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Home My WebLink AboutAgenda Packet City Council - 06/23/20091111.01%11111104110/ 11:45 A.M. - Proclamation declaring the month of June 2009 as "National Safety Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 23, 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, habre 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 Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Marcus Denson, Waves Christian Fellowship. 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 Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting June 23, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of June 16, 2009. (Attachment # 1) 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) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving primary and secondary service agreements with the following companies in the following amounts for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0139 -09 as amended, based on best value to Video Plumbing, Inc., of Corpus Christi as primary contractor and Shoreline Plumbing, Inc., of Corpus Christi as secondary contractor. Estimated annual expenditure of $331,640, of which $27,636.67 is budgeted in FY 2008 -2009. The term of the Agenda Regular Council Meeting June 23, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) service agreements will be twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. The service will be used by the Wastewater Department. Funds are budgeted in the Wastewater Department Operational Budget in FY 2008 -2009 and have been requested for FY 2009 -2010. (Attachment # 2) 3. Motion approving the purchase of four (4) sport utility vehicles, three (3) pickup trucks and two (2) cargo vans from Philpott Motors Ltd., of Nederland, Texas for a total amount of $163,581. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The vehicles will be used by the Engineering Services, Municipal Information Systems (MIS) and Wastewater Department. Funding is available in the Engineering Services Fund, Maintenance Services Fund and Municipal Information Systems (MIS) Fund in FY 2008 -2009. (Attachment # 3) 4. Motion approving the purchase of hardware, software, and services to expand the Coastal Bend Regional 800 MHz Public Safety Radio System from Dailey & Wells, of San Antonio, Texas based on sole source for a total expenditure of $330,000. Funds are available through the Port Security Grant. (Attachment # 4) 5. a. Resolution authorizing the City Manager or his designee to accept a $55,139 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Attachment # 5) b. Ordinance appropriating a $55,139 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. (Attachment # 5) Agenda Regular Council Meeting June 23, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. a. Resolution authorizing the City Manager or his designee to accept a $270,943 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 6) b. Ordinance appropriating a $270,943 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. ( Attahment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid and Additive Alternates 1 - 3 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in an amount not to exceed $1,950,725.25 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties of Sandia, Texas in the amount of $280,227.50 for the Salt Flats Drainage System Improvements, Phase II, Sta. 17 +50 through Sta. 39 +20 for the Total Base Bid. (Attachment # 8) 9. 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 $430,355 for a restated amount of $454,355 for the O.N. Stevens Electrical Distribution Improvements for design, bid and construction phase services, and additional services. (Attachment # 9 ) 10. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $117,064.40 for a restated amount of $3,036,745.56 for the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive Project to undertake drainage improvements for the Triple Crown Road and Citation Drive Area. (Bond Issue 2004) (Attachment # 10) Agenda Regular Council Meeting June 23, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager or his designee to execute Change Order No. 8 to the construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $3,096,975.60 for a net change order amount of $1,842,634 for a new contract price of $8,944,628.38 for the Street Overlays Project, Clusters 1, 3 and 4 to overlay Holly Road from Ayers Street to Rodd Field Road. (Attachment # 11) 12. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $534,830 for 2009 Capital Improvement Program (CIP) Mansheim Area Wastewater Improvements for preliminary design, design, bid, construction phase services, and additional services. (Attachment # 12) 13. Second Reading Ordinance - Amending Sections 27B- 11(A)(11), and 27B- 12(B), Corpus Christi Zoning Ordinance relating to the certification of landscape plans; providing for penalties; and providing for publication. (First Reading 06/16/09) (Attachment # 13) J. PUBLIC HEARINGS: ZONING CASES: 14. Case No. 0509 -03, Roland & Robert Beck, d.b.a. South Texas R & R Rentals: A change in zoning from the "F -R" Farm -Rural District and "B -4" General Business District to "1 -2" Light Industrial District resulting in a change of land use from vacant use to light industrial use on the property described as Hudson Acres Annex Lot 10, Block 1, generally located on the southside of Leopard Street, approximately 500 feet east of Main Drive and 1000 feet west of Rhew Road. (Attachment # 14) Planning Commission and Staffs Recommendation: Approval of the "1 -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings. Agenda Regular Council Meeting June 23, 2009 Page 6 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Roland and Robert Beck, d.b.a. South Texas R & R Rentals, by changing the Zoning Map in reference to Block 1, Lot 10, Hudson Acres Annex, from "F -R" Farm -Rural District and "B -4" General Business District to "I -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 15. Resolution adopting the City of Corpus Christi's Energy Management Program to reduce energy and fuel consumption, increase energy efficiency, develop renewable energy initiatives, and implement a Green City Program. (Attachment # 15) 16. Motion to consider nominations to the Ingleside Local Re- Development Authority Board of Directors. (Attachment # 16) 17. Consideration of an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. (Attachment # 17) L. SPECIAL BUDGET PRESENTATION: Public comment will not be solicited on Presentation items. 18. Proposed FY 2009 -2010 Operating Budget: Enterprise Fund Overview. (Attachment # 18) M. PRESENTATIONS: (NONE) N. 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, Agenda Regular Council Meeting June 23, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. O. 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. Agenda Regular Council Meeting June 23, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 A: 00 p.m., on June 18, 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. Symbols used to highlight action items that implement council goals are on attached sheet. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 16, 2009 - 10:00 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. John Marez Nelda Martinez Mark Scott ABSENT Priscilla Leal City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Dr. Steve Harwick with First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Mark Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of June 9, 2009. A motion was made and passed to approve the minutes as presented. * * * * * *** * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Retired and Senior Volunteer Program Advisory Committee Olga Gonzales (Appointed) Margaret A. Ramsey (Appointed) Norma Franklin (Appointed) , Rachel Lerma (Appointed) Tony Lopez (Appointed) Mildred McDonel (Appointed) Tambi Parker (Appointed) Senior Companion Program Advisory Committee Shirley Tipton (Appointed) Maria Odeh (Appointed) Apolonia P. Cantu (Appointed) Servando Dimas (Appointed) Harry Falcon Sr. (Appointed) Marie Partington (Appointed) Priscilla Wolf (Appointed) * * * * • * * * * * * * —1— Minutes — Regular Council Meeting June 16, 2009 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 12). Ms. Carolyn Moon requested that Item 3 be pulled for individual consideration. Council members requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2009 -166 Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI -0034- 09, based on only bid and low bid for an estimated six -month expenditure of $297,355.25 of which $49,559.21 is required for FY 2008 -2009. The terms of the contracts will be for six months with options to extend for up to five additional six -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY 2008 -2009, and have been requested for FY 2009 -2010. Pencco, Inc. San Felipe, Texas Hydroflourosilicic Acid $156,836.75 • Ciba Corporation Suffolk, Texas Liquid Cationic Polymer $107,820 Grand Total: $297,355.25 Polydyne, Inc. Riceboro, GA Sludge Dewatering Polymer $32,698.50 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 5. ORDINANCE NO. 028203 Ordinance appropriating $2,341.88 into the Library Capital Improvement Program (CIP) Fund No. 3210, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $393.93 from unappropriated interest earnings from the Library Capital Improvement Program (CIP) Fund No. 3210 and $1,947.95 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $2,341.88. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 7. RESOLUTION NO. 028204 Resolution authorizing the City Manager or his designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY2009 -2010 under the Texas General Land Office's cleaning and maintenance assistance program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. -2- Minutes — Regular Council Meeting June 16, 2009 — Page 3 RESOLUTION NO. 028205 Resolution authorizing the City Manager or his designee to submit a funding application to the Texas Department of Housing and Community Affairs in the amount of $3,039,667 for the Weatherization Assistance Program and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 9. MOTION NO. 2009 -167 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 $78,980 for Rehabilitation of the Lift Stations FY 2009 for the design, bid, construction and additional services. • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station The foregoing motion was passed and approved with the following vote: Adame Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 10. MOTION NO. 2009 -168 Motion authorizing the City Manager or his designee to execute a construction contract with King - Isles, Inc. of Corpus Christi, Texas, in the amount of $1,278,193 for the CimarronfYorktown Wastewater Lift Station for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 11. MOTION NO. 2009 -169 Motion authorizing the City Manager or his designee to execute Amendment No. 9 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas; Texas in the amount of $344,000 for a restated not to exceed fee of $750,650 during construction of Disposal Cell 1 at Cefe Valenzuela Landfill for design, bid, construction and post construction phase services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye'; Leal was absent. 12.a. ORDINANCE NO. 028206 Ordinance appropriating $977,480 of anticipated revenues from the Texas Department of Transportation in the No. 3280, Parks Capital Improvement Program (CIP) Fund for the Bay Trail Phase 3 Project; changing FY 2008 -2009 Capital Improvement Program (CIP) Budget adopted by Ordinance No. 028006 to increase appropriations by $977,480. -3- Minutes — Regular Council Meeting June 16, 2009 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 12.b. MOTION NO. 2009 -170 Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas in the amount of $413,209.02 for the Bay Trail Phase 3 project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. MayorAdame opened discussion on Item 3 regarding the purchase of vehicles for various departments. Carolyn Moon, 4902 Calvin, suggested that the City use older vehicles from the fleet on the beach because of the elements. Director of General Services Jim Davis stated that the City generally does use older vehicles on the beach. Mr. Davis added that due to high corrosion on the beach, the trucks that will be used on the beach are a lease purchase. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009 -165 Motion approving the purchase of twenty -two (22) pickup trucks, one (1) intermediate sport utility vehicle, and lease purchase of three (3) pickup trucks from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0144 -09, based on low bid and low bid meeting specifications for a total amount of $583,184. The vehicles will be used by the Gas, Neighborhood Services, Parks and Recreation, Storm Water, Street and Water Departments. Twenty -one (21) vehicles are replacement units and five (5) units are additions to the fleet. Funding for the purchase of vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund, the Operational Budget of Neighborhood Services Department and the Operational budget of the Beach Operations Division. Lease purchase financing for three (3) pickup trucks will be provided through the City's lease /purchase financing program. Champion Ford Corpus Christi, Texas Line Items: 2, 4, 5, 8, 9, 10 & 13 $333,921 Mac Haik Ford Georgetown, Texas Line Items: 1, 3, 6, 7, 11, 12 $249,263 Grand Total: $583,184 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. MayorAdame opened discussion on Item 6 regarding funding from the Time Warner's Cable Franchise Agreement. Jack Gordy, 4118 Bray, spoke regarding the source of funding and the stipulation that equipment be kept locked up by the Public Access Users Group (PAUG). Council Member Marez asked whether the PAUG has had equipment. Director of Public Information Kim Womack explained that the money from Time Warner is used for the purchase of equipment and that this is the second request from PAUG Channel 10. Ms. Womack stated that generally the equipment is small video cameras that can be checked out through the President of the PAUG. Mr. Marez expressed concern regarding one individual being in charge of the equipment for the PAUG -4- Minutes — Regular Council Meeting June 16, 2009 — Page 5 and problems that could occur if a different PAUG president is elected. Ms. Womack reported that since the studio was dissolved, the PAUG board has been in charge of this process. Ms. Womack added that the City could take over this process; however, the PAUG has been successful. Ms. Womack suggested that this topic could be referred to the Cable Commission for review. Mr. Marez made a motion to table Item 6 to allow for the Cable Commission to review the equipment procedures. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye; Leal was absent. 6. TABLED Ordinance appropriating $1,232.32 from a grant providcd by Time Warner's Cablc Franchicc 2008 2009 Operating Budget adopted by Ordinance No. 027776 to incr ace appropriations by $1,232.32. * * * * * * * * * * * * * MayorAdame referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 13. Public Hearing to consider amending Sections 27B- 11(A)(11), and 27B- 12(B), Corpus Christi Zoning Ordinance relating to the certification of landscape plans; providing for penalties; and providing for publication. City Planner Bob Payne referred to a powerpoint on the proposed changes to the professional requirements for submittal to landscaping plans including the existing ordinance; the proposed change to the existing ordinance; planning commission and staffs recommendation; and the basis for the recommendations. Interim Assistant City Manager of Development Services Johnny Perales and Assistant Director of Development Services Faryce Goode -Macon were available to respond to questions. Council Member Martinez asked questions regarding dialogue with the stakeholders. Mr. Payne stated that the landscape ordinance was reviewed by the Unified Development Code (UDC) and several public hearings were held. MayorAdame asked whether the amendment would include an additional cost to citizens and if the change puts an additional burden on staff. Mr. Perales stated that there would be no additional cost to citizens and that staff is currently conducting the inspections. No one appeared in opposition to the zoning text amendment Mr Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE To consider amending Sections 27B- 11(A)(11), and 27B- 12(B), Corpus Christi Zoning Ordinance relating to the certification of landscape plans; providing for penalties; and providing for publication. Minutes — Regular Council Meeting June 16, 2009 — Page 6 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the storm water utility rate: 14. Public hearing to consider adoption of an ordinance to establish a storm water utility rate. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a background; storm water utility benefits; a summary of the utility policies; credit considerations; other Texas cities' charge methods; types of impervious and pervious cover; the utility rate structure; sample of the storm water and water bills; and timeline. The following topics pertaining to this item were discussed: how other cities are handling their water rates; credits for building parking facilities(rain harvesting systems); equivalent residential unit (ERU); the average residential water consumption; who attended the public hearings, where the meetings were located, the organizations invited, and the reaction from those meetings; whether the development community is in favor of the storm water utility; background on the establishment of the separate storm water fund; if this proposal will increase costs to citizens; the City's credit rating; the impact on low income areas and apartment complexes; data on impervious cover; apportionment data; completion of the master plan; what other communities are doing to create infrastructure; pervious cover; the flat fee structure for Lubbock and Laredo; and the fee structure based on the structure today without water rate increases. Mr. Chesney directed staff to provide proof that the taxpayers will not see an increase in rates by separating the storm water rate. Mayor Adame called for a brief recess to present proclamations and listen to public comment +* w e x t x ** x x Mayor Adame called for petitions from the audience. Patricia Longoria, 4501 Lamont, spoke regarding the status of the program Ending Chronic Homelessness. Dr. Gloria Scott, 4422 S. Alameda, spoke regarding the Juneteenth celebration and disbursement of federal funding. Carolyn Moon, 4902 Calvin, spoke regarding beach maintenance and driving City vehicles on the beach. