replat. Department Comments: • The proposed project is not consistent with the Adopted Future Land Use Map • The proposed Light Industrial use does not buffer and provide a smooth transition from the adjacent, existing Low Density Residential Development. • The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. • Approval of a special permit would promote the use of an existing building and may help to mitigate any adverse impacts to the neighborhood. C:\D000ME- 1\rtbxeah\LOCALS -1 \Temp \pn91l6rFrenimul Prosperity Agenda Memo BA to 1 -2 Revised ejp doc • A special permit with appropriate setbacks and screening from the residential area to the north could offer a satisfactory buffer between the two uses. • The proposed use is across from property out of the city limits and developed with commercial and industrial uses with outside storage. Notification: Of the twenty nine (29) notices mailed to the surrounding property owners one (1) notice was returned in favor and two (2)(1.4 %) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. 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. Juan Perales, P.E., Interim Assistant City Manager of Development Services FGMJej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance and Site Plan Senior Planner C :DOCUM0- 14ebeccab LOCALS- 1\Temp10109 -05 PlppAti®d7ryperitY Agenda Memo BA to 1 -2 Revised ejp.doc CITY COUNCIL ZONING REPORT Case No.: 0109 -05 Planning Commission Hearing Date: 01/21/09 Applicant & Legal Description Applicant: Proportional Prosperity Owner: Marco Gamboa Representative: Marco Gamboa Address: 1302 Saratoga, Corpus Christi, TX. Legal Description/Location: Las Colonias Subdivision Unit 4 Block 1 Lot 25, 26, 27 located at the northeast corner of Saratoga and Calle Las Colonias approximately %2 mile east of Greenwood Drive Zoning Request From: B -4 "General Business District" To: 1 -2 "Light Industrial District" Area: 2.18 Acres Purpose of Request: Applicant is requesting a change of zoning from B -4 to I -2 to allow for outside storage associated with proposed tenant spaces. Zoning Existing Land Use Future Land Use Site B -4 "General Business District" Light Industrial / Vacant Commercial R -1C "One - Family Dwelling District Low Density Residential Low Density Residential South OCL Outside City Limits (Across Saratoga) Vacant Vacant/Commercial Light Industrial East B -4 "General Business District" Vacant Commercial West B -4 "General Business District" Vacant Commercial ADP, Map & Violations Development Plan: This tract of land is located in the Westside Area Development Plan and is planned for future commercial land uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan. Map No.: 51037 Zoning Violations: (Previous use had illegal outdoor storage) Proposed use is in compliance. Staff's Summary: • Request: The applicant is requesting a change of zoning on 2.18 acres from a "B -4" General Business District to an "I -2" Light Industrial District. Applicant has interest in providing property and land use for potential tenants operating businesses that require outside storage of materials. • Existing Land Uses: The subject property is currently not being used for any type of business, although there is an existing building which was previously used as an office /warehouse facility with —158— Zoning Report Case #: 0109 -05, Proportional Prosperity Page 2 outdoor storage. The previous business was non - conforming in use for its zoning compliance. To the east and west of the property, the existing land use is vacant. To the north is a (LDR) low density residential subdivision. Across Saratoga Boulevard to the south of said property, the land use is vacant, and is proposed for Medium Density Residential Use on the Future Land Use Map. • Existing Zoning: The subject property is zoned `B -4 ". The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B-4" District. The `B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. • Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. • Transportation and Circulation: The subject property has access to Saratoga Blvd., which is an A3 Primary- Arterial, meaning the street is planned in the future to contain six lanes and a median. Currently, in front of the subject property, Saratoga Blvd. is a two lane Road in an 80 foot right -of- way and widens to the six lane road at the intersection of Greenwood Drive. Saratoga Blvd. and Greenwood drive are both arterial streets leading to a major freeway. • Infrastructure Demand: o Water: An 8 inch city water line is located in front of the subject property in Calle Las Colonias Street. A 54 inch city transmission line is located along Saratoga Boulevard. o Wastewater: The City of Corpus Christi has a 10 inch wastewater line along the northern boundary of the subject property. The 10 inch wastewater line connects to a 12" collector line and in turn feeds to a 24" main wastewater line. o Storm water: There is a storm water pipe with inlets along Calle Las Colonias which abuts the western part of the property. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C50. Crime statistics up to 2005 show a decline from 1551 crimes committed in 2002 to a low in 2005 of 1483 crimes. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number eight (8), located at 4645 Kostoryz. • Environmental Constraints: o FEMA Flood Zone: Property is in FEMA flood zone C and not in a velocity zone. -159- Zoning Report Case #: 0109 -05, Proportional Prosperity Page 3 o Soil Type: o Flight Zone: o Other: Soil Type at this location is of the Victoria Series consisting of four types of Victoria clays. The characteristics of these types have a poorly drained and slowly permeable soil, with slow runoff. The suitability for commercial construction ranges from poor to unsuited. A suitable fill is typically needed for construction. The property is not located under any Flight Zones. The subject property is within a one mile radius of a wastewater plant and a city land fill. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 10 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include. o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Commercial use, therefore, the proposed "I -2" Light Industrial District is not consistent with the City's Comprehensive Plan. In addition, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. CORPUS CHRISTI POLICY STATEMENTS: POLICIES - INDUSTRIAL A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. —160— Zoning Report Case #: 0109 -05, Proportional Prosperity Page 4 WESTSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.4 — POLICY STATEMENT Where industrial land uses are proposed adjacent to existing or future residential area, buffering techniques such as greater open space and privacy walls or landscaping should be required. Staff Comment: The project proposes outdoor storage use that is not compatible with the neighboring, existing Low Density Residential development and the adjacent proposed Medium Density Residential Land Use. C.5 — POLICY STATEMENT High intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of 1) Main Roads; 2) Public and Institutional Buildings; 3) Open Space; 4) Scale of Design; 5) Landscaping; and 6) Other transitional land uses. Staff Comment: The project proposes outdoor storage use that is not compatible with the neighboring, existing Low Density Residential development and the adjacent proposed Medium Density Residential Land Use. The proposed use is not a public or institutional building. It is uncertain whether the applicant proposes to utilize landscaping, open space, and scale of design in utilizing the existing building onsite. The site is currently zoned for business use which is more compatible with this policy. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Average Daily Trips Saratoga Blvd. A3 Primary- Arterial 80 feet of right-of- way with two 12 foot lanes and two ten foot shoulders 130 feet of right - of -way with six lanes and median. Not available Calle Las Colonias CI Collector 60' right-of-way with two lanes Same as existing Not available Plat Status: The subject property is platted however, new construction may require a replat. —161— Zoning Report Case #: 0109 -05, Proportional Prosperity Page 5 Department Comments: • The proposed project is not consistent with the Adopted Future Land Use Map • The proposed Light Industrial use does not buffer and provide a smooth transition from the adjacent, existing Low Density Residential Development. • The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. • A special permit with appropriate setbacks and screening from the residential area to the north could offer a satisfactory buffer between the two uses. • The proposed use is across from property out of the city limits and developed with commercial and industrial uses with outside storage. Staff and Planning Commission Recommendation: Denial of the "I -2" Light Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plan and the following six (6) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "13-4" General Business District is the use of outdoor storage. The outdoor storage shall be located on Lots 26 and 27 (Las Colonias Subdivision, Block 1) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastem property lines, and along southem property lines of lots 26 and 27. Mesh to be placed along the western fence line which does not impede the security sensors for ingress/egress to the property. 3. Dumpster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. 4. Lighting: Security lighting shall be non - directional and shielded from the residential development to the north (i.e. Los Colonias Subdivision). 5. Landscaping: Provide five oleanders on 5 foot centers along the frontage of Lots 26 and 27. This also includes a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthome along the southwest corner of Lot 25. Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 27B -11.A (11) of the Corpus Christi Zoning Ordinance. All landscaping shall not be located within utility easements and/or Right -of -Way areas. 6. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —162— Zoning Report Case #: 0109 -05, Proportional Prosperity Page 6 e E 0 a Number of Notices Mailed 29 — 27 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 1 (inside notification area); 0 (outside notification area) (As of 1/14/2009) Attachments: 1. Neighborhood 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Site Plan -163- • CASE # 0109 -05 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mao 2; " 2b for Neighborhood eysziog ':se. Also available Map Scale: 1:90,000 LOCATION MAP I SUBJECT PROPERTY City of corpus Christi /CSUBJECT PROPERTY 0/ 00 800 Feet V .0 "u:: -oft CASE # 2.a. NEIGHBORHOOD - Enate Residential - ER Low Density Res. - LDR "-d Dr nsity Res- - MDR ■.1 Density Res. - HDR Ile Home - MH nt- VAC vrofi bnal Office - PO aninercial - COM 0109-05 EXISTING LAND USE Hi Lt. CP Map Scale: 9:10,000 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water I SUBJECT PROPERTY LOCATION MAP City of Corpc, Christi 1 /C\C.. -/ / ��lF\ T' s44/ / ',! /\ \ v/ ?--,,,41 ' v/ / /t - • 74 /7T v / / l s1J6JEC�� t?ROPERTY i .< / / +4,4� / 1 ;no S4 +q TUG, 01/0c °0 ;8 • CASE # 0109 -05 2.b. SITE- EXISTING LAND USE [3i Enate Residential - ER [ - Low Density Res. - LDR Dr nsity Res- - MDR id Density Res. - HOR , t' r Ile Home - MH Gc. CP urofi bnal Office - PO n nnmercial - COM ii Light Industrial - LI 1 y;- 1 Heavy Industrial - Hl ?`P Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water Map Scale: 12.400 4 i I` /SUBJECT PROPERTY LOCATION MAP City of Cori -xiis Christi / 1l,DR " ALPD LDR t, LI LCR SUBJECT PROPERTY /0: LOR, COM`, R ; *A it ". 0ir 400. 800 Feet 1 MDR PSP LI CASE # 0109 -05 a. NEIGHBORHOOD - FUTURE LAND USE Agricultural,Rural - AR - Tourist - TOR 1 Estate Residentia / - ER 1-Rd Ra,earch /Business Park - Low Density Res. - LDR f Lt _1 Light Industrial - LI - I rsity Res. MDR Heavl Industrial HI . � (-^gh Density Res. - HOR mr1 Pub!„ Semi - Public - PSP -i , He Home - MH Park .cant =VAC - Drainage Corridor - DC -51 Protes.ional Office -PO DP Dredge Placement - DP Com arcial - COM l .1 Water r p Conservation/Preservation • CP Transportation Plan .4i erib!s Collector - - -- Exin ossrvays -- - Parkway } Railroad Map Scale: 1:10000 I SUBJECT PROPERTY LOCATION MAP City of corpus Christi i f ��/ LDR., t f F S , / l ---,-- -• G // / \ r � / f 1.- r '` / ,C � -- t l�L f ! / ----, S / /! /rbk ' '�Cq� �' / i : L /• i t f ----, /1 i ? 7. / I F Sq /� N s=7-.. / t / LDP., t�� - < i / ; % �f ; f• -. 5,s; /r Bs.'"4: -,r ?„ / !DR 400 PhDR CASE # 0109 -05 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER mid Rasaarch /Business Park - RBP - - Low Density Res. - LOR f Lr ] Light Industrial - LI -- - !sity Res. - MDR Heavl Industrial - HI gh Density Res. - HDR Pub!., Semi - Public - PSP -i , He Home - MH Park - 1 ,cant VAC - Drainage Corridor - DC ' • oh tonal Office - PO "P Dredge Placement - DP ,.._rcial -COM l ] Water CP Cnnsertration/Preservation - CP Transportation Plan .4+ferib's Collector -- -e. Ex pi ess o•ays -- - -. Parkway Railroad Map Scale: 1:2.400 4 i 7` /SiUBJE.CT PROPERTY LOCATION MAP City of l Coq?I to Christi CASE # 0109-05 4. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E•::r!og La.si Use 41so available di !. !. !..ccte.:as.com 4 i / /SUBJE.CT PROPERTY LOCATION MAP City of corpus Christi ; B -4 20� l / 25 26/ 27 24 32/ 4/ 35 14/ Y v / 0 OCL / (OUTSIDE CITY LIMITS) 400 CASE # 0109 -05 5. SUBJECT PROPERTY Subject Properly 800 Feet fd05'''08 tl 20FR De 10CATIO MAPI SU6JECT PROPERTY' -4 / 2/� `/2 V` /27 / 9 9 35/ 0 OCL / (OUTSIDE CITY LIMITS) / 400 CASE # 0109 -05 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP PA Apartment House Dtiri t 1 -1 Lirnited industrial District 41A ApEtmerit Horse District 1-2 c oYt 1pdustrtal District A -' Apartment house Dlsllet 1-3 H_avy Industrial Dstoct AE Professional Office District ROD Panned Unit Dev5opmnnt AT Arai In rt Touch District R- A Ore Fancily Da ling Dist rot B -1 lbeigiaboi boss: Aortae o 013111d R= B Our Family Da lling D>nnlct R1A Nelgb hod Euslnais:Dst st R-'r opt-Family Datil tg District B-2 Btyfr It Ban ness Dlsttct R-2 131siitiple imeJ ling Disldot B-1A ea, ner Island Business District RA One Family ➢aIii g District F-3 Bs sine:5 Gantt RE Residential estate Diaact &: General Busman:. District R -TH: Ioannouse Dsselling District F-3 Prinlary BnsillesZ Castro, Spasial Permit E5 Primes Business Core Ointr1Et T-'IA Tflvel Trailer Park DI$tint ED Coq US — nrisll Beach Design Dist T -1 B Mnnufaetmad HOWL Perk Dish- et F Farr RLI al DUYllat Manufactured .Home Subdivision H4 Hist Itural Landmark LlshlnP Preservation 101 pot PoopOity 00 vier Onnner wo 4 d o chedae nes rY 0 ofnia, rs Qau>siE1 sou Feet De SUBJECT 'PROPERTY LOCATIO I MAPS fi City of Corpus Christi COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0109 -05 Name: Proportional Prosperity Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 29 1 Notices returned from within the 200 -foot notification area: Favor: 1 Opposition: 2 (1.40)% #2Juliane Brown - opposed, retired, living on fixed income , love my home. #4 Cursillo, Inc, 4810 Everhart, A. Lerma- President "Detrimentqal to the integrity of the neighborhood in particular, the abutting property owners. B4 is the most appropriate use." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: —1811— ift N a WSSCBStlWWSW tRIE SStlS , $$ g g gl0 g C §°61S § §oi� 8888 §§ go888 '. 0N8 g8u88°ORgp fgg_g88�s800 °000 B 8'0- 888SS{�S2888SgSoS 088 [0088 WI11 € 2111SDD F 111 E! Q *P g�Q} �g ONm� °yaG�sm{�5$�5��S�S �a y LX12 Minggg xa6 .gi go.Q� gM x ” X %x 09 0 ^' 02 III m°AA ffital399ffi i im5� x AP° 1x4 ; 1 rel H €lhEigE $000 00i�j0 ss :� 5gri L 000 a°,90 g7z 292 000 n a 0 9 99°999999a9ZinAA 99 y9AAA99vttt- 00 W 0000(0000NNNNNNNNNNNNNN ZyAP m00000 5_ a a 0 xPx0000000000 y 442=7125 MOM= EgE 000na0000000000000000000 000 5 ooggg0000ggg000000ggg000 b 929 g�1go 9i$$ggg00000g00000ggo 22 22222 22222 2 Hh $ gggggEggggg !!!!«g! CCC( CCCCCC_C_C_C_CCCCCCCCCCCCCCC 22 22222 222222222222222 aaa yy maaaaaaaaaaaaaaaaaaaaarA DAA����2,22AAPAP9a22,22,29aa22, R2titi2!tti ! 4 Vg°@°- I4N44444:“t1444y44 NNNm"PrP Si Si XJ�Cx�Flix.MM 011E111881l48g88ss88g.8 gY�ssa,�som000,Nsd4�, °°M�.�u °� at 05 S 00000000O0000000000000000000 00 ggggggggggggggggggggg $ ggggggg No -182— - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B-1" Neighborhood Business District. (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02 /08 -183- B-4 - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B ", "R -IC" "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -IB ", "R -I C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 -184- - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off -street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "8 -5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum, Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 1 -2 -185- 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels Tess than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles, Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -186- 1 -2 - q7_ Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Paper Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including intemal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of -way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1-2 -187- - 9g- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (fracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R-1B", "R-2", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B" "R -2 ", "A -1" "A -1A ", or "A -2" residential district. 