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Jack Gordy, 4118 Bray, spoke regarding the elimination of the Sister City budget and the Student Exchange Program. Ron Hamilton, 3636 S. Alameda, spoke regarding homelessness and the Las Brisas plant. Mary Ann Kelly, 4302 Schanen, spoke regarding Council Member Leal's dedication to District 3; the storm water utility fee; and the position of an internal auditor. David Noyola, 4433 Valdez, asked the Council to reconsider placing the "dog park" at the Dr. Hector P. Garcia Park. Susie Luna Saldana, 4710 Hake!, spoke regarding the storm water rate affecting the lower income citizens and the Code of Ethics. Amy Granberry, 209 Pecos, stated that the Homeless Issues Partnership board met with business owners in the downtown area to work on the homeless solution. Ms. Granberry asked the Council to support the business owners request for more police patrol in the downtown area. Colin Sykes, 309 Aberdeen, spoke in opposition to the Las Brisas plant and asked the Council to consider a clean energy economy. Carlos Torres, President of the Corpus Christi Firefighters Association, spoke regarding maintaining the present staffing levels or increasing the staffing for the Fire Department. * *s.* ♦*••.e• * * * Minutes — Regular Council Meeting June 16, 2009 — Page 7 Mayor Adame returned to Item 14 regarding the public hearing to consider adoption of an ordinance to establish a storm water rate. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding information on the storm water utility rate; the water rates and costs of services from 1995; and charges for small parcels and large parcels of land. Tim Stephens, 5733 Ocean Drive, expressed concern regarding the allocation of the storm water tax and the fees based on impervious cover. Mr. Stephens stated that it is not right to encourage higher usage. Sheila Cudd, 7106 Fort Collins, spoke regarding the impact of the rate on apartment complexes and smaller residential users. Ms. Cudd said the plan is not fair by rewarding customers that use more water. Bill Kopecky, 3609 Topeka, spoke regarding the City, school districts, colleges, and Naval Air Station contributing their fair share of storm water costs. Jack Gordy, 4118 Bray, said the information on the storm water rate is misleading. Gloria Scott, 4422 Alameda, asked the Council to direct staff to decentralize the public meetings on this issue and hold a meeting in each district. Mary Ann Kelly, 4302 Schanen, spoke regarding the ramifications of the storm water rate and encouraged the Council to focus on issues regarding the change of the fiscal year and the internal auditor position. Carolyn Moon, 4902 Calvin, spoke regarding the effect of the storm water rate on residential and commercial customers. The following topics pertaining to this item were discussed: charges for homeowners that live on water canals; the matrix for determining rates; the Storm Water Advisory Committee; the recommendation from the Planning Commission; whether independent school districts are exempt; proof that the rate is revenue neutral; and the cost for billing. Council Member Marez encouraged staff to hold additional public meetings in the five districts. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. * * ** * * * * * ** ** Mayor Adame opened discussion on Item 15 regarding the approval of the FY2009 -2010 budget for the Crime Control and Prevention District. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 028207 Resolution approving the FY 2009 -2010 Budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame called for a brief recess. * ** * * * ** * * * ** Mayor Adame opened discussion on Item 16 regarding a business incentive agreement for GlobalWatt, Inc. Director of Economic Development Irma Caballero explained that this item is a resolution for approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and GlobalWatt and a business incentive project support agreement between the City and the 4A Board. Ms. Caballero stated that the contract is to attract a long term investment and establish new jobs in Corpus Christi to improve the economic base. —7— Minutes — Regular Council Meeting June 16, 2009 — Page 8 Ms. Caballero said that staff is recommending going into executive session to review the final terms of the agreement. Mayor Adame announced the executive session under Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect, GlobalWatt, that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Ms. Caballero stated that staff is requesting approval of the agreement to grant business incentives to GlobalWatt, Inc. for the creation of a minimum of 175 and up to 400 new full time permanent jobs in Corpus Christi and a capital investment of $189.5 million over a six -year period. Ms. Caballero added that staff is also recommending approval of the business incentive project support agreement between the City and the 4A Board for the administration of the project. Ms. Caballero provided a brief overview of the performance requirements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 028208 Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and GlobalWatt, Inc., for the manufacturing, management, and installation of photovoltaic technology and authorizing the City Manager or his designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the GlobalWatt, Inc., Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye "; Leal was absent. Mayor Adame referred to Item 17 regarding the Special Budget Presentation - Proposed FY 2009 -2010 Operating Budget- General Fund Part 2 covering the following departments: Municipal Court, Fire, Police, Street Services, and Solid Waste Operations. Assistant Director of Budget Eddie Houlihan provided information regarding the expenditures by function for Municipal Court, Fire, Police, Streets; and Solid Waste; health insurance increases; the Solid Waste 2010 full time equivalent comparison; and Solid Waste current fees. Assistant City Manager Oscar Martinez referred to a powerpoint presentation on Solid Waste Operations including an overview; benefits of the program to residents, the community, and the organization; the recycling contract; the clean city goals; challenges and opportunities; the 2010 commercial rate comparison; the 2009 residential rate comparison; the 2010 proposed program changes and benefits; and service changes. The following topics pertaining to this item were discussed: the alternative hiring program proposed to supplement the Fire Academy; the costs to the City in year four to fund the potential additional 10 police cadets funded through the economic stimulus funding; health insurance increases for Fire; how the increase in recycling is predicted; whether Dolphin Recycling will expand the options for recycling materials; the market for glass and plastic; the categories of materials the Minutes — Regular Council Meeting June 16, 2009 — Page 9 City currently recycles; the Recycle Bank program; converting to less frequent brush collection including enforcement and education; if the solid waste fees will increase; the current brush schedule; the Texas cities that have once a week trash collection; the impact to next fiscal year fcr eliminating full time equivalents in Solid Waste; recycling goals; the Clean City Coordinator position; whether there would be an increase in solid waste fees if the City stays at twice a week collection; an alternative funding stream for street services expenditures; and the reorganization of the juvenile court. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 18 regarding the Memorial Coliseum. City Secretary Chapa announced that Council Member Chesney would abstain from the discussion and vote on Item 18. Director of Economic Development Irma Caballero referred to a powerpoint presenting including an outline of the Request for Proposal (RFP); goals; site information; timeline; key proposal requirements; selection requirements; and discussion points. The following topics pertaining to this item were discussed: the possibility of cutting the timeframe; the commission of an economic impact study; consideration of removing the structure at the end of the process; providing an appropriate memorial for veterans; the project conforming to the Downtown Master Plan or the Bayfront Master Plan; the value of the property; including language in the RFP to redevelop, partially redevelop or remove the building; anticipated additional utility costs; background checks; the selection committee; and advertising of the RFP. Mayor Adame stated that he would like to chair the selection committee and have the committee include three council members. Council members gave direction on possible areas for advertising. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:04 p.m. on June 16, 2009. * * * * * * * * * * * * * -9- Requested Council Action: 6/23/09 Alternate Date: 6/30/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving primary and secondary service agreements with the following companies in the following amounts for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0139 -09 as amended, based on best value, to Video Plumbing, Inc., of Corpus Christi as primary contractor and Shoreline Plumbing, Inc., of Corpus Christi as secondary contractor. Estimated annual expenditure of $331,640.00 of which $27,636.67 is budgeted in FY 2008 -2009. The term of the service agreements will be twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. The service will be used by the Wastewater Department. Funds are budgeted in the Wastewater Department Operational Budget in FY 08 -09 and have been requested for FY 09 -2010. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background Purpose: Number of bids Issued: Number of bids received: Award Basis: This service agreement will provide for inspection of approximately 30,000 linear feet of newly installed waste water lines, sizes 6" through 15 ". It also covers the inspection and cleaning of approximately 39,000 linear feet of existing 6" through 15" lines to ensure wastewater is flowing properly. Manhole inspection for existing and new construction is also covered under the agreement. Seventeen Two Best Value The evaluation team, comprised of team members from Wastewater Department and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 10 %, (2) Past Performance 20 %, (3) Confined Space Certification Use 15 %, (4) Bidders Profile and Qualifications 20 %, and (5) Cost 35 %. The evaluation team reviewed each RFP Proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. Due to the integral nature of the individual items that comprise this service and because of the critical nature of and necessity for this service, it is in the City's best interest to award this contract to one PRIMARY and one SECONDARY contractor. Video Plumbing, Inc. was selected as PRIMARY and Shoreline Plumbing as the SECONDARY overall best value based upon the criteria set out in the bid. -13- Requested Council Action: 6/23/09 Alternate Date: 6/30/09 Price Analysis: When compared to current contract pricing, the cost has decreased approximately 8.4 %. Funding: Wastewater Department 4200 - 33400 - 530000 Michael Barrera, Assistant Director of Financial Services (361)- 826 -3169 Email: mikeb @cctexas.com TOTAL AMOUNT: —14— FY08 -09 $27,636.67 $27,636.67 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: JUNE 23, 2009 SUMMARY EVALUATION MATRIX Bid Invitation No.: BI- 0139 -09 Closed Circuit Television Pipeline Inspection —15— Video Plumbing, Inc Corpus Christi, Tx Shoreline Plumbing Corpus Christi, Tx Evaluation Criteria Maximum Points Points Awarded Points Awarded Resources 10 points 10 6 Past Performance 20 points 18.50 14.67 Confined Space Certification 15 points 10 6 Bidder's Profile & Qualifications 20 points 20 13.67 Pricing 35 points 31.60 35.00 SCORE 90.10 75.33 ANNUAL COST: $331,640 $299,425 —15— 3 Requested Council Action 06/23/09 Alternate Date 06/30/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of four (4) sport utility vehicle, three (3) pickup trucks and two (2) cargo vans from Philpott Motors Ltd., of Nederland, Texas for a total amount of $163,581. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Govemment Cooperative. The vehicles will be used by the Engineering Services, Municipal Information Systems (MIS) and Wastewater Department. Funding is available in the Engineering Services Fund, Maintenance Services Fund and Municipal Information Systems (MIS) Fund in FY 2008 -2009. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Funding: One (1) sport utility vehicle is an addition to the fleet. The vehicle will be used by MIS employees and will be assigned to personnel for operations. The remaining vehicles are replacement units and will be used by Engineering, MIS and Wastewater Department in the day to day operations of the respective departments. Replaced units are evaluated for potential reallocation to other departments and/or are disposed of through the City's standard surplus disposal procedures, including online and live auctions of vehicles. The vehicles from Philpott Motors Ltd., will be purchased through the BuyBoard, which is the Texas Local Govemment Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Maintenance Services Fund 5110- 40120 - 550020 Capital Outlay Item No's.: 68, 70 & 73 Item No.: 2 Municipal Information Systems (MIS) Fund 5210- 40470 - 550020 Items No's.: 1 & 3 Engineering Services Fund 5310 - 11180 - 550020 Item No.: 4 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com $53,955.00 $90,466.00 $19,160.00 TOTAL AMOUNT: $163,581.00 —19— Z cn 0 0 m U 06 U Z m O ~ I a o m- ml1a 0 0 era m(n O m • 0 - Z N CO O • Z 0 J Um2Z aO - W O m O 00p O D 0 U a 0 J la Le 0 0 1— 0 • c 0 .c m aZ N U c c W U D a` 0 w a Z 0 d 0 en 0 0 Li) W 0 0 o 0 o 0 o .- co N (00 in — 2 W E a m m m 0 = Y C > 0) 3 0 3 v d co 0- m 0 U C a C Q = a) fa E c'i 0 a 3 N P. C N U V d 0 co a) Ai V > la- a) a) 0 a) ea Z. U >c 0 0 C N = 0) co c 0 a) co N ❑ C E v N a t> > E J C C N N 3 N o M (y O C C - C = E a) L f0 C 07 a N .-. N > a) > 1 O E D d o. 6 co — d °i= E °'m c N L 0 C A N CO a) (n c 0- N t' C 3 C g t' al CD co O C N .... m C ..... C C O a) x CO al J 0 o a m o J o aL.t wN W O'r W� C a) 0 a) O at a) C O 0 al 0 N U 6 30 V E; N co a N y a) W 5 O LL w .d„ W> 0 W m C aa 'O N co i0 « N V —I 0 O U in ar li E2 liai 33 lief u_ aw r N —20— et; Award Total CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/23/2009 AGENDA ITEM: Motion approving the purchase of hardware, software, and services to expand the Coastal Bend Regional 800 MHz public Safety Radio System from Dailey & Wells, San Antonio, Texas based on sole source for a total expenditure of $330,000. Funds are available through the Port Security Grant. ISSUE: Purchase of equipment will provide seamless interoperable communications around Corpus Christi Bay. BACKGROUND INFORMATION: The purchase of this equipment will improve and expand the regional interoperable communications system. It improves the ability of the CCPD to provide seamless regional communications at all times and provide consistent, seamless communications coverage across the bay area to all regional layered security partners and emergency responders. To enhance the effectiveness of the radio system within the waterway areas, two repeaters with microwave system controllers will be installed - one in Port Aransas and the other on the new water tower on Padre Island. With this equipment, the radio system will be expanded north and east along the Intercoastal Waterway and will encircle Corpus Christi Bay with seamless interoperable communications. The Port Security Grant requires 25% matching funds which have been provided by the Law Enforcement Trust Fund. REQUIRED COUNCIL ACTION: Approval of purchase. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of the grant on 09/18/2007. CONCLUSION AND RECOMMENDATION: Staff recommends approval of purchase. Attachments: Quotation from Dailey Wells t1/4r M. J.WValsh Acting Chief of Police mikeWcctexas.com 886 -2605 -23- DAILEYWELT S`` 415 %RR/S Date: 1 June 2009 A I SSA PM Application Specific Abridged Proposal VIA E -MAIL PDF To: City of Corpus Christi, Texas Police Department From: Haidar (CJ) Hijazi (CJ@DWComm.com) Dailey & Wells Communications, Inc. (210)893 -6504 Re: PACICERY CHANNEL Project 25 Capable Radio System Expansion Dailey & Wells (DWC) will provide the following hardware, software, and services to expand the Coastal Bend Regional 800MHz Public Safety Radio System. This expansion will include adding an 800MHz site in the Packery Channel and includes all connections necessary to fully integrate this new site to the City of Corpus Christi Regional Switch. Detailed pricing is included on the following pages and the following is a synopsis of the total costs to facilitate this addition: Packery Channel Project 25 Capable Site 1 NET PRICE 4 Channel Site Hardware & Software Upgrade Regional IMC Switch Antenna System Total Hardware /Software Contract Tower Work $ 86,736.15 $ 51,000.30 $ 17,474.25 $ 155,210.70 $ 9,289.30 $ 164,500.00 Terms: Invoice Due 30 Days after Delivery (NET30) Delivery: 90 days After Receipt of Order (ARO) Pricing Discount: Sole Source (Comparable to H-GAC Buy Contract) Thank you for your interest in our products and services. Sincerely, Haidar (CJ) Hijazi Dailey & Wells Communications, Inc. 3440 E. Houston St. San Antonio, Texas 78219 (210)893-6504, (210)893-6702 CJ@DWComm.com assuredcommunications- -24— LEY PACKERY CHANNEL Project 25 Capable Radio System Expansion Part Number Description Equipment For: • Channel Gov Based EOACS Site w Downlinks SXBMTX STATION EGACS MASTR ill 606- 8'OMI +Z wweV: SXAP7V Instruction. Rack-uF EDACS GE 1 0 SXAP7N FEATURE BASIC CHANNFI SXSG7A FEATURE DIGITAL VOICE SUPPORT SXMDID MODEM.9600 BAUD SXMK3M Kit External Ref Csc4lator Connection. SXCAIU CABINET 83 IN SXCN3A PANEL SYSTEM EDACS SXPS9R Power Supply 17OVAC 80142 12r24VOC SXMN20 K11.Mmtrymg Brows. 59/834361n CantRack SXFNIA FAN. 120VAC SXCN12 OUTLET STRIP 120VAC SXCD5X KIT CABLEBASIC STATION in SXCD7D CABLE AUDIO/DA IA 81 SXCPSA KIT GETC,DOVIt4LINK SX007s CABLE INTERCONNECT.5FT,25 PAIR IX- ACS - 163.000 MULTIPLEXER.11 TERMINAL IX-DA191A MODULE 4 PORT ASYNCHRONOUS DATA IX -MA -404 ADAPTER.FOR 4 AND 5 PORT DATA MODULE IX- PSY6OAC Power Suppty,Y -Sens 60W AC IX -VF -25 MODULE.4 CHANNEL 4 WIRE E8M VOICET1 IX -MA-305 MODULE,4 CHANNEL VOICE INTERFACE Fetgipnrnnt For: IIiC SSSGIR SSSG5H MAMS -NAA3F MAMS -NFW2B MSMIM1 MSMIM1 MSCD1V MSCDIX Cards and I iryose} LICENSE. MAX SITE CHANNELS LICENSE.MAX EDACS AD SITES Module,Atdlo interface Card (AIC).UAC Software UAC m AIC Mode KIT TRUNKED SYSTEM INTERFACE(MUf KIT TRUNKED SYSTEM INTERFACE(MI MI CABLE.DATA CABLE.AUDIO Equipment For: Antenna CELWAVE PDR-2 084062 -YC-A X84)14893 -001 06810K -XT 7699 CA. 014840 -001 ON-014878-001 KT- 015520001 CA- 015474.001 KT- 014859 -001 KT -014873-001 KT -014809 -001 KT -014845001 CA- 015486001 04-015463-001 CN- 015464-001 FL -014812 7248 MCLRX -8AN DB -8922 CN- 015462 -001 F1 PNM -H CN-0154634101 CN- 015463-001 CA- 015465-601 System -W wl Dudexer COMBINER.SCH. STAND-ALCNE.800MHZ 0UPLEXER,BANDPASS/REJECT TAPE,VAPOR -WRAP 3 IN 50 FT ROLL ANTENNA,FIBERGLA55.10 060 KI T.ANTENNA SIDE MOUNT.ASPR614 CAE E.6FT,NMNM,JUrr:per for 121n CONNECTCRNJ FEMALEFOR 7/8in Coax Grounding IOLfor Centex Cable Cade,Coalda1,7181n.Law Loss Foam KR,HOISTING GRIP 7B IN GABLE KIT.HANGER.7 /8 IN CABLE.OTY 10 KIT,ANGLE ADAPTER,OTY 10 KIT.FEEDTHRU BOOT 7181N Cable.COaxta1.1 /210 Superilex CorneGer.N Male 1/2in Coax Comeclor.N Fernale.1/2m Coax Filter. 