20-6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "I -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -188- - 99- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -189- Attachment 10 Zoning Case #Q • s ®F r t�p iri0�� �3 %, .,R2PMk' to �� €:, - Froml'3 �} r Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 10 —190— Attachment 11 City Charter — Article ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —191— Zoning Report Case #: 0109 -05, Proportional Prosperity Page 9 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -192- nt1o_c1)rnent Id L45 wer1 rl • -193- LANDSCAPE PLAN SOIRECTLIRE MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall Wednesday, February 4, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Buena, Vice - Chairman James Skrobamzyk John C. Tames Jolumy R. Martinez Evan J. Kelly Govind Nadkarni Mark Adame Absent Govind Nadkarni STAFF: Johnny Petales, PE, Interim Assistant City Manager of Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldatta, AICP, Senior City Planner Bob Payne. AICP, Senior City Planner Andrew Dimas, Planning Technician Yvonne Haag - Director of Neighborhood Services Yvette Aguilar, Attorney I Elena Juarez, Recording Secretary Si uatedquiere dirigirse a Is comision y su inglds es limitedo, habra un interprete de espafol a inglds en a junta pare ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order 5:34 p.m. by Chairman Garza III. PUBLIC BLARING AGENDA ITEMS B. ZONING b. Case No. 010905 Proportional Prnsuerity- A change of zoning from "B-4" General Business District to an "I -2" Light Industrial District resulting in a change of land use from business to light industrial Las Colonies Subdivision Unit 4, Block 1. Lots 25, 26 and 27, located at the northeast corner of Saratoga and Calk Las Colonies approximately'/ mile east of Greenwood Drive Note: Commissioner Mark Adameleft the chamber as his real- estate firm is involved in the sale/lease of the property. Mr. Andrew Dimas, Development Services, presented the above case via Power Point, stating the applicant is Marco Gamboa. Mr. Dimas stated the applicant is requesting a change of zoning from a "B. "•General Business District to an "1 -2" Light Industrial District. Mr. Dimas presented some background information including zoning information from March 1971 when the property went through a change of zoning from "R -1B" to the '5 4" Dlstrict and that the "3-4' does not allow for outdoor storage. Staff recommends denial. Public hearing was opened. Marco Gamboa, 800 I}135. San Antonio, TX 78230, representative for the applicant came forward bath% the property has used outdoor storage for twenty five (25) years, he has been lead to believe that this is a nonconforming use of the property, has paid a couple of thousand dollars in fees for rezoning and does not understand why stab is necormnrnd ng denial. Mr. Gamboa stated his only Intention is to keep with current zoning regulations and not be in violation and that be currently has interested tenants for the property all of whom will require outdoor storage. Chairman Garza suggested that a site plat with the spec storage uses is necessary and helpful. Faryce Goode -Macon stated office storage is acceptable but outside storage currently is not. Commissioner Martinez questioned whet8ttAe case could be tabled to give staff Will Douglas, 5029 Royalton, came forward stating he is a leasing agent for applicants properly and stated he appreciates any help the commission could give in getting the problem of outdoor storage needs resolved. Motion to recess the case to a later point in the meeting to allow staff to meet with the applicant concerning a Special Permit was made by Commissioner Skrobarczyk and seconded by Commissioner Tames. Motion passed unanimously with Commissioner Nadkarni being absent and case was =eased. Paryce Goode -Macon stated after meeting with the applicant staff has a new recommendation as follows: denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan and the following six (6) conditions: Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "11-4" General Business District and the use of outdoor storage. The outdoor storage shall be located on Lots 26 and 27 (Las Colonies Subdivision, Block 1) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of lots 26 and 27. Mesh placed along the western fence line which does not impede the security sensors for ingresa/egress to the property. Dempster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. Lighting: Security lighting shall be non - directional and shielded from the residential development to the north (i.e. Los Colonies Subdivision). Landscaping: Provide five oleanders on 5 foot center along the frontage of Lots 26 and 27 including a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthorne along the southwest corner of Lot 25. Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 273- 11.A(11) of the Corpus Christi Zoning Ordinance. All landscaping shall not be located within utility easements and Right -of -Way areas. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition 411 and in compliance with all other conditions. Public hearing was closed. Motion for denial of the "1 -2" Light Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan and the above listed six (6) conditions was made by Commissioner Hucrta and seconded by Commissioner Martinez with Commissioner Adame abstaining from the vote. -195- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PROPORTIONAL PROSPERITY, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO LAS COLONIAS SUBDIVISION UNIT 4, BLOCK 1, LOTS 25, 26, AND 27, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT SO THAT THE EXISTING BUILDING, AND SPECIFICALLY, THE ASSOCIATED OUTDOOR STORAGE USE, CONFORMS TO THE ZONING, SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Proportional Prosperity, L.L.C.,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, February 4, 2009, during a meeting of the Planning Commission, and on Tuesday, April 21, 2009, 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 Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26, and 27, located at the northeast corner of Saratoga and Calle Las Colonias, approximately 1/2 mile east of Greenwood Drive, from "B -4" General Business District to "B -4 /SP" General Business District with a Special Permit so that the existing building, and specifically, the associated outdoor storage use, conforms to the zoning, subject to a site plan, attached, and six (6) conditions. (Zoning Map 51037) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -4" General Business District is the use of outdoor storage. The outdoor storage shall be located on Lots 26 and 27 (Las Colonias HALEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \ 4- 21\ CRD- zoning0109- 05ProportionalProsperity B- 4- special permit.doc —1 9 6— Page 2 of 4 Subdivision, Block 1) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. B. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line which does not impede the security sensors for ingress /egress to the property. C. Dumpster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. D. Lighting: Security lighting shall be non - directional and shielded from the residential development to the north (i.e. Los Colonias Subdivision). E. Landscaping: Provide five oleanders on 5 foot centers along the frontage of Lots 26 and 27. This also includes a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthorne along the southwest corner of Lot 25. Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 27B -11.A (11) of the Corpus Christi zoning Ordinance. All landscaping shall not be located within utility easements and /or Right -of -Way areas. F. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 4- 21 \ ORD- zoning0109- 05ProportionalProsperity B- 4- special perrnit.doc —197— Page 3 of 4 SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of April, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: April 13, 2009 eborah Walther Brow Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 4- 21 \ ORD- zoning0109- 05ProportionalProsperity B-4- special permit.doc —198— Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda4- 21\ ORD- zoning0109- 05ProportionalProsperity B-4- special permit.doc —199— To: Approval of a Special Permits subject to a site plan and Six (6) Conditions Ordinance No. - 200 €xhibit A -201- Exhibit B 16 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: April 21, 2009 A. Public Hearing to receive public comments regarding an amendment of the FY2008 Consolidated Annual Action Plan to add $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of Community Development Block Grant funds provided from the American Recovery and Reinvestment Act of 2009. B. Motion to authorize the City Manager or designee to amend the FY2008 Consolidated Annual Action Plan to add $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of Community Development Block Grant funds provided from the American Recovery and Reinvestment Act of 2009 and to execute all related and necessary documents. ISSUE: As stated in the Citizens Participation Plan of the adopted FY2008- FY2012 Consolidated Plan, a "Substantial Change" is defined by the City of Corpus Christi to be a proposed new activity which cannot reasonably be construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project. As such, an additional public hearing is to be held to consider the additional funding. REQUIRED COUNCIL ACTION: In order to allocate additional funding for the Emergency Shelter Grant (ESG) Program as it relates to the Homeless Prevention and Rapid Re- Housing Program and the Community Development Block Grant (CDBG) Program of the American Recovery and Reinvestment Act of 2009, City Council must hold a public hearing to consider the "Substantial Change" for the 2008 Consolidated Annual Action Plan (CAAP). PREVIOUS COUNCIL ACTION: The City Council adopted the FY2008 CARP on April 15, 2008 (027664). FUTURE COUNCIL ACTION: Acceptance and appropriation of ESG Program funds as it relates to the Homeless Prevention and Rapid Re- Housing Program and CDBG Program funds of the American Recovery and Reinvestment Act of 2009. FUNDING: ESG Program funding in the amount of $1,393,181 and $911,062 of CDBG funding from the American Recovery and Reinvestment Act of 2009. —205— RECOMMENDATION: Authorizing the City Manager or designee to amend the FY2008 Consolidated Annual Action Plan to add $1,393,181 of ESG funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of CDBG funds provided from the American Recovery and Reinvestment Act of 2009. ADDITIONAL SUPPORT MATERIAL Background Information —206— Danii;I Gal logos Jt. Community Development Administrator BACKGROUND INFORMATION The U.S. Department of Housing and Urban Development has allocated $10.1 billion, made available through the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Public Law 111 -5) signed into law by President Obama on February 17, 2009. As such, the City of Corpus Christi has been notified by the U.S. Department of Housing and Urban Development grants awarded directly to our community regarding the following federal programs. 1) For the ESG Program, an additional $1,393,181 will be allocated to the Homeless Prevention and Rapid Re- Housing Program (HPRP). Eligible participants are persons that are homeless or at risk of being homeless and are at or below 50% of Area Median Income, have no housing options and lack financial resources /support network. There will be an initial consultation with a case manager. The eligible activities are for 1) financial assistance which includes short-term rental assistance (up to 3 months), medium -term rental assistance (up to 18 months) and security deposits, utility deposits, utility payments, moving costs and hotel /motel vouchers; and, 2) housing relocation and stabilization services such as case management, outreach, housing search and placement, legal services and credit repair; and, 3) data collection and evaluation which includes Homeless Management Information System; and, 4) administration costs for up to five (5) percent of grant. 2) For the CDBG program, an additional $911,062 will be allocated to the program. There has been no further guidance on the use of CDBG funds as it relates to the American Recovery and Reinvestment Act of 2009. What staff does know at this time is that any projects /activities funded with the use of these funds have to be "shovel ready," project/activities ready to start construction within a very short time frame, possibly within three (3) months. Also, there may be the requirement that projects /activities funded may have to create jobs. Staff does intend to release a Notice Of Funding Availability (NOFA) for the use of the above program funds. The NOFA will outline program parameters such eligible participants and activities. There is a shorten citizens comment period from the normal 30 days for a substantial amendment to 12 days that will be required. After the NOFA is released, Community Development will be accepting responses to the NOFA in the form of a Request for Proposal for the planned use of HPRP and CDBG funds relating to the American Recovery and Reinvestment Act of 2009. Thereafter, staff will bring back to City Council recommendations for HPRP and CDBG funding for projects /activities relating to the American Recovery and Reinvestment Act of 2009. —207— 11 FINAL REPORT CHARTER REVIEW AD HOC COMMITTEE 2008 -09 Members Bob White, Chair Sandra Alvarez John D. Bcii Mary K. Fant Bill Kopecky Leah Olivarri Bryan Stone Robert Tamez Henry Williams —211— LIST OF PROPOSITIONS AND RECOMMENDATIONS Proposition 1. Updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent. Proposition 2. Increasing the salary of city council members to $12,500 per year and of the mayor to $18,750 per year and allowing the Mayor and other members of the City Council or their families who are eligible to participate in any health and dental plans offered to city employees if they pay 100% of the premiums for such plans. Proposition 3. Changing the term limits on the Mayor and Council members to a cumulative lifetime maximum limit and disallowing a person to become eligible for election to a new term limit after not serving one full term. Proposition 4. Adding a position of City Auditor who shall be appointed by the City Council. Proposition 5. Clarifying the provisions concerning leases, franchises and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. Recommendation 1. Recommending that City Council elections be conducted on the second Saturday in May, being the statewide uniform election date, so long as such date does not conflict with Buccaneer days. Recommendation 2. Recommending that the City Council and City staff carefully monitor the 68 -cent property tax cap and its impact on the sales of City bonds over the next six months and consider inclusion of an amendment to the tax cap in the November election as necessary. — 21 21— INTRODUCTION The Charter Review Ad Hoc Committee was appointed by the City Council in March 2008 and conducted its first meeting on April 7, 2008. The first order of business was to set a public hearing date in order to receive initial public comment on the Charter and break the document down into different sections in order to schedule each section for more detailed review. The Committee conducted a public hearing on May 12, 2008, and received input on different areas of interest, including increasing City Council compensation, providing for the appointment of a City Auditor, simplifying referendum and recall petition procedures, considering a strong mayor form of government, and modifying the system for electing the City Council. City staff prepared summaries of Charter provisions from numerous other cities in Texas for comparison purposes. The Committee focused on the City Council compensation issue and surveyed the pay and benefits provided to Council members around the state. It also obtained extensive information on the functions of a City Auditor, and was briefed on the issue by the City's current independent auditor. Additionally, Chairman Bob White spoke with the City of Austin's internal City Auditor on the functions of that office for comparison purposes. The Committee held ten different meetings addressing various provisions of the Charter and receiving additional public input during the public comment period at each session. The Committee additionally received briefing materials on each issue including information on similar Charter provisions of other Texas cities. The Committee's work concluded with a public hearing on February 2, 2009, after the preliminary version of this Report was circulated for public review, and a special meeting on February 23, 2009. The following Final Report is the result of the above meetings, hearings and studies in which all points