800- 9COMHe.N Male. flange MT. ,,75042 FILTER,RX BP,805- 82•MHZ MULTICOUPLER8064824MHZ,8CH. MCL LOAD,5001-1M 1WATT,BNC Corrnctor.BNC- M.lMin Coax Shrink Sleeve CONNECTOR.COAX.N -MALE HEX HEAD Comector,N Male 1l2n Coax Comector.N Male 1/2in COW( Cable.CoaxMI.1 /4n Ce!IOes A.S.A.P. Application Specific Abridged Proposal OTV Listea Disc NET/ea Ent NET 4 9 113 2251X) 25% 5 12 164 76 4 5 005 25% 004 :l 5 1 105 00 25% 8287 S 2 765 00 25% 5 2.07375 ,. 5 1.100 00 25% S 825 00 5 4 5 15000 25% $ 112550 5 1 5 3 003 00 25% $ 2.925 00 5 1 5 665 00 25% 5 498 75 S 4 5 93500 25% 5 70125 5 S 401X) 25% 5 3000 5 1 5 500 00 25% $ 375 00 5 t 5 10000 25% 5 12000 5 1 5 11500 25% 5 8625 5 1 5 3500 25% 5 2625 5 1 $ 2 510 00 25% 1.86625 5 2 5 9500 25% 5 7125 5 2 5 303500 10% 5 2.73150 $ 4 5 985 00 10% S 88650 5 4 5 34000 10% 5 30600 5 2 5 1 355 00 10% $ 1.21050 5 2 5 345.00 10% $ 31050 5 2 5 23500 10% $ 21150 5 4867500 3 325 2 2 160 8 2 1 4 4 4 4 4 60 5 101500 5 4 875 00 5 10 000 00 5 100 00 5 18 695 00 51869500 $ 81 00 5 80 00 5 7.600.00 $ 1.915.00 5 3000 $ 1556.00 $ 5 5 5 5 5 5 $ 500.00 105.00 40.00 45.00 3.25 30.00 40.00 85 00 30.00 275 40.00 3 45.00 S 240.00 $ 66000 $ 1 620.00 5 10.00 5 8500 3 2500 3 40.00 $ 40 00 $ 1.95 Total. 0 to 3 315 90 8 295611 3 30000 43000 2 92500 4548 ; 505 03 1.2) 00 3/500 120 00 86 2` 26.25 1 886.26 142.50 463.00 3 546.00 1 224 00 2 439.00 621.00 42300 Ki 736.153615 10% 5 91350 5 365400 1055 5 4.38750 5 438/.50 10% 5 9,0000 5 9.00000 10% 5 90.00 $ 9000 10% 5 16.825 50 $ 16 525.50 10% 5 16.625 50 5 16.825 50 10% 5 7290 5 145.80 10% • 7200 S 7200 5 5100030 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% S 5 5 $ 5 $ 5 5 5 5 5 $ 5 S 5 $ 5 5 5 5 5 5 5 S 7.500, 0 1,91500 30 CC 1.5550E 50000 105.00 40.0 45.60 325 30.00 40.00 8500 33.00 275 4000 45 JC 240 00 660.06 1.62000 1000 85 00 25 00 43.00 4300 195 5 5 5 $ 5 5 5 5 5 5 5 5 5 $ $ 5 5 5 5 5 $ $ 7.500.03 1 915 00 30 00 1.556 03 500.00 100 00 8000 135.00 1.056.25 3000 80 00 170 00 30.00 440 03 32000 90.00 240.00 680 03 1 620 00 40.00 340 00 100 00 160 03 160.03 S 11700 5 17.474.25 5 155 210 70 assuredcommanications- -25- imantinnis Date: 1 June 2009 Application Specific Abridged Proposal VIA E -MAIL PDF To: City of Corpus Christi, Texas Police Department From: Haidar (CJ) IHjazi (CJ @DWComm.com) Dailey & Wells Communications, Inc. (210)893 -6504 Re: PORT ARANSAS Project 25 Capable Radio System Expansion Dailey & Wells (DWC) will provide the following hardware, software, and services to expand the Coastal Bend Regional 800MHz Public Safety Radio System. This expansion will include adding an 800MHz site in Port Aransas, Texas, and all connections necessary to fully integrate this new site to the City of Corpus Christi Regional Switch. Detailed pricing is included on the following pages and the following is a synopsis of the total costs to facilitate this addition: Port Aransas Project 25 Capable Site 4 Channel Site Hardware & Software Upgrade Regional IMC Switch Antenna System Total Hardware/Software Contract Tower Work NET PRICE $ 86,736.15 $ 51,000.30 $ 16,775.50 $ 154,511.95 $ 10,988.05 Total Project»> $ 165,500.00 Terms: Invoice Due 30 Days after Delivery (NET30) Delivery: 90 days After Receipt of Order (ARO) Pricing Discount: Sole Source (Comparable to H -GAC Buy Contract) Thank you for your interest in our products and services. Sincerely, Haidar (CJ) Hijazi Dailey & Wells Communications, Inc. 3440 E. Houston St. San Antonio, Texas 78219 (210)893-6504, (210)893-6702 CJ.a DWComm.com assuredcommnnicat/ons- -26- PORT ARANSAS Project 25 Capable Radio System Expansion Application Specific Abridged Proposal Detailed Pricing: Part Number Description OTT Listlea Disc NET/ea pub: maid For; • Channel GETC Based EDACS SIte w Downlinks SX8MTX STATION .EDACS MASTR 711,806- 870MNZ. 100W n 316225500 25% SXAPTV Instnrekon ,Rack- up.EDACS GEIC: SXAP7N FEATURE BASIC CHANNEL 4 $ 1 105 00 25% SXSG7A FEATUREDIGITAL VOICE SUPPORT 4 5 2_76500 25% SXMDID MOOEM.960U 9AUD 4 3 1 100 00 25% SXMK3M K4. External Ref Oscillator Connection L $ 15000 25% SXCAIU CABINET 83 IN 1 5 390000 25% SXCN3A PANELSYSTEMEDAGS 1 5 66500 25% SXPS9R Power Supply 120VAC. 60Hz 1224VDC 4 5 93500 25% SXMN2D KwMou Ling HrSwr,69 /83 /86in Cab /Rack 4 5 40 00 25% SX9N1A FAN.120VAC 1 5 500 00 25% SXCNIZ OUTLETSTRIP.12OVAC 1 5 16000 25% SXCDSX KIT CAOLEBASIC STATION Al 1 $ 11500 25% 5X0070 CABLE.AUDIOIOA1A ai 1 $ 3500 25% SXCPSA KIT OETC,DOWNLINK 1 5 2 515 00 25% 5X0076 CAOLE.INTERCONNECT6TT.25 PAIR 2 3 9500 25% IX- AC5- 163-00C MULTIPLEXERT1 TERMINAL 2 $ 3 035 00 10% IX- 04.191A MODULE 4 PORT ASYNCHROI40US DATA 4 5 98500 10% IX- MA-404 ADAPTER FOR 4 AND 5 PORT DATA MODULE 4 $ 340 00 10% IX- PSY60AC Power Supply.Y- Senes.60W AC 2 5 1 35500 10% IX -VF-25 MODULE ,4 CHANNEL WIRE E&M VOICE T1 2 3 34500 10% Of-MA-305 MODLLEE 4 CHANNEL VOICE INTERFACE 2 5 23500 10% fouinnwnt Fnr IMO SS6G1R SS865H MAMS -NAA3F MAMS -NrW2B MSMIM1 MSMIMI MSCDIY MSCDIX Cards and 1 leanaaa LICENSE. MAX SITE CHANNELS LICENSE. MAX EDACS AD 81 TES MoOU!a,Audx) Itterla0e Cato (AIC).UAC Software UAG m AC Mode KIT TRUNKED SYSTEM INTERFACEIM!M) KITTRUNKED SYSTEM INTERFACE(MIM) CABLE DATA CABLE AUDIO Eaulnn,ent For: Antenna System • 60' w/ Dualexer CELWAVE POR -2 COMBR'IER.5CH. 6TPND- ALONE,800MHZ 024062 -WC -A DUPLEXER,BANDPASS/REJECT XE -014893 -001 TAPE,VAPOR -WRAP3 IN50 FT ROLL DB810K -XT ANTENNAFIBERGLASS. 10 dad 7699 KIT. ANTENNA SIDE MOUNT,ASPR614 CA- 014840.001 CABLE,6FT.NMMM,Jumper for 1121n CN- 014878 -001 CONNECTOR,N FEMALEFOR Min Coax KT- 015520 -001 Grounding Kelm Cellliex Cable CA-015474-001 CableCoaxlal7 /6in.Law Loss Foam KT -014859-001 KIT.HOISTING GRIP,7/8 IN CABLE KT- 014873-001 KIT,HANGER,7/8 IN CABLE,OTY 10 KT -014869-001 KIT.ANGLE ADAPTER.QTY 10 KT•014845-001 KIT,FEEDTHRU 800T,7/8 IN CA- 015466 -001 CaUe,Caaxial.l2in Supedlex - CN- 015463-001 Corxlector,N MaIe.12in Coax CN-015464-001 Connector N Female.12k1 Coax FL -014812 Fiber 3800- 970MHZ.N Mele,Flange MT,750W 7248 FILTER.RX BP,806- 824MHZ MCLRX -SAN MULTIC(RIPLER,806- 824MHZ0CH. MCL DB -8922 L0AD 50 OHM IWATT.BNC CN- 015462 -001 Connector ,BNC- M,1 /4m Coax,Snnnk Sleeve FIPNM -H CONNECTOR.COAXN- MALE.HEX HEAD CN- 015 4 6 3 -001 Conkwot,N Male 121n Coax CN-015463-0131 Cornecctor N Male 121n Coax CA- 015465 -001 Cable Coaxial. t /4in Celltlex 4 5 1 015 00 1 5 46/51X) 1 510000 00 1 3 10000 1 5 16 695 00 1 51889500 2 $ 01 00 1 5 60 00 2 3 110 1 2 1 160 8 2 1 1 4 4 4 4 4 60 10% 10% 10% 10% l0% 10% 10% ta% Ext MET 3 12.16875 $ 5 004 5 5 828 75 $ 3 2,073 75 • 82500 $ 5 11250 5 $ 2 925 00 5 S 498 it, 5 70125 5 5 30 00 $ 5 37500 5 5 120 00 5 • 86 25 5 1625 5 ,886_25 $ 71 25 S 2731 50 5 $ 88650 5 5 30600 5 $ 1,21950 $ S 310 50 $ $ 211 50 S 5 51350 5 43E / 50 $ 5.000 00 s 9000 5 16.825.50 $ 16825.50 $ 72 90 5 72_ 00 48 675 00 015 3 315 00 8 295 00 3300 00 450 00 29600 494 75 2 805 CO 12000 3/500 12000 86 25 25 1 886.25 142.50 546.3 00 3 54600 1 224 00 2.439.00 621 00 423 00 5 89 736.15 3 3 654 CD 5 438i 50 5 9 000 00 • 9000 5 16 625.50 5 16825 50 5 145.80 s 7200 S 01 000.30 5 750300 0% S 7,500.00 5 7500.00 $ 1,91500 0% S 1,915.00 3 1.915.00 $ 3000 0% 5 30.03 3 30.00 S 1.55600 0% 5 1.556.00 5 1.556.00 5 500 00 0% 5 500.00 s 5000 00 5 10500 0% 5 105.00 5 105.00 5 40.00 0% 3 40.00 5 80.00 5 45.00 0% 5 45.00 5 135.00 5 3.25 0% 5 3.25 $ 357.50 5 3000 0% 5 30.00 5 30.00 S 4000 0% S 40.00 S 80.00 $ 85 00 0% 5 85.00 S 170.00 $ 3000 0% S 30.00 5 30.00 S 2 75 0% 5 2.75 3 440.00 5 40 00 0% $ 40.00 S 320.00 5 45.00 0% S 45.00 S 93.00 5 24000 0% 5 240.00 5 24000 5 66000 0% 5 660.00 5 660.00 $ 1.62000 0% 5 1.620.00 5 11320.00 5 10 CO 0% 5 10.00 5 40.00 S 85 00 0% 5 85.00 3 340.00 5 2500 0% S 25.00 5 100.00 $ 4000 0% $ 40.00 5 160.00 5 40 00 0% S 40.00 3 160.00 $ 195 0% 5 1.95 5 117.00 3 16.775.50 Total. 5 154.511.95 assuredcommnnIcations- -27- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 23 2009 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $55,139 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). B: Ordinance appropriating a $55,139 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue Retired and Senior Volunteer Program (RSVP). The fund authorization will before the period April 1, 2009 through March 31, 2010 REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund RSVP from April 1, 2009 through March 31, 2010. PREVIOUS COUNCIL ACTION: On July 22, 2008, the City Council accepted and appropriated Federal funds in the amount of $55,139 from the Corporation for National and Community Service. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $55,139 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for Nation -I and Community Service. Sally vlik, Direct •r Parks - d Recreation Department sallvq@cctexas.com 361 - 826 -3464 Attachments: Background Information Notice of Grant Award _31— BACKGROUND INFORMATION Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the last grant period 824 enrolled volunteers contributed 130,432 hours during the 2007 -2008 fiscal year through 54 different non - profit organizations like the Corpus Christi Literacy Council, KEDTV, South Texas Botanical Gardens, American Red Cross, CC Lions Eyeglass Recycle Center and other community based organizations like Driscoll Children's Hospital, Christus Spohn Hospitals, USS Lexington, Alameda Oaks Nursing Center to name a few. RSVP dedicated 49,821.5 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence and Community Services Divisions. In addition, other City departments served include the Public Library; Corpus Christi International Airport; Museum of Science and History and Parks and Recreation. —32— Notice of Grant Award Retired and Senior Volunteer Program Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Award Information Agreement No.: Amendment No.: CFDA No.: 08SRWTX019 1 94.002 Award Description Project Period: Budget Period: 04/01/2008 - 03/31/2011 04/01/2009 - 03/31/2010 Authorize FY2009 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Current Year Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $55,139 $55,139 Grantee's Unobligated Balance (Carryover) $0 $0 10 Total Available 10 155,139_ 155,139 Cumulative Funding for Project Period Total Awarded in Previous Years Total CNCS Funds Awarded to Date $55,139 1110,278 Funding Source and Amount 2009-- OPE1 -P74- C00- 61413 -4101 $55,139.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 2/18/09. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after April 1, 2009 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https: / /egrants.cns.govi termsandconditions / RSVPTandC %20Revisede /a2020090115.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), -33- • V• ....,al ..ate Vail ,sJotice of Grant Award Retired and Senior Volunteer Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: 03/25/2009 Signature Date Lennette B. White Name (typed) Senior Grants Officer Title Lennette B. White, 215 -597 -2782 Grants Official Brenda Ross, (501)324 -5234 Program Official -34- Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $55,139 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $55,139 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: , 2009 Lisa Aguilar Assistant City Attorney For City Attorney H: \PR- DIR \SHARED\NGENDA ITEMS \Council Meetings \2009 \05G3C5\RSVP RESOLUTION authGrant 2009.doc Page 2 of 2 Corpus Christi, Texas Day of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\PR- DIR \SHAREDWGENDA ITEMS \Council Meetings \2009 \OE29tlelRSVP RESOLUTION authGrant 2009.doc Page 1 of 2 ORDINANCE APPROPRIATING A $55,139 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $55,139 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. 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 takes effect upon first reading as an emergency measure this the day of June, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: ,2009 Lisa Aguilar Assistant City Attorney For City Attorney H: \PR- DIR \SHARED\AGENDA ITEMS \Council Meetings \2009 \0643g1RSVP ORDINANCE appropGrant -RSVP 2009.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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney — Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \PR- DIR\SHAREDWGENDA ITEMS \Council Meetings \2009 \06-2111RSVP ORDINANCE appropGrant -RSVP 2009.doc 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 23, 2009 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $270,943 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. B: Ordinance appropriating a $270,943 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide funding to continue the Senior Companion Program (SCP). The fund authorization will be for the period July 1, 2009 through June 30, 2010. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund the Senior Companion Program from July 1, 2009 through June 30, 2010. PREVIOUS COUNCIL ACTION: On July 22, 2008 the City Council accepted and appropriated Federal funds in the amount of $270,943 from the Corporation for National and Community Service. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $270,943 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Sally G. lik, Director Parks .f d Recreation Department Sallvq(@cctexas.com 361- 826 -3464 Attachments: Background Information Notice of Grant Award —41— BACKGROUND INFORMATION The Senior Companion Program (SCP) assists low- income volunteers 60 years and over who are willing to serve as companions to homebound elderly and /or disabled persons 21 years of age or older. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping and minor housekeeping chores. They also provide critical respite care service for hospice support to family caregivers. Their assistance allows homebound clients to remain in their homes, delaying institutionalization while maintaining their independence and dignity. Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. In FY 2007 -2008, there were 62 companions enrolled in the program. These volunteers contributed 46,651 hours of service in our community. —42— Notice of Grant Award Senior Companion Program Grantee Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Award Information Agreement No.: 07SCWTX001 Amendment No.: 3 CFDA No.: 94.016 Award Description Project Period: Budget Period: 07/01/2007 - 06/30/2010 07/01/2009 - 06/30/2010 Authorize FY2009 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Previously This Award/ Total Current Current Year Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) Total Available $0 $270,943 S270,943 $0 $0 $0 $0 $270,943 $270,943 Cumulative Funding for Project Period Total Awarded in Previous Years Total CNCS Funds Awarded to Date $518,412 $789,355 Funding Source and Amount 2009-- OPE1 -P77- COO - 61413 -4101 $270,943.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 5/13/09. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2009 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https: // egrants. cns. gov /termsandconditions/ FGPSCPTandC %20Revised %2020090115.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The -43- Notice of Grant Award Senior Companion Program Grantee 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Signature Lennette B. White Date Name (typed) Senior Grants Officer Title Lennette B. White, 215 -597 -2782 Grants Official Katy Dooley, 512 -916 -7004 Program Official —44— Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $270,943 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $270,143 grant awarded by the Corporation for National and Community Service for Senior Companion Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: , 2009 Lisa Aguilar Assistant City Attorney For City Attorney H: \PR- DIR \SHARED\AGENDA ITEMS \Council Meetings \2009\062&S\SCP RESOLUTION authGrant 2009.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \PR- DIR \SHARED\AGENDA ITEMS \Council Meetings12009 \062135ZSCP RESOLUTION authGrant 2009.doc Page 1 of 2 ORDINANCE APPROPRIATING A $270,943 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $270,943 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. 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 takes effect upon first reading as an emergency measure this the _ day of June, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: , 2009 Lisa Aguilar Assistant City Attorney For City Attorney H:\PR- DIR \SHARED\AGENDA ITEMS \Council Meetings \2009 \062 SCP ORDINANCE appropGrant -RSVP 2009.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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \PR- DIR\SHAREDWGENDA ITEMS \Council Meetings \2009106A \SCP ORDINANCE appropGrant -RSVP 2009.doc 7 AGENDA MEMORANDUM June 23, 2009 SUBJECT: Airfield Perimeter Road Improvements (Project No. 10027) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid and Additive Alternatives 1 — 3 with Haas Anderson Construction Ltd., of Corpus Christi, Texas in an amount not to exceed $1,950,725.25 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00. FUNDING: Funding is available from FM Grants and Airport Capital Improvement Funds upon appropriation. RECOMMENDATION: Approval of the motions as presented, Fred Segundo Pete Anaya, P.E. Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map Director of Engineering Services Page 1 of 1 HAHOMeXEVINSVGENIAIR restored120041mprovements1 DO27PermI erROedVAwdCOnstrMemo.doc —51— BACKGROUND INFORMATION SUBJECT: Airfield Perimeter Road Improvements (Project No. 10027) PROJECT DESCRIPTION: The project provides for the construction of new Airfield Perimeter Road sections that will located inside the fenced air operations area. The perimeter roadway is deemed necessary for airport security and maintenance operations. The project completes the perimeter roadway around the "air side" of the Corpus Christi International Airport. The perimeter roadway sections that do not presently exist to be constructed under the contract are indicated on the site plan. See Exhibit D. The total roadway will consist of approximately 19,370 linear feet of 14 -ft wide roadway consisting of an asphalt pavement section, 6 inches of flexible base material that is 2 -ft wide with 6 inches of lime stabilized subgrade. The project will also include 19,370 feet of 3 -in. PVC conduits with pull wires, pull boxes, ground wire, and ground rods for a future security system. BID STRUCTURE: The project was bid as a base bid with three additive alternates consisting of the: • Base Bid comprised of construction of 17,600 linear feet of roadway, base and sub- grade. • Additive Alternate No. base and sub - grade. • Additive Alternate No. • Additive Alternate No. 1 comprised of construction of 1,770 linear feet of roadway, 2 comprised of the installation of 17,600 linear feet of conduit. 