of view were considered and the different ways of doing things in other cities were compared and analyzed. The Committee was not unanimous in all of its votes on the different propositions, but the Committee agrees that the Final Report represents the sum of its efforts on behalf of the community in making a careful study of our existing City Charter and identifying the provisions in need of review and amendment. Initially, the Committee was appointed with the anticipation that a Charter election would be called in connection with the April 4, 2009 City Council elections. The Committee was advised by City staff that the Texas Secretary of State's Election Division had taken the position that Charter propositions could not be included on the April ballot until clarifying legislation was adopted in the Texas Legislative Session. As a result, the next election at which these Propositions could be considered would be November 3, 2009. -i13- PROPOSED CITY CHARTER AMENDMENTS Proposition 1. Updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent. Summary Changes in state law require an update to these provisions concerning petitions filed with the City. The initiative and referendum and recall provisions are clarified to include "residence" address and the option of providing the signer's date of birth or voter registration number. Also, in order to provide consistency with other petition requirements, the recall petition requirements are modified to delete information identifying the person circulating the petition and requiring an affidavit from the person circulating the petition to verify he /she witnessed each signature on a given page. The Committee believes that the Charter provisions should be kept consistent with State law and that the various petition procedures in the Charter should be standardized in order to avoid confusion. Actual Text Amendment ARTICLE I. HOME RULE GOVERNMENT Sec. 4. Initiative and Referendum. (e) In the event the council fails to take the proposed action within the time allotted, the city secretary shall furnish to the proponents petition pages for circulation among the registered voters of the city. Each petition page shall contain the following: * * * (2) The printed name, residence address, and date of birth or voter registration number of each voter signing the petition; ARTICLE II. CITY COUNCIL IN GENERAL Sec. 19. Power of Recall. * * * * * (c) The printed name, residence address, either the date of birth or voter registration number of each signer, and the date of signing; (d) The signature of each signer in ink; and 3 —214— (e) The date of issuance by the city secretary and the name and address of the person or group to whom the petition was issued. Proposition 2. Increasing the salary of city council members to $12,500 per year and of the mayor to $18,750 per year and allowing the Mayor and other members of the City Council or their families who are eligible to participate in any health and dental plans offered to city employees if they pay 100% of the premiums for such plans. Summary In 1975, the voters approved a Charter amendment increasing city council compensation from $50 per meeting to $100 per meeting subject to a $6,000 annual limit, with the mayor receiving an additional $3,000 stipend. In 1987, as part of an overall reorganization and simplification of the Charter, the voters approved an amendment setting the council members' compensation at a flat level of $6,000 and the mayor's compensation at $9,000. -As a result, the economic benefit of serving on the city council has been held at the same basic level since 1975. The Committee unanimously voted to increase the level of compensation to a total sum of $12,500 per year for city council members and $18,750 per year for the Mayor. The Committee also wanted to clarify the issue of health insurance and any other benefits available to the Mayor and members of the City Council. As part of this amendment, the Mayor and other members of the City Council or their families would be eligible to participate in any health or dental plans offered to city employees, provided they pay 100% of the premium for such plans. The new salaries and insurance participation provisions would go into effect immediately after the election and qualification for office of the city council elected in 2011. Actual Text of Amendment ARTICLE II. CITY COUNCIL IN GENERAL Article II, City Council, Section 7, Compensation. (a) Each member of the City Council, with the exception of the Mayor, shall receive a salary not to exceed twelve thousand five hundred dollars ($12,500.00) during each year of service on the Council, such sum to be paid in equal installments throughout the year. -415- (b) The Mayor shall receive a salary not to exceed eighteen thousand seven hundred fifty dollars ($18,750.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (c) The Mayor and other members of the City Council may participate in any health or dental plans for which they or their families are eligible; provided that they must pay 100% of the premiums for such plans. (d) The provisions of this section shall become effective immediately after the election and qualification for office of the city council in 2011. Proposition 3. Changing the term limits on the Mayor and Council members to a cumulative lifetime maximum limit and disallowing a person to become eligible for election to a new term limit after not serving one full term. Summary Effective 2011, this provision would change the existing term limits of eight (8) years as a council member or as mayor, and twelve (12) years in any combination, to a cumulative lifetime maximum limitation. Currently, the Charter sets the term limits on "consecutive" years, but this amendment would apply the term limits on an absolute basis. If a person runs for office, all prior terms served would be counted against the maximum term limit. A person who had previously met term limits and laid out one full term or longer would no longer be eligible to be elected to serve again as a council member or mayor. If a person is appointed to fill a vacancy, then that term would not be counted toward the term limit maximum. Actual Text Amendment ARTICLE II. CITY COUNCIL IN GENERAL Sec. 1. Membership and term. * * * * (d) Effective 2011, no person may be elected to serve more than four two -year terms as a council member, or four two -year terms as mayor, or six two -year terms in any combination as council member and mayor. —2165 Proposition 4. Adding a position of City Auditor who shall be appointed by the City Council. Summary The City undergoes an annual audit by an independent auditing firm each year, and the City Council and City Manager both have the authority under Article II, Section 28 to provide for an internal audit of the accounts of any officer or department. The Committee received input both from the City's internal financial staff and the current outside auditor on whether creating a separate position of city auditor would be duplicative or create any problems. Adding the position of City Auditor within the Charter would provide systematic internal auditing controls and reviews for the City. Since the City Manager is responsible for the overall administration and management of the City, the City Auditor would need to be appointed by and report directly to the City Council. The adoption of an ordinance detailing the procedures to be followed and future budget allocations for the City Auditor will determine the extent and scope of the City Auditor's functions, but establishment of the position in the City Charter would create the function as part of our City government. Actual Text Amendment ARTICLE II. CITY COUNCIL IN GENERAL Sec. 29. City Auditor. (a) The City Council shall appoint a City Auditor. The City Auditor may be removed only by a majority of the City Council. (b) The City Auditor shall have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. Proposition S. Clarifying the provisions concerning leases, franchises and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. Summary The Charter regulates the utilization of public property and authorizes the City Council to enter into leases and franchises. Leases or franchises for a period of longer than five years must be adopted at two separate readings by the City Council with notice 6 —217— published in the newspaper. The Charter also authorizes the City Council to delegate to the City Manager limited authority to enter into short-term leases, easements and use privileges for various purposes. The proposed amendment would clarify the authority to enter into license