3 comprised of the installation of 1,700 linear feet of conduit. BID INFORMATION: Bids from three firms were received, and publicly opened on Wednesday, May 27, 2009. The total of the base bid and three alternates ranged between $1,950,725.25 and $2,216,264.41. See Exhibit B. The low qualified bid- was submitted by Haas Anderson Construction Ltd., of Corpus Christi, Texas. The FM has requested the City to expedite the award of the contract. FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP funds. The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 150 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed —52— I ExhibitA the bids and recommend award of the Base Bid and Additive Alternates1, 2 and 3. FUTURE COUNCIL ACTION: A proposal for the required engineering materials inspection, testing and laboratory services contract is in preparation. Council will be requested to authorize the execution of the contract if required. Council will be requested to authorize any change orders as may be required. —53— Exhibit A Pane 2 of 2 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: August 19 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements ($179,021.00), Airport Rescue and Firefighting Facility ($170,044.00) and Airfield Equipment and Maintenance Facility ($25,000.00) (Motion 2008 - December 16, 2008 — Second Reading Ordinance - Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTIONS: August 2008 - Administrative award of a geotechnical contract to PSI of Corpus Christi, Texas in the amount of $6,392.00 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. —54— Exhibit A -1 Page 1 of 1 BID SUMMARY TABULATION OF BIDS -55- Exhibit o e 1 of 5 k �e CORPUS CNRISTI. TX 78469 361 - 2994721 mltsr Days .§k' ■a W.T. LEASE SERVICES, 1044 FM 716, P.O. BOX 1289 FREMONT, TX 78378 361 -368 -3626 • 3 191,888.80 e WA an |n » TIME OF COMPLETION: ENGINEERS ESTIMATE: k I4�/ §$m &g��. g!\» 4 »z> alt1 § \ CCIA AIRFIELD PERIMETER ROAD IMPROVEMENTS _k -ka §( k | SUBTOTAL BASE 81D SUBTOTAL ADDITIVE BID ALTERNATE NO. 1 SUBTOTAL ADDITIVE BID ALTERNATE NO. 2 !SUBTOTAL ADDITIVE BID ALTERNATE NO. 3 "VITA, RIfl- • B z || vn, c rncrnncI.. BIDS OPENED: -55- Exhibit o e 1 of 5 0 w N m TABULATION OF BIDS Exbib@ B Page 2 of 5 BERRY CONTRACTING LP DBA BAY Ltd. P.O. BOX 9908 1 _ CORPUS CHRISTI, TX 78469 $ 80.000.00 S 5,000.00 $8Q88 S8i73 N N N N M u'Sr O M M S 55,489.001 $ 20,781.60 888g88852 mg ry m N N E N O 0 M M»»»» `m o3N N N O I < $ 489,480.00 S 49,56110 �888Q8RX l� P N N NRS: N M»» oi O M N N !1 $ 80,000.00 $ 5,000.00 888888 81NtVO—r O^ .......611.941491.44 1l °e,88 co 0G S 24.00 $ 130.00 S 2,800.00 S 4.70 5888, oY)$N vl N N N N $ 67.00 S 2.50 288 OQR �%il MOO so W.T. LEASE SERVICES, INC. 1 $ oRN M1 d0 a F�yR YS $ 55,746.20 $ 12,292.30 $ 5,420.40 $ 4,578.00 $ 6,000.00 $ 2,205.00 $ 5,198.85 S 8 o O r My. $ 105,508.00 ' S 4,780.00 $ 38,808.00 $ 25,132.80 $ 23,477.29 $ 9,472.00 $ 99,122.40 $ 125,340.61 8 y mmV 11nn » N $ 366,235.07 $ 46.823.40 p8 88 1n MlO N N N 88 P. qNq O w ». LL^ ILL UNIT PRICE $ 55,746.20 $ 12,292.30 $ 5,420.40 $ 10.90 $ 4.80 $ 8.30 S 673.40 RSSSgS 66 M M mri8�gr M N N N °5 e N M S 1.80 $ 168.60 $ 43.00 S 3.30 SR kir N N E 2.90 $ 2,500.00 8 Q c N z o�"1`WF'.. w cA 8$ 1§ �g5 3 88888.!8.8$ °4 i NMNNCN 88882 $ 88 �0m0PgcY MpN N� lq 5:., 284,130.74 $:: 40753:70 R NO. j��_33j ge- N CNN.NNp»NN WO U $ is 00'000'E 4 00'000009... S 8888NI,B N N N» CN pN N N $ ' 4.75 m$�OO'Oat�i. ONO GN HO GMN N E 57.10 8 2.35 pN p»CNMI. 0p05O� M N» F g O r 0 n N ' O n N Y A O Rd m 5 r N r qP N O O. n N n 10 10 r p R t N ?JJ 0 N J LL Y JIONQUUUJJNQN(/ID Y U Y Y Y LL LL Y U) Y Z Y, U(gj�NJ LL LL N JJ N CCIA AIRFIELD PERIMETER ROAD IMPROVEMENTS g8d al gnu Y y °s e r DESCRIPTION Mobilization (Base Bid) Haul Roads Demolish Cons Pads, Utility Poles and other Hems in conflict with Perimeter Road as required to construct proled Remove Chain Link Fence and Foundations Remove Asphalt Pavement and Base (Perimeter Road) 8} 5 V 1 E@ 5 Q 1 pa UU{� Drainage/Roadway Excavation (Dispose of O6 -Site) Embankment in Place From Stockpile I yW j WFm 17 RCP (HS -20) (Cross Culverts) Reinforced Concrete Slope Paving (5') P g iRRh) R om d j$y$ rK 'Trench Safety Allowance for Ozone Action Days C �_ O 1 1 1 1 ii C PROJ NO. GAL PROJ NO. 4BULATEO BY: ATE PREPARED: aa$ $ 0 a �$ONNNNNON' as ddddddd y d$ .4rr0 Fj �jry 0!g7 !g3 xr 22022 ALLOW O W=-N IOVNPrOPO-NNONeCGsRNNNN Exbib@ B Page 2 of 5 ADDITIVE ALTERNATE 1 TABULATION OF BIDS s BERRY CONTRACTING LP DBA BAY Ltd. I | |`; § 2 § AMOUNT I E ],000.001 • 330.00 • 00'008 f 00 .000'E f nn s0 t °k[#■! .� ........... ##!¥! ;n ui • 0022. $ 10,022.40 43,302.00 S 4,840.00 E 30.818.88 E 4,945 00 'I,„ 1 tvei PoeL t w#; 9 Rae .@a S 11.00 S 8.00 S 580.00 S 34.00 S 180.00 a RM $ 4 30 ®' SIO W.T. LEASE SERVICES, INC. 1044 FM 718, P.O. BOX 1289 1 PREMONT, TX 78376 AMOUNT E 10,485.15 f 1,063.50 f 2,753.00 f 3,113.55 f 1,025.00 f 692.35 88 :- re, : i $ 650.00 ' $ 702.70 $ 6,096.00 1 $ 3,887.25 f 986.69' $ 750.00 f 9,976.00 S 10,222.85 S 49,230.25 S 5,048.00 #n� UNIT PRICE $ 10,485.15 S 108.35 $ 137.75 S 3,113.55 $ 10.25 f 899.20 E 7.50 f 10.05 f 3.25 f 702.70 E 38.10 f 54.75 $ 1,255.40 S 5.00 f 2.15 f 163.20 f 47.75 f 4.35 E < X k /2 a \ƒ < < ? *#8SS 4 4\ \» ■■ ■ ` ..... SR §[!!# w.= f 82503 $ 8,080.00 $ 8,185.00 $ 2.84000 $ 1.125.00 f 11,600.00 $ 10,390.24 f 39,178.00 S 3,018.00 # q! a. ars %Rs9 �. � #° arle a .» f 825.00 S 50.50 f 115.00 S 3,700.00 f 7.50 E 2.50 f 166.00 38.00 S 2.80 »._ R z.-°,9•- a! 761 1,470 200 1 100 71 0.77 150 4,640 62.64 1,031 1,160 426.04 ! 0 |,Wl,&<O0 Wa2&&§0«§.,, CCIA AIRFIELD PERIMETER ROAD IMPROVEMENTS R. MkIIN R. Lawrence, P.E. 1/2112008 ' SPEC DESCRIPTION 0-500 Mobllmtbn (Add. Alt. No 1) 0 -300 Instal Lighted Cones (Furnished ty Alrpor) G-300 Install Mt46- Barrier Barricades (Furnished by Airport) 0600 Kai Roads 0-700 Remove Asphalt Pavement and Base (Perimeter Road) P -151 CleaMn and Oru:tine if !!! \| 1111 *BR .d.d.ti, D -754 RebMaced Concrete Sbpe Paving (5") T-901 Sewing T-904 Sodding TX -290 Line Treated Subgrade (OC) (6") TY -MO IMF INYD. COM. OR OK (SLURRY11 } k7: [ ! =| rc2i \/ $ d|§- kM2 i\4■ a9 :2rr,, R§ §■ ;;;!| :4Th {I}2$ ExA■■ e 3 of 5 ADDITIVE ALTERNATE 2 TABULATION OF BIDS 0 J z m O n j 1 a. wn 49 VD M M 0 N ■2 N O N ri N N M 12 g 8 8 A 3 F. 9 nH z 1 1 W 0 916QUAAT1TIES N N n 0 8 m d M 0 M 8 4 pM O Nyy nry4 f N 5 0 t 7 J 6 J • • P4 N —58— Exhibit B Page 4 of 5 ( § ( 0 0 k ] —59— Exhibit B e 5 of 5 BERRY CONTRACTING LP DBA BAY Ltd. I ■2111; ■ |K e°■ k f � 8882 #£, -In K i� ,■B ` -° W.T. LEASE SERVICES, INC. 1044 FM 110, P.O. BOX 1200 : ° ! UNIT PRICE AMOUNT $ 9.30 S 10,695.00 S 961.80 $ 5,789.00 B° q \ � \/ 1 e ^/ \6 8 . ci .- / 5 CCU AIRFIELD PERIMETER ROAD IMPROVEMENTS |§ | as 3-3 PVC SCH 40 Conduits, Pup Wins MM AB CountetpdseGtotf Wire o,e onion am around Rees Entailed H Add9ve Bid Apemen No.1 a !| u2 TABULATED BY: DATE PREPARED: BIOS OPENED: | | §| ■ ;§§ —59— Exhibit B e 5 of 5 Airfield Perimeter Road Improvements (Project No. 10027) Preliminary Project Budget June 23, 2009 FUNDS AVAILABLE: Aviation CIP FAA Grant Funds $2,299,131.33 Airport Capital Reserve CIP Fund $ 121,623.92 Total $2,420,138.25 FUNDS REQUIRED: Construction Contract $1,950,725.25 Project Contingency (10 %) $ 195,000.00 QA/QC Testing Contract $ 41,000.00 Engineering Design $ 179,021.00 Geotechnical Investigation $ 6,392.00 Construction Inspection (2 %) $ -0- Survey (in A/E contract) $ -0- Engineering Project Liaison $ 20,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00 TOTAL $2,420,138.25 —60— EXHIBIT "C" Page 1 of 1 File : \ Mproject \councilexhibits \exh10027.dwg NuEas NUEC'ES Bay N et YcGLWN PROJECT LOCATIONS LOCATION MAP NOT ID SCALE HWY 44 ADDITIVE BID SITE ALTERNATE N0.1 PERIMETER ROAD MCGLOIN ROAD BASE BID SITES PERIMETER ROADS BEAR LANE SITE PLAN PROJECT # 10027 NOT To SCALE EXHIBIT "D" AIRFIELD PERIMETER ROAD IMPROVEMENTS- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -12 -2009 8 AGENDA MEMORANDUM City Council Action Date: June 23, 2009 SUBJECT: Salt Flats Drainage System improvements Phase 11 Sta. 17+50 through Sta. 39+20 Project No. 2160 / CIP No. SW 24 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $280,227.50 for the Salt Flats Drainage System Improvements Phase II Sta. 17 +50 through Sta.39 +20 for the Total Base Bid. ISSUE: The Salt Flats Drainage System consists of box culverts and an open channel on the north side of the City from Leopard Street to the Ship Channel. Construction of Phase! of the project was completed in 2000 and Phase II deals with the concrete lined channel from the end of the existing box culverts at Nueces Street to the south side of Port Avenue Bridge. These improvements will significantly lower the 25 -year storm hydraulic gradient along the channel. • FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2009. RECOMMEND TI N: Staff recommends approval of the motion as presented. Pete Anaya, P.E., Director of Engineering Services 826 -3781 peteanfa�cctexas.com \ :tit ri 11. lira.. 1)irt r or Storm \ a ter \ Street 361'826-1875 or 361:82 -1 872 riec a ccte\[b.Lo111 )perat ion, Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map ltusoiS2m0I.tr WEtMAINGEkDRAIHA {;P2160 SA: f IA A f:6COWS1n\1l 2 AGENDA MI .MO —65— BACKGROUND INFORMATION SUBJECT: Salt Flats Drainage System Improvements Phase II Sta. 17 +50 through Sta. 39 +20 Project No. 2160 / CIP No. SW 24 PROJECT DESCRIPTION: This project consists of drainage channel cleaning, concrete liner removal, excavation, compaction, new concrete lining and miscellaneous items of work required to complete the project in accordance with plans, specifications and Contract Documents. BID INFORMATION: On May 20, 2009, the City received proposals from ten (10) bidders (see Exhibit "B" Bid Tabulation). The bids range from $280,227.50 to $1,132,150 for the Base Bid. The estimated cost of construction is $325,410. The low bidder was submitted by Bridges Specialties, in the amount of $280,227.50. Minor bid errors were noted with two of the other bidders that did not affect the low bid. City staff and the consultant, Urban Engineering, recommend that the contract be awarded to Bridges Specialties of Sandia, Texas, in the amount of $280,227.50 for the Base Bid. CONTRACT TERMS: The project is estimated to require 120 calendar days, with completion anticipated in November 2009. PROJECT BACKGROUND: The Salt Flats Drainage System consists of box culverts and open channel on the north side of the City from Leopard Street to the Ship Channel. This area has a history of flooding and the City began a project to address this issue in 1999. The hydraulic analysis performed for the project shows that, with the existing conditions, storm water overflows the existing channel walls during a 25 -year storm. Construction of Phase I of the project was completed in 2000 and included improvements in the Leopard and IH 37 area and new parallel box culvert along the existing box culverts from IH 37 to just north of Nueces St. where the box culverts end and the open channel begins. Phase II of the project deals with the concrete lined channel from the end of the existing box culverts at Nueces St. to the south side of Port Avenue Bridge. The first 1370 feet of the channel will be cleaned of silt and debris and the next 800 feet will be lowered approximately 2.5 feet to increase the hydraulic cross - sectional area. These improvements will significantly lower the 25 -year storm hydraulic gradient along the channel. Phase 111 will complete the Salt Flats Drainage System improvements and mainly consists of deepening the existing channel from Port Avenue Bridge to the Ship Channel. Phases 11 and III required a U. S. Army Corps of Engineers Permit for potential impacts to wetlands that was submitted in May 2008 with final permit approval received April 2009. —66— EXHIBIT "A" o.,n,. 1 .,f 1 PRIOR PROJECT ACTIONS SUBJECT: Salt Flats Drainage System Improvements Phase II Sta. 17 +50 through Sta. 39 +20 Project No. 2160 / CIP No. SW 24 PRIOR COUNCIL ACTIONS: 1. February 9, 1999 — Motion authorizing the City Manager, or his designee, to execute Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $161,000 for Salt Flats Drainage System Improvements. (Motion No. M1999 -038) 2. 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 ACTIONS: 1. April 7, 2008 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $49,500, for a total restated fee of $210,500, for Salt Flats Drainage System Improvements. 2. February 25, 2009 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $22,000, for a total restated fee of $232,500, for Salt Flats Drainage System Improvements. —67— EXHIBIT "B" Page 1 of 1 co uJ w F H co re U co a 0 O O m u- O 0 Z O F U _Z Q cc F- W Z 0 z w a O Z t- ee 0 0 w 1- C c w� 0 O N N m co w2 gW Q 0 m O co i IIVIH I t: 4>3Z3,410.00 SLC Constr., LLC 1065 Rodeo Dr. Aransas Pass. TX 7833A I AMOUNT O 0 00 00 1 co oo m (0 MID 6 CO a w w w 00 0 0 0 0 000 0 r O in v1- 8N � H cp vi 6-6. N to w w w 00 N f Of !- W �% Za 0 O 8 8 8 ` N 000 m w m (0 (0 8 �O(pp 6 Q w fA w 8 8 8 8 8 8 N N o0O N.- 0 r w In C w O N 1. w di Nw IAMOUNT 8 S 0 0 o 6 6 O (O 0 IS) N N .— N 69 CO w w 8 88p8 8 88 m O _S 10 1) O N r- m N O m O6w m- 61 01 en w 69 N N e et IS UNIT PRICE o 0 8 8 0 V - g s •w fV (O w 69 w 8 880 0 8 ; «CDs6 8 0 to N w ea to • Garrett Constr. Co. P. O. Box 1028 Ingleside, TX 78362 AMOUNT 0 8 0 0 0 0 r 6 (00 6 V. N Nw 69 69 w Ov 0 0 0 O ((00 ° n 0 V 0 6 6 w 69 69 $407,725.90 UNIT PRICE 00)) 00 00 0 0f9 0 100 0 N CO 09 0 CO CO 00 00 00) p00 NN9 CO n 00 00 0 r _ -w w w 6w 69 Bridges Specialties 117 Stoval Sandia, TX 78383 D N 0 0 0 0 (NO N 6 6 0 (0 0 L- co m .- to 6 N 49 00 0 0 00 00 0 ' 0 0 0 O 0 m 0 In ON .- O w Of w w N !» !n wNw 10 10 N o00 UNIT PRICE LID N 8 0 0 m N 6 0 OD m 0 in 6w 10 1) 0 0 0 O 6 0 0 (0 8 w CO o w 0 w w w o m w CO m -J 0 SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE II STA. 17 +50 THROUGH STA. 39 +20 H Z Z T a1 w co 0) J J J U u.CQ > 0< 0) J J W U J 0 r r '- 0 /Mm (00 •- 'DESCRIPTION o «O m O LO re) o m ++ N J y O N N N ,- 2 O N .R, N 6 C 03 in N 0) 0 N O it N 2(`p E E o 0 .m.. Q t} `E al N 0) if) V V N N li 8 E N N N C C mRN dai m m a Q N Z (n 0 0 m in 0 vc (0vta c c a c _ C m 0 m E H N "Pi m >"m mi '(1�rnwvi.'o O E N 2 0 C (') C N Y K E A K 0v) U(m 0 O Z` (C0 0 N T a) E — 2 8 _ =rn c01i N O-g m m m m 0) 11.114..=` O m a) :15 m > O m E0 orto p 0.0 d N O N mo m=ami(i, C V O u o ., m n o0 r¢ o .U° — N CO < i0 m r m m o —68— EXHIBIT "C" Page 1 of 3 Waychoff Constru., Inc. 4920 Bear Lane Corpus Christi, TX 78405 Z O Q CD t: N VN0 C) M 00 00 00 0 (00 N ,- V N 6 (r m 69 to 69 H ' 7 63 00 00 00 0 O 0 pp D N Hi fA fA CV 69 $645,827.1111 UNIT PRICE 10 0 0 0 0 N 0 0 0 0 0 OD o 000,- 0 0 r r n 69 t N0 y 0 on Ni Le; o N 49 r 69 f9 69 H &G Contractors, Inc. P. O. Box 10706 Corpus Christi, TX 78460 j 2 Q O 0 0 O O O 0 8 0 CO 0 O (O N 0N 0 N V S 0 r Ni N m M N of W 69 to N r O 69 19 f9 69 49 9 0 0 O) N W Z U 7 a 00 00 0 00 00 00 00 00 0 0 0 0 0 N (00 0 H H Q N N 0 r "' N 0 � tf9 N o N M 69 f9 (9 DMB Construction P. O. Box 71118 Corpus Christi, TX 78467 AMOUNT 0 0 0 O 0 O O O 0 r O u.'i 6 r 6 O 6 6 6 O 0) 0) 0 CO 0 M O. 0 0 0 N 10 to N N an H to t9 N (9 f9 H 69 69 69 r ('! 0 ri ( 00 S UNIT PRICE C.0 0 0 0 0000 0 (o 6 . o 6666 6 1 N 0) 0) (00 Nf9 0 00 r 0 I 69- cei co c6 u) 69 W Mfg to N 69 63 PMI, Inc. P. O. Box 875 Palacios, TX 77465 AMOUNT 0 00 0 00 00 00 00 00 00 0 0 6 0) 0 6 6 (0 N 0 0 0 N M (0 0 0 r f9 0 0 0 u7 6 0 O N (0 N 6 6 w w m 49 � to 69 $551,375.00 W ~ U =a F Z 00 00 00 00 00 0 00 0 0 00 0) 0 V' O (O N (n O O O O (1)) N0 0 H t9 t9 00 N 00 w a» w w 69 N° CO E 111 N m SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE II STA. 17 +50 THROUGH STA. 39 +20 Project No. 2160 Q 0 J J (0 6') J co LL1 U J o 0 - r r 0 (Y) O •• Q N V X O N r t- DESCRIPTION 0 0 `m + i .5 O N N - 0 N Z' C 0 (a11 O N C E .0 N U m mN C( (0 U 'o + d o 0 E gym m (0 O S W c=.5 O iO« O Lm m CO xi 8 E N N N C 0 LL 0 co J N C O La mom dm m m 'A m a E¢ O..G N Z L L W m >0 O (.O 11 IX C m O1 m U U C > c a0i E c m o c_ N 2t _C c 0 m O Q IX U G .-. 2Z.0 m a) x0 fl m 0 m o y o m c To LI- c> c O0 0 in 2 0 Ct) CN Y CU m 0 0 Tm EcV -E d d amt mw 2Ewr;o m 0 m .6— .� L m m ._ woNO - owDmm 0> et r N C) v (0 (O r CO 0) , -69- c 0 U) N E 0) O 0- c 0) U) r m a) U) W N m O m 1- a a 0 0 t 0 N O c '0 U c o , ✓ c V D m o O N 4) a) d « N > a) 0 ▪ E c 0 0 00) C .7 m .m • c m • a C C t- o a 0 m SN N m CO C CO O L m I— CO C) O N m a IEXHIBIT "C)) I Page 2 of 3 Haas - Anderson Constr., Ltd. P. O. Box 7692 Corpus Cxhristi, TX 78467 D0 M 00 00 0 0 00 00 00 {el O N N 00 0 CO 0 69 0' 00 pp00 00 o a 00 i0 00 00 N� IA W N 69 69 o o a o w UNIT PRICE 0 0 0 0 0 0 00 N- 0 0 0 N 0 0 0 r 6 fA 0 0 0 0 0 0 N 0 0 0 0 O N « 0 69 69 I A Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 AMOUNT 0 0 0 00 0 0 0 6 6 CO 0 0 )0 Oi aD 6 o O) N 01 IA 69 r« 69 00 6 n N CO 69 00 0000 0 0 0 A o o N o 0 0 0 n 0 r 0 of aC N N r r f9 N DI f9 f9 f 9 $771,376.00 UNIT PRICE 0 0 0 0 6 6 6 O N- o 0 0 `" co 6 N 01 69 « 69 0 6 69 0 0 0 0 0 0 fJ O N 6 NW 0 0 r N. 0 O "' N f9 f9 0 m W to 4 CO J Z D J J N J V J Q co J W 0 0 N r r .- 0 r F CI r r 0 Q 3 N Q SALT FLATS DRAINAGE SYSTEM IMPRO PHASE II STA. 17 +50 THROUGH STA. 39+ r Project No. 2160 DESCRIPTION O O S C O + + # J d O o N N p} O CD o N 0 O O N §�mE.E E .0 mTl °w Nr 0 O N N N V O N d IL C E N N N E C m o } i o m m m nit N Z- L L 0 .0 _cy v c c c la CJo m W N0 0 M m CDC E'x N'x'0- O .0 10 O O C o)) C N Y ECTrgm •m • m CD Z .0coo00W O O w Z' C V m C tow CO 'C - 2 Li a) yrco8 2 5 .2 C y O I O m m m m J y C — m 3 E R. m > O gym, :: A o S K U n^ 0:o aN 0 m y) C 0 U CO O O >. 3 m- - — Ea - o 05CCO'o 5¢ r N CO Q i0 CD C- CO O Or -70- IEXHIBIT "C" I Page 3 of 3 PROJECT BUDGET SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE II STA. 17+50 THROUGH STA. 39+20 PROJECT NO. 2160 June 23, 2009 FUNDS AVAILABLE: Storm Water CIP Year 1 (2008-2009) Storm Water CIP Year 2 (2009-2010) $380,000.00 353,000.00 $733,000.00 FUNDS REQUIRED: Construction (Bridges Specialties) $280,227.50 Contingencies (10%) 28,025.00 Consultant (Urban Engineering) 232,500.00 Reimbursements 5,000.