agreements when a lease, franchise or easement is not applicable. A license agreement authorizes a person to go onto public property for a particular purpose or use, and the term "use privileges" has been used in the Charter historically for this purpose. Typically, these types of agreements are classified as license agreements under the law, so the Charter amendment clarifies and allows the use of both terms. The proposed amendment also would allow City staff to enter into multi -year agreements; however, the Charter restrictions on leases or franchises longer than five years would continue to remain in effect. Actual Text Amendment ARTICLE PC. PUBLIC UTILITIES, FRANCHISES AND LEASES Sec. 1. Inalienability of Public Property. The control and use of the public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property of the city is declared to be inalienable by the city, except by ordinances not in conflict with the provisions of this charter; provided, however, the council may by ordinance grant, or authorize an officer or employee of the city to grant, sidetrack or switch privilege easements to common carriers, and daily, weekly, monthly, annual, multi -year leases, licenses or use privileges of public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property, all upon such terms and with the imposition of such conditions and limitations in such easements and leases or use privileges as the council may elect. No act or omission by the council or any officer or agent of the city shall be construed to grant, renew, extend or amend by estoppel or indirection any right, franchise, lease, easement, license or use permit affecting said public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property. Recommendation I. Recommending that City Council elections be conducted on the second Saturday in May, being the statewide uniform election date, so long as such date does not conflict with Buccaneer days. Summary Corpus Christi historically has conducted its City Council elections on the first Saturday in April. When State law was enacted requiring cities to utilize a uniform election date on the first Saturday in May, Corpus Christi sought special legislation to allow it to continue to hold elections on the first Saturday in April in order to avoid 7 —218— conflicts with Buccaneer Days. The Buccaneer festivities would compete with election day voting, and the night parade blockades Leopard Street Saturday evening making it very difficult to utilize City Hall for election returns and processing. In 2007, the Legislature changed the uniform election date to the second Saturday in May. Other local jurisdictions continue to utilize the uniform election date, and if the City were to conduct its election on that date cost savings could result from sharing election expenses. Additionally, voter turnout could be enhanced by greater publicity for the uniform election and affording voters the opportunity to participate in all of their local elections on the same date. The City Charter already allows the City Council the flexibility of moving the elections to the uniform election date in May, so no Charter amendment is required. The Committee simply recommends that the City Council use its existing authority to change the election date to the second Saturday in May. If in the future State law changes the uniform election date back to the first Saturday in May conflicting with Buccaneer Days, the Council still would have the legal ability to move the election back to April. Recommendation 2. Recommending that the City Council and City staff carefully monitor the 68 -cent property tax cap and its impact on the sales of City bonds over the next six months and consider inclusion of an amendment to the tax cap in the November election as necessary. Summary The voters of Corpus Christi passed a 68 -cent cap on property taxes at a referendum election conducted in 1980. Since that time, the Charter has been amended to eliminate certain provisions on appraisals included in that referendum that were not constitutional and provide that debt service for voter - approved bond issues would not be subject to the limitation. The Committee received input from the City's Finance Department on the comments made each year by different municipal bond rating agencies on the financial impact of the 68 -cent tax cap. Nearly all other cities in Texas are subject only to the limit set in the Texas Constitution, which is $2.50 per $100 of valuation. Of that limit, a city may not levy a tax greater than $1.50 per $100 of valuation for debt service obligations, and the remaining $1.00 per $100 of valuation is the limit for maintenance and operations purposes. A major concern is that when the City of Corpus Christi is competing with other Texas cities in the bond markets issuing bonds for needed projects, Corpus Christi bonds are less desirable to investors due to the lower tax limit. That distinction could result in higher borrowing costs for the City for its projects. 8 —219— Proponents of the tax cap were vocal in their opposition to any further amendments to this provision. Based on the successful 2008 bond election, the City will be issuing additional bonds this year, and the Committee recommends that the City Council and City staff carefully monitor any impact of the 68 -cent tax cap on the bond ratings and interest rates obtained by the City in connection with those bond sales. If negative impacts can be determined, the City Council should consider different options including repeal of the 68 -cent tax cap or replacement of the tax cap with a different limit specifically for debt service obligations. H:\SEC- DIR \GlendaG \Glenda - Work \CITY CHARTER REVIEW COMMITTEE\200912009 Final Repon_2.doc —220— 9 11 CITY COUNCIL AGENDA MEMORANDUM Date: April 21, 2009 Resolution adopting the FY2009 Consolidated Annual Action Plan which includes the CDBG, ESG and the HOME Programs; authorizing the City Manager or his designee to submit the FY2009 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the FY2009 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. ISSUE: U.S. Department of Housing and Urban Development (HUD) regulations require adoption of the FY2009 Consolidated Annual Action Plan (CAAP). PRIOR COUNCIL ACTION: On December 9, 2008, the City Council adopted the FY2009 Consolidated Annual Action Plan application process schedule. On April 14, 2009, the City Council held a public hearing as part of the Citizen Participation Process for projects to be considered and funded through the FY2009 CAAP. REQUIRED COUNCIL ACTION: Final adoption of the FY2009 Consolidated Annual Action Plan. FUTURE COUNCIL ACTION: Acceptance and appropriation of HUD funds for the FY2009 CAAP. RECOMMENDATION: Staff recommends adopting the FY2009 CAAP for Community Planning and Development Programs; authorizing the City Manager or designee to submit the FY2009 CAAP to the HUD; and authorizing the City Manager or designee to make changes to the FY2009 CAAP if required by the HUD. ADDITIONAL SUPPORT MATERIAL Background Information Attachment A (formerly Attachment D) —223— 4D iel Gallegos J D Administrator AGENDA MEMORANDUM BACKGROUND INFORMATION The City of Corpus Christi is required to receive comments on the proposed FY2009 CAAP for at least 30 days. Comments received will be included and submitted to HUD. The FY2009 CAAP identifies project/activities to be assisted, housing activities to be undertaken, and the programs and resources (federal, non federal, public and private) in support of those activities. The City has not received notice to date on its allocation for the FY2009 CARP program; however, for planning purposes the estimated allocation includes $3,350,000 for the CDBG program; $1,604,000 for the HOME program; and, $149,354 for the ESG program. In addition, reprogram funds and program income will also be included in the total amount of funds available as noted in the attachment. The FY2009 CAAP will be submitted to HUD on or around June 12, 2009 for review and approval with the fiscal year beginning August 1, 2009 and ending July 31, 2010. Attached is a listing of FY2009 CAAP projects /activities that were considered for funding at the public hearing on April 14, 2009 for the CDBG, HOME and ESG Programs which require your consideration and approval. —224— Rev. 04114/09 ATTACHMENT A CITY OF CORPUS CHRISTI FY2009 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2009 CDBG PROGRAM FY2009 CDBG Allocation (ESTIMATED) $3,350,000 Reprogrammed Funds $122,747 Program Income from Demolition liens and Property Clearance $204,762 Program Income from Single Family Rehabilitation Loan Program (Revolving Fund) $600.000 $4 277 509 TOTAL FUNDS AVAILABLE FOR FY2009 CDBG PROGRAM k# �4 ADA Improvements in CDBG Areas This project would address the needs of ADA Improvements to include a Master Plan in CDBG eligible areas It will include sidewalks where none exist and ADA compliant curb cut ramps. The 1 $188,938 implementation plan would be an IDIQ Method ( Indefinite Design,Indefinite Quantity) which will allow the design consultants to evaluate each identified priority area and determine scope, design and cost as well as perform construction management. The priority list is attached (see Attachment #1) itemizes the locations identified be the ADA Title 11 Comprehensive Evaluation and Transition Plan adopted by City Council on February 11, 2003 as well as other priority areas indentified by the Mayor's Committee for Person with Disabilities. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME, ESG and 15 $447,823 Continuum of Care federal regulations, conducts public hearings /meetings, reviews proposed projects and activities to determine eligibility, funding, monitors subrecipients, provides technical assistance, conducts environmental assessments of funded projects /activities and enforces Davis Bacon federal wage rate requirements. Clearance of Vacant Properties Program This activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, debris accumulation and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas. Liens may be placed against the properties to cover the cost incurred. 16 $200,000 Code Enforcement Program The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators (50 %), Management Assistant (50 %), Model Block Administrator (75 %) and Zone & Code Enforcement Administrator (25 %) will be funded in the amount of $343,218. Also, includes for a Neighhorhood Planner in the amount of $49,831. The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods within 19 $350,000 CDBG Target Areas that are in need of compliance assistance (including Model Block Program Site). The substantability efforts for these neighborhoods need continued monitoring and citizen compliance; inspections are conduced on particular code violations. Cole's Gym This is project is to replace two of the existing AC units for the gymnasium located at 924 32 $50,000 Winnebago. The existing units are past the life expectancy and new energy efficient units would lower over all operating cost. -;25- -1 >':?S� �T c -m.:.n rr ✓ L3 Y'ti .v_. £. S Demolition Program This activity will facilitate the securing and /or removal of unsafe structures. The removal of unsafe structures is a priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies structures that are occupied, unsecured and dilapidated. The Building Standards Board (BSB) consists of City Council- appointed members that review sub- standard building cases, where owner compliance is not obtained, and orders the repair or demolition of the structures presented. The BSB processes have recently been revised and sub- standard case procedures have been enhanced to provide efficient and effective management. Liens may be placed against the properties to cover the cost incurred. 36 .e -,`-i. °''° $200,000 Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural repairs (A) If the $6,500 remains the same we are requesting $500,000 to assist 77 homeowners, (B) If the grant is increased to $10,000 and the age requirement is lowered to 62 from 65, we project 132 homeowners seeking assistance;'therefore, we are requesting $1,320,000. 43 $400,000 Greenwood Senior Center Increased Accessibility Greater access is to be achieved by implementing public facility improvements of barrier removal for senior center, principally benefiting a low and very low income neighborhood where this center is located. The Greenwood center located at 4040 Greenwood is surrounded by an average of 29% of seniors living below poverty and also 44-48% persons with disabilities and /or those using mobility devices will benefit form the increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and realigning improved parking lot spaces. 44 $19,800 Health Department Increased Accessibility As these citizens approach the Health Department located at 1702 Horne Road, whether via motor vehicle or public transportation, persons using mobility devices or strollers for their children will benefit from the increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and improved parking lot spaces, i.e.: former staff only parking lot is now for general public use. Locally over 21 % of the population represents individuals with disabilities, including children as young as 5 years old. 47 $20,900 Model Block Program Neighborhood Revitalization This request would support the Model Block Program Neighborhood Site #1: support the anticipated commencement of Model Block Site #2 and would be essential in the continued support of projects in the twenty-two Neighborhood Initiative Program sites that are in the CDBG Target Areas. Special projects such as neighborhood clean up campaigns, materials for "do-it- yourself' repairs and " landlord workshops are conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts. Demolitions of substandard structures and clearance of properties are also a priority in order to eliminate slums and blight in the NIP Sites. Short term projects will include minor /major repairs for homeowners; long -term planning will be a direct benefit for aiding residents with mplementing projects. 51 $100,000 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Mortgage Services is currently servicing 850 different types of loans. 62 $58,700 -226- 2 d�3'�'S W`i r-y�i C6. t��i � m. Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Model Block Program, NIP Program: Support for the CCCDC; and Rental Rehabilitation Loan Program These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections and conducting homebuyer classes. 66 $622,000 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate CDBG funds to bear the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100%). 69 $17,000 RTA Bus Stop Landing Pads and Accessible Routes In CDBG Areas - Categories 1 & 2 The project will address various bus stops that are not ADA compliant. This project will address the non compliant issues of 1) ADA ramps 2) Accessible routes & ADA compliant bus stop landing pads for bus stops. This project would begin as soon as funds are available with the first phase being design for ADA compliance of deficiencies. Ths second phase would incorporate construction of the compliant facilities. Construction dollars will be allocated to the highest priority bus stops locations first, and then proceeding down the list until funding has been exhausted. The project will be matched 20/20/60% (CDBG /RTA/City Bond 2008). 70 $100,000 Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1-4 units will be rehabilitated and 10 -15 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans (580,000), Demolition (192,900); Relocation (232,000). 105 $610,000 United States Census 2010 Census 2010 is a decennial event to record and measure the growth and socioeconomic changes that have occurred. City is participating in full association with appropriate Census 2010 staff to submit the essential information necessary to meet all requirements. City Staff is focused on creating the necessary updates to both the census tracts and block groups, as well as, all annexed properties added within the past ten years. Staff is also participating with the 2010 Local Update of Census Address (LUCA) Project in order to verify all address are correct and assist the Census 2010 staff in that process. 118 $36,348 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gang activity in high crime neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. This request is for staff salaries for the support of the Weed and Seed Program. 119 $50,000 Zavala Senior Center Renovations This project will consist of repair to the roof of the facility and associated damage to the interior caused by leaks in the roof for the center located at 510 Osage Street. An evaluation of the foundation will also be conducted to determine the cause of the cracks in the dry wall in the hallway. 123 $25,000 - ?27- s t. v 7 a 4 :' °imf iY' =4t *ham `' efi -�.m�e�u 4^ . 124 p . $65,000 Coastal Bend Alcohol & Drug Rehabilitation Center d /b /a/ Charlie's Place Install security fence, rehabilitate the parking lot and paint the exterior of the building at the new facility located at 5501 IH 37 @ McBride Lane. Agency Capital Contribution $3,000 Coastal Bend Center for Independent Living Construction of home modifications/wheelchair ramps will provide 40 people with disabilities access to their homes and community, a city-wide project. 