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $548,252.50 over / (under) $184,747.50 —71 — IEXHIBIT "D" I Page 1 of 1 H: \ Home \Mproject \Councilexh \exh2160.dwg SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE 11 STA. 17 +50 THROUGH STA. 397+220 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -09 -2009 AGENDA MEMORANDUM City Council Action Date: June 23, 2009 SUBJECT: O.N. Stevens Electrical Distribution Improvements Project No. 8603 / CIP No. WA 06 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 $430,355 for a restated amount of $454,355 for the O.N. Stevens Electrical Distribution Improvements for design, bid and construction phase services and additional services. ISSUE: Amendment No. 1 proposes to provide the necessary engineering design and support services (bidding and construction support) for the installation of new electrical switchgear, new electrical power panels and new electrical power distribution for the Raw Water Intake, Chemical Building, Filter Building, Primary Basins 1-4 and the Secondary Basins 1 -4. Existing electrical switchgear, power panels and conduit and wire in the basement of the Chemical Building and in the Filter Building will be demolished. FUNDING: Funding is available from the Water Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. /lea, 4 I:ve Gonzal: z, P.E. Dire. for of Wate Services 826 -1874 q ustavogoecctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean @cctexas.com HINOMEIRechelIMGEMWeIenONSWIPI8603- Electrical Distribution Impswntl. No.17 nde Memo.Eoc AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Electrical Distribution Improvements Project No. 8603 / CIP No. WA 06 PROJECT BACKGROUND: Currently the electrical switchgear, electrical power panels and electrical power distribution system for the Raw Water Intake, Chemical Building, Filter Building, Primary Basins 1-4 and the Secondary Basins 1-4 were installed under various construction projects over the past 50 years. Some of the equipment is obsolete and replacement parts are no longer available; some of the equipment is installed in locations that are difficult to monitor and maintain; and some of the equipment is deteriorated beyond repair. 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 electrical switchgear, new electrical power panels and new electrical power distribution for the Raw Water Intake, Chemical Building, Filter Building, Primary Basins 1-4 and the Secondary Basins 1-4. Existing electrical switchgear, power panels and conduit and wire in the basement of the Chemical Building and in the Filter Building will be demolished. Each of the defined areas will have electrical modifications and /or upgrades. The City prefers to use the electrical prefabricated metal style power control rooms (PCR) buildings as used on other projects and the overhead cable tray system supported by structural steel columns for electrical and instrumentation cabling. All electrical equipment being removed will include the demolition of all associated conduit and wire. No equipment will be abandoned in place. 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 Electrical Distribution Improvements is $3.4 million. Amendment No. 1 to the contract with Bath Engineering Corporation will consist of the following specific tasks: A. BASIC SERVICES 1. Preliminary Scoping Phase (completed under Small A/E contract) 2. Engineering & Design Phase • Prepare design documents for all proposed improvements identified in Scoping Phase in the City of Corpus Christi format. —76— n I Anemla fl thnmund d, LEXHIBIT "A" Page 1 of 3 • Prepare City format contract documents. • Develop a preliminary opinion of probable construction costs for all improvements. 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. Structural Consultant Provide a Texas Registered Professional Engineer to design and review all foundations and structural steel for overhead cable tray. Minimal subsurface investigation for foundation locations is required. 2. Geotechnical Consultant Provide soil borings at three (3) locations to assist the Structural Consultant with foundation design. 3. Electrical Power Studies Provide electrical power studies of the electrical system to include load flow, short circuit, and arc flash. Use the SKM Dapper software for modeling of the ONSWTP electrical power system. 4. Relay & Circuit Breaker Settings Utilize the data from the electrical power studies to provide settings for all main devices at the 5kV and 480 volt level. 5. Site Observation Provide additional site observation to include eight (8) site visits during construction to observe the construction contractor's installation methods, materials and overall quality of construction. A written report will be provided for each inspection. 6. Start-up Services Provide five (5) days of start up services to assist and observe the construction contractor in the change over and start up of the new electrical system. 7. Warranty Phase Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor EXHIBIT "A" Page2of3 HAHOME1RachellelGEMWater \ONSWTP18603- Electrical Distribution ImpslAmd. No. t Wgenda Backgrountl tloc action to maintain, repair, fix, restore, patch, or replace improvements 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 recommendations 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. —78- H: IHOMEVbdw lle \ GEN\Water\ONSWTP18603- Electrical Distribution Imos\Amd. No. 11Aoencla Badground.doc EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: O.N. Stevens Electrical Distribution Improvements Project No. 8603 / CIP No. WA 06 — AMENDMENT NO. 1 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. August 5, 2008 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with Bath Engineering Corporation in the amount of $24,000 for the O.N. Stevens Electrical Distribution Improvements. —79— EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY 1. SUBJECT O.N. Stevens Electrical Distribution Improvements Project No. 8603 / CIP No. WA 06 — 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 electrical switchgear, new electrical power panels and new electrical power distribution for the Raw Water Intake, Chemical Building, Filter Building, Primary Basins 1-4 and the Secondary Basins 1-4. Existing electrical switchgear, power panels and conduit and wire in the basement of the Chemical Building and in the Filter Building will be demolished. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Wednesday June 24, 2009 Begin Design Phase Monday August 31, 2009 60% Design Complete Monday September 28, 2009 Final Design Complete Monday (2) October 12 & 19, 2009 Advertise for Bids Wednesday October 21, 2009 Pre -Bid Conference Wednesday November 4, 2009 Receive Bids Tuesday November 17, 2009 Construction Award Wednesday November 30, 2009 Begin Construction Weekday August 2010 Construction Completion H: WOMEWW . aelle \GENIWater\ONSWTP1S603- Electrical Distribution Impslmd. No. 1 \Conact Summary.doc EXHIBIT "C" Page 1 of 2 4. FEES The estimated cost of construction for O.N. Stevens Electrical Distribution Improvements is $3,400,000. The basic services fee proposal for this project is $340,560. Therefore, the percentage of basic engineering services cost to construction cost is 10 %. H:\ HOMEIRatelle \GENIWater\ONSWTMBS03- Electrical Distribution ImpsNmd. No. 1 \Conlren Summary.00c EXHIBIT "C" Page 2 of 2 ORIGINAL CONTRACT AMD. NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $24,000.00 $0.00 $24,000.00 2 Design Phase 0.00 308,320.00 308,320.00 3 Bid Phase 0.00 3,320.00 3,320.00 4 Construction Phase 0.00 28,920.00 28,920.00 Subtotal Basic Services 24,000.00 340,560.00 364,560.00 ADDITIONAL SERVICES 1 Structural Consultant 0.00 40,000.00 40,000.00 2 Geotechnical Consultant 0.00 10,000.00 10,000.00 3 Electrical Power Studies 0.00 16,510.00 16,510.00 4 Relay & Circuit Breaker Settings 0.00 5,710.00 5,710.00 5 Site Observation 0.00 8,640.00 8,640.00 6 Start-Up Services 0.00 6,695.00 6,695.00 7 Warranty Phase 0.00 2,240.00 2,240.00 Subtotal Additional Services 0.00 89,795.00 89,795.00 TOTAL AUTHORIZED FEE $24,000.00 $430,355.00 $454,355.00 The estimated cost of construction for O.N. Stevens Electrical Distribution Improvements is $3,400,000. The basic services fee proposal for this project is $340,560. Therefore, the percentage of basic engineering services cost to construction cost is 10 %. H:\ HOMEIRatelle \GENIWater\ONSWTMBS03- Electrical Distribution ImpsNmd. No. 1 \Conlren Summary.00c EXHIBIT "C" Page 2 of 2 File : \ Mproject \councilexhibits \exh8603.dwg LOCATION MAP NOT TO SCALE PROJECT NO. 8603 VICINITY MAP NOT TO SCALE EXHIBIT "D" O.N. Stevens Electrical Distribution Improvements -82- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/12/2009 am, MIS 10 AGENDA MEMORANDUM City Council Action Date: June 23, 2009 SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive Project No. 6278 ! CIP No. SW 18 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with H & G Contractors of Corpus Christi, Texas in the amount of $117,064.40 for a restated amount of $3,036,745.56 for the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive Project to undertake drainage improvements for the Triple Crown Road and Citation Drive Area. (Bond Issue 2004) ISSUE: The proposed change order takes advantage of available crews from the Laguna Shores Road reconstruction. The Laguna Shores Street Reconstruction is awaiting final permit approval from the U.S. Army Corps of Engineers (USAGE) and key agencies including National Marine Fish Services, U.S. Fish & Wildlife, Teas Parks & Wildlife, and Texas Government Land Office. The prolonged negotiations with the USAGE and key agencies exceeded the anticipated timeline for permit approval which is delaying start of construction. Final authorization is anticipated within the next 30 days for the required USACE permit. The Change Order No. 1 provides critical drainage improvements for the Triple Crown Drive and Citation Drive area. The proposed improvements lower the drainage flow line by approximately 4 FT, opens culverts under Triple Crown Drive with new curb inlet extensions to improve the drainage from the neighborhood. FUNDING: Funding is available from the Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. u/L, V le en. Gray, '.L. Di Nc or or Storn 'ater • Street Operations 361'826 -1875 or 361/82 -1872 akrieu a cetexa Con) Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Location Map r'.HOVFCSFVRiS,GE".'STREr TS'627E: aG9u5n_az:C0!A3t • i DA GEM( —85— Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean(a�cctexas.com BACKGROUND INFORMATION SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive Project No. 6278 / CIP No. SW 18 CHANGE ORDER NO. 1: The proposed change order to the Laguna Shores Road reconstruction provides critical drainage improvements for the Triple Crown Road and Citation Drive area. The project is an approved Capital Improvement Program project (Minor Storm Drainage Improvements — sequence SW 18). The improvements include lowering the existing channel by approximately four feet for a 500 Linear Feet section of the channel downstream of Triple Crown Drive culvert crossing. The upper half of the existing double barrel 72" rigid concrete pipe (RCP) culverts under Triple Crown Drive will be opened with new concrete headwalls and channel /ditch improvements. The channel /ditch work includes ditch grading, slope stabilization, establishing vegetative cover. The Triple Crown Drive work includes replacing the existing 5' curb inlets on each side to 15' and 10' on the north and south respectively with other miscellaneous improvements. This work will not require the closure of Triple Crown Drive. Change Order no. 1 to the Laguna Shores Road reconstruction serves as the method to keep the Laguna Shores Contract open pending receipt of the U.S. Army Corps of Engineers (USACOE) Permit. The Change order allows the City to: • take advantage of favorable unit quantity prices in the Laguna Shores contract • utilize available crews to expedite the work on Triple Crown Drive and Citation Drive Areas • avoids additional mobilization /demobilization costs pending the issuance of the USACOE permit approval and construction start The proposed drainage improvements for the Triple Crown Road and Citation Drive area will alleviate flood levels in the subdivision. The subdivision drains in minor ditch from Citation Road under Triple Crown and converges into the upper reaches of the Saratoga Downs Major Ditch. The primary objective for the change order is to lower the existing channel flow line by approximately 4 feet to improve drainage from the neighborhood into the channel. PROJECT BACKGROUND: This Laguna Shores Road Rehabilitation project is part of the Bond Issue 2004 projects, which was approved by voters on November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community. The Bond Issue 2004 package included $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The projects targeted the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —86— EXHIBIT "A" n...... 4 .a n The project requires a U. S. Army Corps of Engineers Wetlands Mitigation Permit, which the City is awaiting. Impacts to the U. S. Army Corps of Engineers Galveston Office from Hurricane Ike and extended comments from the key agencies resulted in an extended permit process. Final permit approval comes from the U.S. Army Corps of Engineers (USACE) with input from key agencies including National Marine Fish Services, U.S. Fish & Wildlife, Texas Parks & Wildlife, and Texas Government Land Office and is anticipated within the next 30 days. The permit addresses wetland impacts within the project and the mitigation site on the Laguna Madre Wastewater Treatment Plant property. The wetland impacts are as a result of the new bridge and roadside slope hardening in the project and proposed mitigation site impacts. The prolonged negotiations with the USAGE and key agencies exceeded the anticipated timeline for permit approval which is delaying start of construction. PROJECT DESCRIPTION: The project involves elevating, reconstructing and widening Laguna Shores Road between Graham Road and Hustlin' Hornet Drive to alleviate frequent inundation during high tides that disrupts traffic flow. It consists of a base bid with Parts A and B and Additive Alternate No. 1. ➢ Base Bid, Part A — Bridge Construction: Consists of demolishing the existing bridge structure over the channel; excavating approximately 805 CY for channel widening; and installing a new box beam bridge structure and a new metal beam guard rail. It also involves water and wastewater improvements at the channel crossing; specifically, replacing approximately 140 LF each of 12" waterline, 16" force main, and 10" force main as well as installing new air release valves at the channel crossing. ➢ Base Bid, Part B — Street Construction: Consists of demolishing, reconstructing and widening approximately 5,700 LF of a two -lane 12 -foot roadway; installing approximately 5,050 SY of articulated concrete matting; installing approximately 5,125 SY of erosion control matting; reconstructing new driveways with 18" RCP culverts and safety end treatments; installing new sign structures along the roadway; and new pavement striping and traffic buttons. ➢ Additive Alternate No. 1: Consists of various street improvements contingency items, such as removing the existing HMAC pavement, select fill for the embankment, and other items. —87— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive Project No. 6278 / CIP No. SW 18 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. May 31, 2005 - Ordinance appropriating $423,980 from the unappropriated miscellaneous revenues from Water CIP Fund 4080; and appropriating and approving the transfer of $423,980 from Water CIP Fund 4080 into Street CIP Fund 3530 for the Laguna Shores Street Improvement Project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $847,960. (Ordinance 026285) 4. May 31, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. in the amount of $423,980 for Laguna Shores Road - Graham Road to Hustlin' Hornet. (BOND ISSUE 2004) (Motion No. 2005 -175) 5. 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) 6. October 21, 2008 — Motion authorizing the City Manager, or his designee, to execute a construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $2,919,681.16 for the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) (Motion No. 2008 -275) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). —88— EXHIBIT "B" Dnnn 1 of 9 PRIOR ADMINISTRATIVE ACTION (continued): 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. August 2, 2005 — Administrative approval of a geotech testing agreement with Rock Engineering and Testing Laboratory Inc. in the amount of $16,630 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 5. May 1, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $24,770 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 6. February 5, 2008 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. in the amount of $0 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 7. July 23, 2008 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with RVE, Inc. in the amount of $43,380 for a restated fee of $492,130 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 8. July 24, 2008 - Administrative approval of a construction testing agreement with Rock Engineering and Testing Laboratory Inc. in the amount of $5,430 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 9. April 3, 2009 — Administrative approval of Amendment No. 4 to the Contract for Professional Services with RVE, Inc. in the amount of $28,957.50 for a restated fee of $521,087.50 for Laguna Shores Road - Graham Road to Hustlin' Hornet. —89— IEXHIBIT "B" I Page 2 of 2 PROJECT: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET June 23, 2009 Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive Project No. 6278 / CIP No. SW 18 BOND ISSUE 2004 APPROVED: City Council Motion No. 2008 -275 on October 21, 2008 CONTRACTOR: H & G Contractors P. O. Box 10706 Corpus Christi, TX 78460 TOTAL CONTRACT AMOUNT $2,919,681.16 25% Limit Amount $729,920.29 Change Order No. 1 (June 23, 2009) $117,064.40 TOTAL All Change Orders $117,064.40 4% < 25% EXHIBIT "C" _ppoo_ Page 1 of 1 ��e�...,....�..,�� uernro,.neroorncvvn 1 AG INA SHORES \CONSTRUCTIOMCHANGE ORDER NO. i \5 AGENDA CHANGE ORDER SUMMARY \Mproject \ councilexhibits\ exh6278d. dwg coRrus °6U5? nv CHANGE ORDER LOCATION TRIPLE CROWN DANE CONTRACT LOCATION LAGUNA SHORES ROAD N LOCATION MAP NOT TO SCALE . FRIO STREET CHANGE ORDER SITE TRIPLE CROWN DRIVE PROJECT No. 6278 VICINITY MAP NOT 70 SCALE EXHIBIT 'D' LAGUNA SHORES ROAD REHABILITATION - GRAHAM ROAD TO HUSTLIN' HORNET DRIVE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/23/2009 11 AGENDA MEMORANDUM City Council Action Date: June 23. 2009 SUBJECT: Street Overlays Cluster I. 3 and 4 iProject Nos 6446, 6448. 6460} CHANGE ORDER NO. 8 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 8 to the construction contract with Haas - Anderson Construction. Ltd of Corpus Christi. Texas, in the amount of S3.096.075.60 for a net change order amount of S1.842.634.00 for a new contract price of 58.944.628.38 for the Street Overlays Clusters 1. 3 and 4 to overlay Holly Road from Ayers Street to Rodd Field Road. ISSUE: In August 2008 two construction contracts were awarded for the Street Overlays project for Clusters 1. 2. 3 and 4_ Haas - Anderson Construction. Ltd. was awarded the contract for Clusters 1. 