151 $100,000 Communities in Schools (CIS) The project will provide funding for Phase 1 of 3 improvements for the CIS /Gonzales Educational Enhancement Center located at 702 S. Brownlee. Phase 1 will consists of funding replacement of the deteriorated roof and installation; however, may expand scope to include additional improvements which is contingent on availability of funding. 176 $75,000 Corpus Christi Metro Ministries The project involves the demolition of the building at 1906 Leopard Street. The site will then be paved to provide parking for staff and volunteers that serve the shelters and soup kitchen. Agency Capital Contribution $5,000 363 $100,000 Del Mar College /Business Resource Center Provide for small business counseling & training assistance; assistance with job creation /retention opportunities for LMI & Section 3 persons /business. The requested increase is to provide for a Section 3 database. Section 3 is subject to HUD requirements to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. Agency Capital Contribution $1,020,919 389 $175,000 Mary McLeod Bethune Day Nursery, Inc. Remove old, rotting prefabricated Building "C" from site and build new 3,000 square feet Building C in place to serve low income and homeless child care located at 900 Kinney Avenue. Agency Capital Contribution $5,000 434 $75,000 Mental Health Mental Retardation Center of Nueces County Rehabilitate two buildings: Building one located at 1546 South Brownlee is proposing to replace the roof and paint. Building two for youth services located at 3733 S. Port Avenue is proposing to replace the roof. Agency Capital Contribution $5,000 456 $75,000 Neighborhood Centers of Corpus Christi, Inc. The Molina Neighborhood Center located at 614 Horne Road is in need of system upgrade and replacement of two (2) air conditioning units which are over 25 years old and two other units which already need repairs. The A/C units benefits the children in child care facility. Agency Capital Contribution $5,000 484 $46,000 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and /or elderly homeowners in Corpus Christi. CDBG funds will be used for materials, a city-wide project. 509 $50,000 CDBG PROGRAM TOTAL $4,277,509 -228&- ADOPTED FY2009 ESG PROGRAM * FY2009 ESG Allocation $149 354 5 t x Catholic Charities of Corpus Christi Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent homelessness. 553 $12,000 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). HMIS is a HUD mandated database for those agencies receiving ESG and Continuum of Care Grant Program Funds. 567 $7,467 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. 568 $12,000 Corpus Christi Hope House Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent homelessness. 587 $12,000 Corpus Christi Metro Ministries Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent homelessness. 616 $30,000 Mary McLeod Bethune Day Nursery, Inc. Provision of essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. 640 $12,000 New Life Fellowship of Corpus Christi, Inc. Payment of maintenance operations including rent, insurance, utilities and furnishings. 660 $5,000 - ?29- South Texas Substance Abuse Recovery Services, Inc. (STSARS) Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs; legal services and payments homelessness. 671 $5,000 The ARK Assessment Center and Emergency Shelter for Youth Payment of maintenance, operations including rent, insurance, utilities and fumishings. 687 $12,000 The Salvation Army Provision of essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and fumishings. 708 $20,000 Timon's Ministries Payment of maintenance operations including rent, insurance, utilities and furnishings. 728 $9,887 Wesley Community Center Payment of maintenance operations including rent, insurance, utilities and furnishings. 741 $12,000 ESG PROGRAM TOTAL $149,354 * Must participate in the Continuum of Care process -2302 ADOPTED FY2009 HOME PROGRAM FY2009 HOME Allocation (ESTIMATED) Program Income TOTAL FUNDS AVAILABLE FOR FY2009 HOME PROGRAM $1,604,000 $400,000 $2,004,000 P _ Tm y� 1_F94') '.1 L b S« b3�°I4 �$. �'y* -sy i` °` i {1`9�$pt3�L YiC�}� `�� 3` � �".E ',i}.,jC i� v¢ 7 C .13.�1.y%} "- f� �am..�? Si. �'�S zC t�� ti`ars"sZf.-c4A' ` i ��`^� 'H avy djq_ , SxR� x s i�i p.2�. gstS� {e�.vn fFX 9f,Ti. .�'i } 3s 3 t--- '�'�':'! Y ta' .... 3 Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. 755 $270,000 Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. 756 $160,400 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. 757 $400,000 Model Block Program Neighborhood Revitalization Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) Site #2 dedicated to the purchase of land, housing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood.The MBP is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area identified for potential revialtization and development. The MBP 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 redeveloment (infill housing); afffordable housing development and special needs housing. 759 $100,000 Cliff Maus Village (CMV) Trust CMV Trust, a 110 -unit complex located at 1458 West Point Road for Section 8 and low income residents, is requesting for additional funding for sewer re- routes for 10 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. 772 $110,000 Costa Tarragona II Costa Tarragona II will construct a 96 -unit development located on 6.9 +/- acres in Corpus Christi, TX which is located next to Costa Tarragona I at IH37 and 358. The proposed tax credit development will be 100% affordable serving families at or below 60% of AMI or less. 791 $350,000 Nueces County Mental Health Mental Retardation Center (NCMHMR) NCMHMR located at 1642 S. Brownlee will replace roof, refurbish fascia boards and paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. 839 $31,300 TX LULAC West Park Housing, L.P. This is a request for additional funding for a 124 -unit multi - family rehabilitation tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AMI. 862 $252,300 Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund - CHDO Provide interim construction for three homes and upon completion of the construction then convert into permanent mortgage financing for qualified households. 889 $130,000 TG 110, Inc. /Samuels Place Apartments - CHDO Replacement of roof and gutter system in a 60 -unit multifamily complex located at 4315 Carroll Lane benefiting a low to extremely low income property. 939 $200,000 - ?31- ' Subrecipient's/Other Entities/CHDOs are contracted thru the CCCIC or the CCHFC COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOs) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% ($240,600) of the entitlement for use by CHDOs within a 24 -month period. This is an estimated total and based on FY09 HOME allocation. -232 - A RESOLUTION ADOPTING THE FY2009 CONSOLIDATED ANNUAL ACTION PLAN WHICH INCLUDES THE CDBG, ESG AND THE HOME PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE FY2009 CONSOLIDATED ANNUAL ACTION PLAN TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE CHANGES IN THE FY2009 CONSOLIDATED ANNUAL ACTION PLAN IF REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The FY2009 Consolidated Annual Action Plan, which includes the Community Development Block Grant (CDBG) Program, the Emergency Shelter Grant (ESG) Program, and the HOME Investment Partnerships (HOME) Program, is adopted by the City of Corpus Christi. Furthermore, the City Manager or his designee is authorized to submit the FY2009 Consolidated Annual Action Plan to the U.S. Depart- ment of Housing and Urban Development and to make changes in the FY2009 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 10, 2009 '7,r • C _ 1 Elizabeth R. Hundley Assistant City Attorney for the City Attorney EHres230.doc Henry Garrett Mayor —233— Corpus Christi, Texas day of , 2009 The above resolution 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 -234- B CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on status of the storm water drainage utility rate development. STAFF PRESENTER(S): Name Title /Position Department 1. Oscar Martinez Interim Asst. City Manager, Public Works OUTSIDE PRESENTER(S): Name 1. None 2. Additional Background ❑ Exhibits ❑ Title /Position Organization -237- Oscar R. Martinez Assistant City Manager 0) E ._ ■ ■ CV fl c ft cij c ft cij cij 0 Lr) Lr) cij 1) cij c ft _o ft - 0 _c c 0 kci 0 c '5 a) H c 0 7).4- c a) E a) 0 E 0) Lr) c 0 ,L) 0 u 0 0 c (s) a) 0 ro a) 0 E.r) en