3 and 4 and Bay. Ltd was awarded the contract for Cluster 2 The project consisted of applying a hot- mix. - asphalt- concrete (111v1AC) overlay to 18 selected streets. The project included milling of the existing asphalt surface. base repairs where required. curb and gutter repairs. manhole and valve box adjustments, traffic controls and new pavement markings. Holly Road from Ayers Street to Rodd Field Road was seal- coated as part of a construction contract that was awarded in May 2008 However issues have arisen regarcing the seal coat on Holly Road. including the condition of the riding surface and the noise level. This proposed Change Order No. 8 will provide for a HMA.0 overlay of Holly Road to provide a uniformly smooth traffic surface and to reduce the noise level. FUNDING: Funding for this project will come from the S8.5 million issued in City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2009. RECOMMENDA 0 • Staff recommends approval of the motion as presented. Va •II.Gray. E. Dire or of Storm \ 'ate & Street Operations 361:826 -18-5 or 361.8' -1.1 87' valeritmiliectexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Description Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean(ilcctexas.com -95- AGENDA BACKGROUND SUBJECT: Street Overlays Clusters 1, 3 and 4 (Project Nos. 6446, 6448, 6460) CHANGE ORDER NO. 8 PROJECT BACKGROUND: On August 28, 2008, seal coat was placed on six miles of a five -lane roadway on Holly Road from Rodd Field Road to Ayers Street in an effort to maintain the integrity of the pavement structure. Since that time, issues have arisen relating to the unraveling of the aggregate from the pavement and from the noise levels caused by the seal coat. The City is proposing to place an overlay on Holly Road with type D Hot Mix Asphalt Concrete pavements (HMAC) as part of a mill and overlay project. As a result of this HMAC layer, the finished paved surface would provide a smooth ride quality and reduce the roadway noise levels while maintaining the existing pavement structure integrity. CHANGE ORDER NO. 8 BACKGROUND: City staff is proposing that the Holly Road overlay project (Project No. 6477) be constructed as a change order to the construction contract with Haas- Anderson Construction, Ltd., of Corpus Christi, Texas. The advantages of doing so are that the contractor is already mobilized (which allows the project to be completed more expediently), and the contractor provided competitive pricing for the project. The Holly Road overlay project from Rodd Field Road to Ayers Street will consist of approximately 220,000 square yards of 2" Type D hot - mix - asphalt- concrete (HMAC) overlay, approximately 38,000 square yards of milling (various depths), 60 manhole adjustments, 15 valve adjustments, traffic control and reflective pavement marking (including the bike lanes). The estimated cost of the construction is $3,096,975.60. Change Order No. 8 would have a net amount of $1,842,634.00 because there were unused bid amounts as part of the Street Overlays project in Clusters 1, 3 and 4 (Project Nos. 6446, 6448 and 6460) totaling $1,254,341.60. CHANGE ORDER NO. 8 DESCRIPTION: See Exhibit "C." EXHIBIT "A" Page 1 of 1 —96- w-wnuna.,w.nancract..amaeea RAW aeon aeon c•..a n.ono.arnmmnoyinntCO No. BWoenda Backctound doc PRIOR PROJECT ACTIONS SUBJECT: Street Overlays Clusters 1, 3 and 4 (Project Nos. 6446, 6448, 6460) CHANGE ORDER NO. 8 PRIOR COUNCIL ACTIONS: 1. April 8, 2008 - Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, Improvements to the Facilities with the Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment and Street Improvements. (Resolution No. 027649) 2. June 10, 2008 — A. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $72,965 for a revised fee of $120,200 for the Street Overlays Cluster 1. (Motion No. 2008 -141) B. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $70,660 for a revised fee of $115,610 for the Street Overlays Cluster 2. (Motion No. 2008 -142) C. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with RVE Inc. of Corpus Christi, Texas, in the amount of $52,890 for a revised fee of $97,530 for the Street Overlays Cluster 3. (Motion No. 2008 -143) 3. August 26, 2008 — A. Ordinance appropriating an amount of $1,550,000 of the Unappropriated Fund Balance in the General Fund No. 1020 for the 2008 Street Overlay Projects; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,550,000. (Ordinance No. 027821) B. Ordinance appropriating an amount of $1,100,000 of the Unappropriated Fund Balance in the Seawall Improvement Fund No. 1120 for the 2008 Street Overlay Project (North Bound Shoreline Portion); changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,100,000. (Ordinance No. 027822) C. Motion authorizing the City Manager or his designee to execute a construction contract with Bay Ltd. of Corpus Christi, Texas, in the amount of $2,105,100.90 for the Street Overlays Cluster 2 for the Total Base Bid. (Motion No. 2008 -229) D. Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd., of Corpus Christi, Texas, in the total amount of $7,181,425.20 for the following projects: • Street Overlays Cluster 1 for the Total Base Bid in the amount of $2,088,546.00; • Street Overlays Cluster 3 for the Total Base Bid in the amount of $1,943,789.70; • Street Overlays Cluster 4 for the Total Base Bid plus Additive Alternate Nos. 1, 2 and 3 in the amount of $3,149,089.50. (Motion No. 2008 -230) E. Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory Inc. of —97— EXHIBIT "B" Page 1 of 3 Corpus Christi, Texas, in the amount of $97,882 for the Street Overlays Clusters 1, 2, 3 and 4 project. (Motion No. 2008 -231) 4. November 18, 2008 — _ A. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $62,400, for a total restated fee not to exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA Curb Ramps. (Motion No. 2008 -305) B. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $205,870, for a total restated fee not to exceed $370,980, for the Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA Curb Ramps and additional construction inspection of Clusters 2 and 4. (Motion No. 2008 -306) C. Motion authorizing the City Manager or his designee to execute a deductive change order with Haas - Anderson Construction Ltd., of Corpus Christi, Texas, in the decreased amount of $226,900 for the Street Overlays Cluster 4 project to change the overlay treatment to a seal coat on the northbound lanes of Shoreline Drive from Furman Avenue to Lawrence Street. (Motion No. 2008 -307) 5. May 12, 2009 - Resolution relating to establishing the City's intentions to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for costs associated with Holly Road Street Improvements; authorizing matters incident and related thereto. (Resolution No. 028168) 6. May 26, 2009 — A. Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation in an amount up to $8,500,000 for the purpose of financing costs associated with making permanent public improvements to Holly Road, Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1), and the Rodd Field Public Improvement District; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12. (Resolution No. 028186) B. Motion authorizing the appointment of Estrada Hinojosa & Company as Sole Underwriter; M.E. Allison as Financial Advisor; and Fulbright & Jaworski, LLP, as Bond Counsel for the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2009. (Motion No. 2009 -147) PRIOR ADMINISTRATIVE ACTIONS: 1. May 13, 2008 — Administrative approval of a Small NE Contract for Professional Services with Govind Nadkarni in the amount of $45,450 for the Street Overlays Clusters 1, 2 and 3 project. 2. May 15, 2008 — Administrative approval of a Small NE Contract for Professional Services with Coym Rehmet & Gutierrez Engineering, LP, in the amount of $47,235 for the Street Overlays Cluster 1 (Project No. 6446). 3. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with LNV Engineering in the amount of $44,950 for the Street Overlays Cluster 2 (Project No. 6447). 4. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with RVE Inc. in the amount of $44,640 for the Street Overlays Cluster 3 —98— I EXHIBIT "B" project (Project No. 6448). 5. May 27, 2008 — Administrative approval of a Small Geotech Testing Contract with Rock Engineering and Testing Lab in the amount of $47,050 for the Street Overlays Clusters 1, 2, 3 and 4 project. 6. June 19, 2008 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with LNV Engineering in the amount of $49,500 for a revised fee of $165,110 for the Street Overlays Cluster 4 (Project No. 6460). 7. October 27, 2008 — Administrative approval of Change Order No. 1 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $16,640.78 for a new contract price of $7,198,065.98 for the Street Overlays Cluster 1 (Project No. 6446) for landscaping on FM 624. 8. November 12, 2008 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with RVE Inc. in the amount of $31,240 for a restated fee of $171,840 for the Street Overlays Cluster 3 (Project No. 6448). 9. November 18, 2008 - Administrative approval of Change Order No. 2 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $24,900 for a new contract price of $6,996,065.98 for the Street Overlays Cluster 4 (Project No. 6460) for exploratory excavation to determine the location of an existing storm water junction at the intersection of South Shoreline Boulevard and Broadway Street. 10. December 8, 2008 - Administrative approval of Change Order No. 3 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $22,355.05 for a new contract price of $7,018,421.03 for the Street Overlays Cluster 4 (Project No. 6460) for additional costs for a new fiberglass manhole, adjustment of AT &T manholes, and additional work to the manhole on Lawrence Street. 11. December 10, 2008 - Administrative approval of Change Order No. 4 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $21,677.42 for a new contract price of $7,040,098.45 for the Street Overlays Cluster 4 (Project No. 6460) to install a new rectangular frame & cover for storm water vaults at Twigg and Schatzel. 12. December 12, 2008 - Administrative approval of Change Order No. 2 to the construction contract with Haas - Anderson Construction, Ltd., in the deductive amount of ($92.59) for a new contract price of $7,040,005.86 for the Street Overlays Cluster 1 (Project No. 6446) to remove and replace two curb inlet tops with new ring and covers and to remove and replace six trees on FM 624 with six bougainvilleas. 13. January 13, 2009 - Administrative approval of Change Order No. 5 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $14,836.87 for a new contract price of $7,054,842.73 for the Street Overlays Cluster 4 (Project No. 6460) to remove and replace the manhole at Shoreline and Peoples Street. 14. March 31, 2009 - Administrative approval of Change Order No. 6 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $22,292.15 for a new contract price of $7,077,134.88 for the Street Overlays Cluster 4 (Project No. 6460) for material costs for the 36" flap gate and frame and cover for the manhole on Broadway Street; and for striping the bike lane on Shoreline Boulevard. 15. April 14, 2009 - Administrative approval of Change Order No. 7 to the construction contract with Haas - Anderson Construction, Ltd., in the amount of $24,859.50 for a new contract price of $7,101,994.38 for the Street Overlays Cluster 4 (Project No. 6460) for the labor, equipment and installation of the 36" flap gate in the manhole adjacent to Memorial Coliseum. —99— EXHIBIT "B" Page 3 of 3 Department of Engineering Services Change Order Summary Sheet June 23, 2009 PROJECT: Street Overlays Clusters 1, 3 and 4 Project Nos. 6446, 6448, 6460) APPROVED: City Council on 8/26/08 - Motion No. 2008 -230 CONTRACTOR: Haas - Anderson Construction, LTD. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL CONTRACT AMOUNT $7,181,425.20 25% Limit Amount 1,795,356.30 Change Order No. 1- Cluster 1 (10/27/08) 16,640.78 Change Order No. 1-Cluster 4 (11/18/08- Motion 2008 -307) (226,900.00) Change Order No. 2- Cluster 4 (11/18/08) 24,900.00 Change Order No. 3-Cluster 4 (12/8/08) 22,355.05 Change Order No. 4-Cluster 4 (12/10/08) 21,677.42 Change Order No. 2-Cluster 1 (12/12/08) (92.59) Change Order No. 5-Cluster 4 (1/13/09) 14,836.87 Change Order No. 6- Cluster 4 (3/31/09) 22,292.15 Change Order No. 7-Cluster 4 (4/14/09) 24,859.50 Change Order No. 8- Clusters 1, 3, 4 (6 /23 /09- Council). 1,842,634.00 Total $1,763,203.18 = 24.55% < 25% -100- CHANGE ORDER NO: Operating Department: Name of Project: Contractor: CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas 8 FUNDING SOURCE: CON'T'RACT TIME: Street Department DATE: June 4, 2009 Street Overlays - Cluster I -9- th.R. No. 6446 -64)0 - 6448 ; f O Haas - Anderson Construction, LTD. 480 C.D. CHANGE Add the following items to the contract: I Holly Road Overlay P.R. 116447 Deduct the following unused bid amount from the contract: (See Attached Breakdown) • ADD 53,096,975.60 DEDUCT (1.254,341.60) TOTAL NET: SI,842,634.00 Why was this change necessary? (If left off the plans and specifications, explain why? 1. To provide uniform smooth traffic surface. and reduce noise level. 2. Removing unused bid items from the contract. How can similar changes be avoided in the future? Unavoidable A. C. D. E. F. G. H. CONTRACT PRICE TOTAL CHANGE ORDER (inc. current) NEW CONTRACT PRICE THIS CHANGE ORDER PERCENT TOTAL CHANCE (BIA) PREVIOUS TIME AUTHORIZED ADDN'L CONTRACT TIME THIS CHANGE ORDER TOTAL ADDITIONAL TIME CITY OF CORPUS C IST1, TEXAS By: Director of Engineering Services APPROVED: 5 $ 7,181,425.20 1,763,203.2818 8,944,62845'38 K� 1,842,634.00 24.55% 60 C.D. 90 C.D. 150 C.D. Operating Department Dir. of Management & Budget Legal Department 101 — Proje t Manager By: 'f tt�, p Cl i a PrIti1fent, Haas -Ands n AAanapan»a _ Genera! Partner EXHIBIT "C" Paae 2 of 4 Street Overlay Clusters 1, 3 & 4 Projects Nos. 6446, 6448, 6460 OVER UNDER UNUSED BID ESTIMATE BID ESTIMATE BID AMOUNT CLUSTER 1 $36,274.90 $422,262.83 $385,987.93 (No. 6446) CLUSTER 3 $42,317.20 $675,758.95 $633,441.75 (No. 6448) CLUSTER4 $28,268.50 $263,180.51 $234,912.01 (No. 6460) TOTAL: $1,254,341.69 -102- I EXHIBIT "C" Job Name: Holly Road Overlay - Ayers to Rodd Field Bid Date: 5/14/2009 m E Total Bid I $ 2,579,382.00 $ 49,553.40I t0000t� �O°OONn o (OO)rd'NN C) ar:u 6969a 0 0 0 Moi 69 110) 6969 O i) 1 $ 1,810.00 $ 29,361.50I O of n S 6969 O co r 1 $ 13,920.00 I O CD 00 co" n 69 O OnU) 0.i 0. O 6r 0.69 O $ 11,323.00I $ 7,871.50 Unit Bid O O r r r 69 6969169 O N O O 600 N- $ 740.00 O Op O U) et 69 ONO 0 O M N 69 0 06969 CD 0 010n O r O 6969 N O Tr . r Via69 0 1p 0 0 r 1$ 220.00 $ 165.00 $ 420.00 10[7 1O V) OS Subtotal D to CO �i W W J J J LILL J J J J J J W W W 9 W = C W 220,460 I 38,118 t 33,067 i Oa Orrr 58,481 11,520 1- W1% Nei) O 15,432 1 MaODrr On<O c) Nn W Q;'r Qr NI rr N a D. Base Bid 'E m =8 0E ' i� Tack Coat (88-1 or Equi)alent) Manhole Adiustments Valve Adiustments c to � a O 2 1Traffic Control II tp =r0. �X� t i 222 555 m aaa ¢Gq m 0:0:0: '2A m tt 'L m m e 0 O r m m IRefl. Pay. Mrk. (Nhite)(4 ")(Solid) Y m �� viv ,i .t 25 >> m 0. W ',0:0r 9 m 'L m 0.. fl W IRefl. Pay. Mrk. (White)(12 ")(Solid) O 52E' =OgAQ ,X .giigt a 222222 555555 CO 0.0.0. 0.i H N 0: g L m ¢m4O; 'L 'L m CO CO 0. C 14ud m N m 0: 0:0"CC .-� CO 0.0_ d m W 0: II r N 00 it N 60n O CO 0 ;.: :2 : .12m 12 1:2N -103- IEXHIBIT "C" I Page 4of4 \ Mproject \councilexhibits \exh6446 - 6448- 6460_C08.dwg •/ • HVY 41 CORPUS C7(2JS71 BAY PROJECT SITE Holly Road From Ayers Street to Rodd Field Road FM 2444 LOCATION MAP NOT 70 SCALE Gvc7O.' MEXICO PROJECT # 6446, 6448, & 6460 EXHIBIT 'D' STREET OVERLAYS CLUSTERS 1, 3, & 4 CHANGE ORDER No. 8 _104- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/10/2009 NNW simr MN NM 12 AGENDA MEMORANDUM DATE: June 23, 2009 SUBJECT: Mansheim Area Wastewater Improvements (Project No. 7397) CIP NO. WW 35 SUBJECT: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $534,830, for 2009 CIP Mansheim Area Wastewater Improvements for preliminary design, design, bid, and construction phase services, and additional services. ISSUE: This project is part of the life cycle program and prioritized to reduce the inflow and infiltration and potential manhole failures within the Oso Basin specifically along Mansheim Boulevard. The design and construction is planned to begin this year which may include pipe bursting, open cut and replacement as well as manhole rehabilitation or replacement. A contract for professional services is required to complete the design phase, bid phase, and construction phase, and additional services; and requires City Council approval. FUNDING: Funding is available from the FY 2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell Director of Wastewater Services 826 -1801 fosterc(o�cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean(a�cctexas. com —107— H: WSERS2UIOME \VELMAP\GEN\WASTEWATER\7397 MANSHEIM WW CIPNGENDA 2 MEMO BACKGROUND INFORMATION SUBJECT: Mansheim Area Wastewater Improvements (Project No. 7397) CIP NO. WW 35 PROJECT DESCRIPTION: The scope of this project includes the rehabilitation of existing wastewater lines in the Mansheim Road area between Gabriel Drive and Kostoryz Road. Specifically, this contract shall cover the pipe bursting of the existing wastewater lines between Christie Street and Evelyn Street from Gollihar Road to Sunnybrook Road and between Gabriel Drive and Kostoryz Road from Sunnybrook Road to McArdle Road. The new wastewater lines shall be 8" HDPE pipe. This project includes televising and cleaning the existing wastewater lines (during the design phase), location and excavation of existing wastewater services, rehabilitation of existing wastewater lines via pipe bursting, rehabilitation of the existing manholes, re- connecting the existing wastewater services and televising the new wastewater lines (post - construction). CONTRACT DESCRIPTION: The consultant, RVE, Inc., will provide professional services for the coordination with City staff for preliminary design phase, final design phase, bid phase, construction documents, and construction phase described further below: Preliminary phase will include televising and cleaning existing wastewater lines. Televising will allow to evaluate the condition of wastewater lines and exact location of service connections. Once reviewed the repair methods will be studied and preliminary design and Engineering Letter Report will be prepared. Final design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Other additional services include topographic survey, coordination with the Texas Department of Licensing (TDLR) and Texas Commission on Environmental Quality (TCEQ), construction observation /inspection, and public meetings. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as required. -108- u.n peeonunurn.et •.n ane.mu.eTcuvco'f n,unueu nu Wu, rio,ervnvne a nefKfROONO EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Mansheim Area Wastewater Improvements (Project No. 7397) CIP NO. WW35 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) H:\USERS2W OMEWELMAP\GEMWASTEWATER\7397 MANSHEIM WW CIPWGENagIOR ACTIONS EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Mansheim Area Wastewater Improvements (Project No. 7397) CIP NO. WW 35 1. SCOPE OF PROJECT The scope of this project includes the rehabilitation of existing wastewater lines in the Mansheim Road area between Gabriel Drive and Kostoryz Road. Specifically, this contract shall cover the pipe bursting of the existing wastewater lines between Christie Street and Evelyn Street from Gollihar Road to Sunnybrook Road and between Gabriel Drive and Kostoryz Road from Sunnybrook Road to McArdle Road. The new wastewater lines shall be 8" HDPE pipe. This project includes televising and cleaning the existing wastewater lines (during the design phase), location and excavation of existing wastewater services, rehabilitation of existing wastewater lines via pipe bursting, rehabilitation of the existing manholes, re- connecting the existing wastewater services and televising the new wastewater lines (post- construction). 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. ACTIVITY DATE Begin Preliminary Phase Upon Receipt of Notice to Proceed Submit Preliminary Engineering Letter Report Four (4) Months from Notice to Proceed Submit Final Engineering Letter Report Three (3) Weeks after Receipt of Comments Begin Design Phase Upon Approval of Final Engineering Letter Report Submit Pre -Final Contract Docs & Construction Plans Six (6) Months after Approval of Final Engineering Letter Report Submit Final Contract Docs & Construction Plans Four (4) Weeks after Receipt of Comments Pre -Bid Conference Two (2) Weeks after Bid Advertisement Project Bid Date Four (4) Weeks after Bid Advertisement Begin Construction One (1) Month after Council Award Complete Construction Eighteen (18) Months after Begin Construction —110— EXHIBIT "C" Pang 1 of 9 IEXHIBIT "C" I Page 2 of 2 4. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase $36,540.00 2. Design Phase 86,220.00 3. Bid Phase 4,810.00 4. Construction Phase 29,090.00 Subtotal Basic Services Fee 156,660.00 Fee for Additional Services (Allowance) 1. Permitting TBD 2. R.O.W. Acquisition Survey N/A 3. Pre - Televise and Clean Existing Wastewater Lines (AUTHORIZED) 109,520.00 4. Topographic Survey (AUTHORIZED) 24,400.00 5. Subsurface Utility Engineering (S.U.E.) N/A 6. Environmental Issues TBD 7. Public Meetings (Maximum of Three) (AUTHORIZED) 6,560.00 8. Construction Observation Services (18 Month Duration) 236,310.00 9. Warranty Phase 1,380.00 Sub -Total Additional Services Fee 378,170.00 Total Fee $534,830.00 The estimated cost of construction for 2009 CIP Mansheim Area Wastewater Improvements is $1,926,790.50. The basic services fee for the project is $156,660. Therefore, the percentage of basic engineering services cost to construction cost is 8.13 %. —111— File : \Mproject \councilexhibits \exh7397.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT 117397 VICINITY MAP NOT TO SCALE INCLUDED SITES EXHIBIT 'D' 2009 MANSHEIM AREA WASTEWATER IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 nerr• ns_9.1_9nn9 13 AGENDA MEMORANDUM PUBLIC HEARING — ZONING TEXT AMENDMENT (City Council Action Date: June 16, 2009) Zoning Ordinance Text Amendment: Amending Sections 27B- 11(A)(11) and 27B- 12(B), Corpus Christi Zoning Ordinance, relating to the certification of landscape plans; providing for penalties; and providing for publication. Planning Commission's and Staffs Recommendation (April 29, 2009): Section 27B -11.A (11) The certification on the landscape plan that the landscape construction documents satisfy the requirements of this Article, must be made by a registered architect, registered landscape architect, ee- certified Nursery Professional, or registered professional engineer = _ - • • _ • - � •• - - • • - ' and Section 27B -12 (B) The installation of landscape material, as shown on the approved landscape plan, shall must be certified by the property owner's registered architect, registered landscape architect, certified nursery professional, or reaistered.professional engineer, _ • • • ' ' : : , and shall -must be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy. Requested Council Action: Approval of the Planning Commission's and Staffs recommendation. Staff Summary: Professional Standards for Submitting Landscape Plans: This zoning text amendment addresses two issues: to include professional registered engineers as a profession which is qualified to submit required landscape plans; and to address a request from the public to allow non - registered but "degreed" landscape architects to submit landscape plans. After much debate Planning Commission and staff are recommending the inclusion of the registered professional engineers to comply with state law. However, the Planning Commission and staff are not recommending the non- registered but degreed landscape architects to be included in the list of professionals to submit landscape plans. Planning Cpmmission and staff based this recommendation on the following reasons: 1. While the Zoning Ordinance does require a high educational standard for submission of landscape plans with the requirement for a registered landscape architect, registered architect or registered professional engineer, the ordinance does provide the less difficult to obtain option as a certified nursery professional. An applicant for a Texas Certified Nursery Professional must meet an educational or work experience requirement, pay a fee and take an online exam in order to be certified. The certification is good for two years. 2. Each of the registrations and the Certified Nursery Professional require continuing education to remain current in the field. 3. Establishing a standard other than those recommended is likely to be complicated, costly and time consuming. 4. The request for allowing a non - registered "degreed landscape" architect appears to affect only one or two persons. 5. The direction of the construction industry / zoning requirements is to create higher but reasonable -115- standards. The original landscape ordinance language did allow a degreed landscape architect, but the language was removed in 1993, to establish a higher standard (registration or certification). Notification: While property owner notification does not apply to text amendments, staff has notified several design professionals that could be affected by the amendment. Staff considers this item to be non- controversial with almost no opposition from the public. A newspaper notice, published not less than fifteen days prior to the public hearing, is required. FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance kAa€4, Juan Perales, P.E., Interim Assistant City Manager of Development Services -1 1 6- Senior Plannerl DATE: April 24, 2009 TO: Planning Commission FROM: Juan Perales, Interim Assistant City Manager for Development Services Faryce Goode - Macon, Assistant Director of Development Services SUBJECT: Amendment to Article 27B Landscape Requirements in the Zoning Ordinance concerning the professional requirements for submittal of landscape plans. ISSUE Planning Commission has requested staff to revisit the original recommendation by Planning Commission and draft several alternatives with the objective to remove subjectivity from the text amendment. The focus has been to quantify "five years of successful experience" working under a registered Landscape Architect, registered Architect or registered professional engineer. The option to qualify with five years of successful experience submitting landscape plans to the City, only (without experience working under a registered design professional) has been removed. ALTERNATIVES Two alternatives are provided below and each includes a registered engineer per state law. Option 1: Adds a Registered Professional Engineer to the existing requirements Section 27B -11.A (11) The certification on the landscape plan that the landscape construction documents satisfy the requirements of this Article. must be made by a registered architect, registered landscape architect, er—certified Nursery Professional, or registered professional engineer certifying that the plans satisfy the requ' ; and Section 27B-12 (B) The installation of landscape material, as shown on the approved landscape plan, shell -must be certified by the property owner's registered architect, registered landscape architect, certified nursery professional, or registered professional engineer, and shall -must be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy. Option 2. Allows a non - registered Design Professional to submit landscape plans and defines standards for experience. Section 27B -5 Definitions. The following defmitions shall apply only for the purposes of this Article. (AA) Design professional — a non - registered individual with a degree in landscape architecture and at least five years of successful experience working under the supervision of one or more registered landscape architects, registered architect or registered professional engineer. Documentation of successful experience working under a registered professional shall be provided to Development Services in the following form: —117— Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 2 1. A letter or letters of recommendation certifying the competency of the design professional to design landscape plans shall be signed, sealed and notarized. The letter or letters from each supervising landscape architect, architect or professional erineer must include the period of employment (Month/Year to Month/Year and total hours) and an affirmative statement indicating that the designer is competent to design and submit landscape plans. 2. Timesheet documentation containing not less than 10,400 hours of work (5 years FTE), within a six year period to account for employee leave time. 3. Multiple sealed letters with attachments maybe included where the design professional has worked for more than one registered landscape architect. 4. Work performed must be continuous or with work gaps of no more than 45 working days (360 hours). Section 27B -11. Submittal Procedures. A. (11) The certification on the landscape plan , that the landscape construction documents satisfies the requirements of this article, shall be made by a: registered architect, registered landscape architect, eta certified nursery professional: registered professional engineer, or design professional. thin Artiele: Section 27B -12 Maintenance and Inspection (B) The installation of landscape material, as shown on the approved landscape plan, shall be certified by the property owner's architect, landscape architect and/er— ,certified nursery professional, registered professional engineer, or design professional and shall be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy. STAFF RECOMMENDATION Staff recommends option one, which maintains the current requirement for registration or certification and only adds a registered professional engineer. Staff is of the opinion that the direction of regulation both nationally and locally is to strive for higher standards of development with reasonable requirements. Moving the City forward with this goal in mind, the City Council in 1993 adopted a comprehensive amendment to the Landscape Requirements (see Attachment 1) which removed the option to submit landscape plans by a degreed, but not registered, landscape architect. After 1993 only a registered landscape architect, registered architect or certified nurseryman could submit landscape plans. This higher standard requires continuing education, testing for competency and helps to assure that the requirements for landscaping approved by the City Council will be implemented. BACKGROUND INFORMATION Planning Commission Review: Public Hearings: December 10, 2008 January 21, 2009 February 4, 2009 Discussion Item: April 1, 2009 —118— Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 3 Historical Background: In April 2008, the City Council approved a comprehensive amendment to the Zoning Ordinance, Article 27B Landscape Requirements. As part of the review and rewrite process, staff discovered that provision concerning the professional requirements for submittal of landscape plans were not being consistently followed. Article 27B. Section 11. Submital Procedure A. (11) states: The certification on the landscape plan by a registered architect, landscape architect, or certified Nursery Professional, certifying that the plans satisfy the requirements of this Article The above section had been enforce since 1993 and was not changed in 2008. After City Council approved the rewrite of Article 27B staff began consistently requiring that landscape plans be submitted by a register architect, landscape architect or certified Nursery Professional. Since April 2008, enforcement of this provision has been questioned by several non - registered or certified designers. Some have maintained that those with landscape experience and those that hold a degree in landscape architecture should be able to satisfy ordinance requirements. Others have maintained that professional registration should be required. While staff does not agree that the ordinance should be changed, staff has presented a possible amendment for consideration by Planning Commission and City Council to address the concerns of the nonregistered professionals who have a degree in Landscape Architecture. Staff is of the opinion that the current language is necessary to assure professional standards for landscaping plans. Staff is also of the opinion that the standard is not overly onerous considering that the requirement includes an option for a certified nursery professional. Texas Certified Nursery Professional (TCNP): The TCNP certification is offered by the Texas Nursery and Landscape Association and is a way for non - architects to qualify for submission of landscape plans. Eligibility requirements include four options ranging from a bachelor's degree to 300 hours of classroom instruction in high school and 1,000 hours of work experience. Testing is conducted exclusively on -line with a nominal fee of $75 for members and $150 for non - members. Once the testing fee is paid, applicants have 90 days to take all four section of the test: culture; merchandising; landscape design; and plant Id. The TCNP certification is valid for a 2 -year period. TCNPs are required to earn 20 Continuing Education Units per year to maintain certification during the two year period. Registered Engineer(The Legal Department has requested that the amendment include registered Engineers since the Legal Department's interpretation of State Law precludes the City from not including registered professional engineers from the list of professionals qualified to submit landscape plans. When is a Landscape Plan Complex Enough to Warrant a Requirement for a Registered Architect, Landscape Architect or Certified Nursery Professional? The application of the City's landscaping requirements in many cases is simple. However, in some cases the plans for landscaping are more complex and warrant the expertise of a registered or certified professional. Some of the more complex landscaping plans involve the following: • Frequently, the location of the city's utility infrastructure is in direct conflict with landscape requirements. This occurs anytime the required screening next to a street occurs over a city utility easement. Choosing plants with root systems that are not going to invade water and wastewater lines is a key. Trees placed too close to overhead utilities are just as important. Appropriate plant selection and placement -119- Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 4 takes a through understand of horticulture and site design, i.e. will the plant interfere with structures and site amenities when mature, will site drainage cause over watering, will there be sufficient sun or too much sun, etc. • When landscaping is too close to building structures, understanding what plants can be placed where is important. Will the plant harm the building foundation or will the plant survive under a roof overhang where rain water is likely to collect. • One of the staff issues in working with non - registered or certified designer has been a delay of projects because there are numerous errors in the landscape plan submission process. These errors range from a lack of design skill, submission of non - scalable site plans, to a near complete lack of knowledge with regard to appropriate plant selection and placement. Staff is relying on professional submittals in order to expediently review and approve landscaping plan designs. • Architects and Landscape Architects are prohibited by state law from installing landscapes that they have designed. This restriction is specifically designed to prevent a conflict of interest from occurring between the choice of landscape materials to increase profit and choice of plant materials based on sound landscaping practice. Relationship to Smart Growth Principles Landscaping in the city relates to smart growth principles by: • Creating walkable communities. Landscaping helps to improve the streetscape and helps to define the pedestrian space and a vehicular space by creating a buffer between the two areas. • Foster distinctive, attractive communities with a strong sense of place. Landscaping softens urban hardscape areas such as a street, a parking lot or buildings. The higher the density or intensity of development, the more landscaping that is needed to off -set the impact of development. Smart Growth Principles 1. Mix land uses. 2. Take advantage of compact building design. 3. Create a range of housing opportunities and choices. 4. Create walkable neighborhoods. 5. Foster distinctive, attractive communities with a strong sense of place. 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 7. Strengthen and direct development toward existing communities. 8. Provide a variety of transportation choices. 9. Make development decisions predictable, fair and cost effective. 10. Encourage community and stakeholder collaboration in development decisions. -120- Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 5 Consistency with the Comprehensive Plan Corpus Christi Policy Statements: Commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive in design. "...care must be taken in design of commercial property to make the use compatible with adjacent Residential development... In order to protect residential areas, open space, screening fences, and landscaping should be required ... to make the uses compatible." "Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas Other Cities: Staff has reviewed the requirements from several other Texas cities as follows: Arlington, Texas - requires a Landscape Architect to seal landscape plans submitted with a building permit. Austin, Texas - Landscape plans for sites greater than one acre are required to have the seal and certification of a registered professional landscape architect. Landscape plans for sites greater than %z acre, but less than an acre, are required to have the seal and certification of a landscape architect, architect, or professional engineer. Certification is required for plans less than 'A acre. San Antonio, Texas - only a certified irrigator can submit a landscape plan. College Station, Texas - there is no professional requirement. Essentially, the professional requirements for submission of landscape plans range from requiring a registered landscape architect to no requirement for submission of landscape plans. —121— Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 6 Attachments 1. Excerpt from Ordinance 021767, 1993 ATTACHMENT 1: EXCERPT FROM ORDINANCE 021767, 1993 , j ec" ":_a. AN ORDINANCE 04176 AVa F �1993 AMENDING HEZONINGORDINANCR,BYAMEND } ARIafl O;- LANDSCAPE REQUIREMENTS, BY DEMING SAID qtgfigggps ENTIREIT AND SUBSTITUTING THEREFORE A ; CLE 1 PROVIDING FOR LANDSCAPING TO COMPLY WITH REGULATIONS; REPLACING. PARKING AREA WITH ci' r : USE ARIA FOR CERTAIN LANDSCAPE REQUIREMENTS; SPECIFf'ING FRONTAGES FOR REDUCED LANDSCAPE REQUIREMENTS FOR MULTIPLE S1UET FRONTAGES; MODIFYING LANDSCAPE REQUIRDIBNTS FOR PUBLIC AND QUASI - PUBLIC USES; SPECIFYING ILIXIMtM POINT CREDIT FOR EXISTING AND NEW PIANTMATSRIAL; SPECIFYING NO POINTaEDFTFORTURFGRASS, REQUIRING AUTHORIZATION Di WPITDN0 FOR LANDSCAPING WITHI NSTRERTRIGHIS .OFWAY ; DELETING REQUIRED UPDAIBOF LANDSCAPE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION L That tM Zoning Ordinance of the City of Corpus Chrlstl is hereby amended by amending Article 2711- landscape Requirements, by deleting said article in its cndrety and substituting therefore a new Ardcie 27B - Landscape Regnircments to read as foams: ARTICLE 278. LANDSCAPE REQUIREMENTS (11) The certification on the landscape pion by a architect registered or treed landscape architect, QL certified e8 design, cerdtring that the plans satisfy the requirements of this Article. -1 2 2- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 29, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame * ABSENT John Taylor * ABSENT STAFF: Juan Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:38 p.m. by Chairman Garza. B. ARTICLE 2713 LANDSCAPE REQUIREMENTS — PROFESSIONAL REQUIREMENTS FOR SUBMITTAL F LANDSCAPE PLANS Robert Payne, Development Services presented the above text amendment. Mr. Payne stated on April 1, 2009 Planning Commissioners and staff had a discussion concerning Article 27B Landscape Requirements, specifically who could submit landscape plans to Development Services. Mr. Payne stated the concern was the language "successful experience" recommended by the Planning Commission which was to include those who were not registered. Mr. Payne stated the concern was how to define "successful experience ". Mr. Payne-stated Sean Christopher with Seascapes along with several other landscape professionals were notified concerning today's meeting and the appropriate ads were placed in the paper. Mr. Payne presented two options: option one includes wording stated that a landscape plan must be submitted by a registered architect, registered landscape architect, certified nursery professional or registered professional engineer. Mr. Payne stated by State law registered professional engineer could not be excluded and so the professional engineer was added. The first option is staffs recommendation. Mr. Payne stated option two includes an additional definition of who may submit landscape plans that includes design professional defined as a non - registered individual with a degree in landscape architecture and at least five (5) years successful experience working under the supervision of one of more registered architects, registered landscape architect or registered landscape engineer. Mr. Payne also stated documented successful experience working under a registered professional shall also be provided to Development Services in the following form: (1) a letter(s) of recommendation certifying the competency of design professional to design landscape plan,sj all be signed and sealed and notarized. a e architect or professional engineer Letter(s) from each supervising architect Tadds _ _ ..4o4omnnt c4a4ino the [t@51911e7 is Planning Commission Minutes April 29,2009 Page 2 competent to design and submit landscape plans, (2) timesheet documentation of 5 years of work, totaling 10, 400 hours accomplished within a six (6) year period, (3) multiple sealed letters may be included where the design professional has worked for more than one landscape architect, architect or professional engineer, (4) work must be continuous or with breaks of no more than forty-five (45) working days. Mr. Payne reiterated staff recommends options one (I) and also added that although three categories of professionals obviously take a number of years, the certified nursery professional is much less difficult, requires ongoing education, can be obtained online with the State of Texas, they are currently 15 in the city, pay a fee, take a test and provides an option for a professional who has not graduated from college. In response to Commissioner Skrobarczyk, Mr. Payne stated the Planning Commission had previously voted on a text amendment, the text amendment did not go to City Council due the term "successful" being undefined within the amendment. In response to Commissioner Skrobarczyk, Faryce Goode - Macon, Development Services stated staff placed this item on the agenda to discuss defining the term successful and in addition again presented staffs original recommendation. In response to Commissioner Skrobarczyk, Faryce Goode -Macon stated the 45 days would affect the overall timeline but will not affect anyone if the Planning Commission votes for option one. Commissioner Nadkarni stated concern with the 45 day gap based on the legal basis and used female professional who is on maternity leave as an example. Commissioner Nadkarni stated the 45 days allotted are not sufficient. In response to Commissioner Skrobarczyk, Faryce Goode -Macon stated Mr. Christopher is currently required to have his Landscape plans submitted stamped by an architect, landscape architect or professional engineer. In response to Faryce Goode - Macon, Commissioner Nadkarni stated he would prefer to see a time frame of nine (9) years. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion was made to approve option one (1) by Commissioner Martinez and seconded by both Commissioners Nadkarni and Kelly. Commissioner Tamez expressed concern that Mr. Christopher was unable to attend the meeting and there was no public interaction considering in the past public interaction has had an impact on the Planning Commission's decision making process. Commissioner Tamez motioned to table to text amendment to the next Planning Commission Meeting. —124— Planning Commission Minutes April 29,2009 Page 3 In response to Commissioner Tamez, Commissioner Nadkarni questioned the outcome if again there was no public interaction at the tabled meeting. In response to Commissioner Tamez, Faryce Goode -Macon stated Mr. Christopher was in fact contacted and an ad was placed in the newspaper. Mr. Payne also stated emails were exchanged to inform Mr. Christopher. Mr. Payne also stated there the public has the opportunity to voice their opinion at the City Council hearing. Commissioner Skrobarczyk stated Mr. Christopher had an important sporting event that prevented him from attending the meeting. Vice -Chair Huerta, stated the existing ordinance stands which includes a certified nurseryman and reminded the Planning Commissioner that Sean Christopher still has the opportunity to take the state exam. Chairman Garza also reiterated Mr. Christopher could of sent a representative if he was unable to attend the meeting and voice his opinion at the public hearing. A question was called by Chairman Garza and roll call was taken on the motion to approve option one (1): Commissioner Nadkarni: Yes, Commissioner Kelly : Yes, Commissioner Tamez: Yes, Commissioner Martinez : Yes, Commissioner Skrobarczyk: No, Vice -Chair Huerta: Yes, Chairman Garza: Yes. Motion passed with six (6) commissioners in favor and one (I) opposed and Commissioners Adame and Taylor being absent. —125 - H:IPLN- DIRVSHARED \I. PLANNING COMMISSION■2009 CCWNE'09VANING ORDINANCE TEXT AMENDMENT 4- 29 -09.DOC MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 1, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *James Skrobarczyk — ABSENT* John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saidafla, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Annissa Lambirth - Garrett, CPM, MPA, City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman Garza. IV. DISCUSSION ITEM A. ARTICLE 27B LANDSCAPE REQUIREMENTS — PROFESSIONAL REQUIREMENTS FOR SUBMITTAL OF LANDSCAPE PLANS Mr. Payne stated Planning Commission is being requested to review the word "successful" before going to City Council. Mr. Payne reviewed the current Planning Commission recommendation which requires submittal of landscape plans be sealed by a registered architect, landscape architect or certified nursery professional. Staff states registered engineer needs to be added because state law prevents exclusion of that group. Staff states a complaint has been made regarding a degreed landscape architect who is not registered or has not gone through Texas certified nursery professionaronline program being unable submit. Staff is in approval of plans submitted by those who are registered professionals who must keep up with information in the field and approves of the professional requirements to submit plans. Mr. Payne stated that Planning Commission, however, added "or appropriate design professional" which has been discussed and with the Legal Department's assistance the following definition has evolved: individual either a degreed landscape architect with five years successful experience working under the supervision of a registered landscape architect or a degreed landscape architect with a minimum of five years successful experience submitted landscaping plans to the city. Mr. Payne stated the issue at hand is the word "successful" and its definition which puts Development Services Department in the business of determining criteria for success. Mrs. Goode -Macon stated the purpose in placing the item back on the agenda as a discussion item is due to current wording of Planning Commission's recommendation of the text amendment which includes the addition of the term "successful ". Mrs. Goode -Macon stated this implies Development Services will certify who can submit plans and Development Services is not charged with such task. Mrs. Goode -Macon stated staff is looking for direction with the text amendment. She stated as a question to thec�o pimissioners the following: whether the item should be placed back on the agenda for reconsic a }aiiBi , is there another type of recommendation or Planning Commission Minutes April 1, 2009 Page 2 In response to Chairman Garza, Mrs. Goode -Macon stated this item has not gone to City Council. In response to Commissioner Tamez, Mrs. Goode -Macon stated this item could not be scheduled to go before City Council due to the above stated concerns. Vice -Chair Huerta commented this matter had been voted on previously and his concern remains the fact that Planning Commission's previous text amendment recommendation was in essence asking the City to become a licensing agent or regulating agency when there is a state agency that regulates the practice of these professionals. He stated the city is being put in a compromising situation requiring staff to track and define items such as experience. He also stated different state agencies require extensive process to regulate various professions. Vice -Chair Huerta reiterated that in his opinion the Planning Commission should not place the City in such a position. Commissioner Martinez stated he understands where the problem and/or complaint has been made where individuals who have previously submitted landscaping plans are currently being told they can no longer do so. Commissioner Martinez suggested definition of successful could possibly be grandfathered. In response to Commissioner Martinez, Jay Reining, Legal Department, stated to date all plans have been submitted by a registered architect, registered landscape architect or certified nurseryman. Mr. Reining also stated that to do date there is no history of plans submitted by anyone other than those meeting the requirements. Mr. Sean Christopher, Owner of Seascapes, graduate of Landscape Architecture from Texas Tech in 1984, interrupted Mr. Reining stated the above statement was not true. In response to Mr. Christopher, Mr. Reining stated certain individuals may have been submitting plans but they have been stamped by someone who meets the requirements. Mr. Payne stated that in his conversations with and according to Mr. Christopher, Mr. Christopher has submitted plans without such requirements being met and without being stamped by someone who meets the above stated requirements. Mrs. Goode -Macon stated staff is unaware of how the above statement occurred in regards to submittal of plans by Mr. Christopher. Mr. Christopher stated he has been submitting plans with the City since 1988 which is over twenty (20) years. Mr. Christopher stated his submittals are intermittent and sometimes sporadic. Mr. Christopher stated two weeks prior was the first time he had a plan rejected. Mr. Christopher stated that 2008 was the first time he was made aware that a graduate of landscape architecture could not submit plans due to Article 27B. Mr. Christopher stated the original ordinance allowed for graduates of landscape architecture to submit landscape plans and has issue with the following persons being allowed to submit plans: architects, engineers, certified nurseryman. Mr. Christopher stated that he could indeed go and take the exam for certified nurseryman. Mr. Christopher stated after finding out from Mic Raasch, Development Services, he would no longer be allowed to submit plans, he in turn immediately spoke with former Assistant City Manager for Development Services, Robert Nix. According to Mr. Christopher, he was assured by Mr. Nix the situation was a mistake and would be remedied. Mr. Christopher stated the situation has yet to be resolved and takes issue H.\PLN- DIR\SHARED \I. PLANNING co MMISS1O t� 0 9 CC A.PR1L '09 \ TEXT AMENDMENT ARTICLE 27B 4- 1 -09.DOC Planning Commission Minutes April 1, 2009 Page 3 with the fact the original conceivers of the ordinance allowed for a degreed landscape architect to submit plans and now the city wishes to change the ordinance. Mr. Christopher stated the changes took effect in 1993 but the fact the changes were not enforced until 2008 illustrates the lack of regulatory enforcement on the part of Development Services. Mr. Christopher stated in his opinion there will be no law suits regarding landscaping. In response to Chairman Garza, Mr. Reining stated the problem with the current recommendation from the Planning Commission regarding the landscape text is such that is creates a licensing scheme which requires a whole new set of rules, including affording people due process before determining whether they are qualified under the ordinance and becomes a very elaborate system. Mr. Reining stated this would include the need for public hearings. Mr. Reining stated currently the city has one licensing scheme which is for electricians and this program is being eliminated since the state can license electricians. In response to Chairman Garza, Mr. Reining stated the only licensing scheme the City currently has is with electricians and they are in the process of eliminating that process and allowing the state which already has a licensing scheme to regulate electricians. Mr. Christopher stated it was his belief that the only reason the word "successful" was placed in the proposed landscape text amendment was for his benefit as this would allow him to continue to submit plans. Mrs. Goode -Macon stated with current proposed text amendment a definition of successful has to have the ability to be qualified and in turn the process for doing so would need to be created. In response to Mr. Christopher, Mr. Raasch stated that Mr. Christopher was the only non - certified graduate of landscape architecture who was submitting plans to the City prior to 2008. Mr. Perales, Development Services, stated the problem with the current proposed text amendment is the definition is subjective in nature. Mr. Perales recommended the Planning Commission use the following language: "at least five years experience working under the supervision of a registered landscape architect." In response to Mr. Perales, Commissioner Nadkarni stated concerns with statements made by Mr. Christopher regarding engineers or architects and reiterated that both professions are regulated. Commissioner Nadkarni stated he takes objection to the statement made by Mr. Christopher. In response to Commissioner Nadkarni, Mr. Christopher stated he apologized and it was not his intent to offend the commission. Vice -Chair Huerta stated there would be difficulties qualifying the experience that proposed text is stating. Mr. Huerta stated this places the burden on the individual who is acknowledging or qualifying that the individual has five years of experience. Mr. Huerta stated rather it would be preferable to simply add degreed landscape architect to those that can submit landscape plans. In response to Mr. Christopher, Vice -Chair Huerta is doubtful that submitting plans is the means for his survival and instead his means for survival is primarily installation. Vice -Chair Huerta stated he did not believe Mr. Christopher would be excluded from the practice. Mr. Huerta also suggested that if Mr. Christopher submits the plans that he should in turn abstain from the —128— num., r,omosr.on, 131 .uunir. rnnna.nccTON\2009 CCAPRIL '09 \ TEXT AMENDMENT ARTICLE 27B 4- 1 -09.DOC Planning Commission Minutes April 1, 2009 Page 4 installation of the material similarly to an engineer and architect and not doing so could constitute a conflict of interest. Mr. Huerta also reiterated that Mr. Christopher can go and take the examination and does not understand why Mr. Christopher continues to reject that option. Mr. Huerta stated again that if the Planning Commission wished to find a way to include Mr. Christopher to simply add the degreed landscape architect to those allowed to submit plans. Mrs. Goode -Macon stated today's discussion is simply for the Planning Commission to provide direction as to add criteria or not to add criteria for staff to provide a recommendation. Commissioner Taylor stated enforcing Planning Commission's suggested text would be difficult. Commissioner Taylor stated going back to basic wording such as "certification and or licensed design professional." Commissioner Taylor stated to Mr. Christopher that for a nominal fee of $75 Mr. Christopher could take the examination. In response to Commissioner Taylor, Mr. Christopher agreed that he could indeed simply take the examination and keep up with continuing education to keep his certification current. In response to Mr. Raasch, Mr. Christopher took argument to the statement that there are currently fifteen (15) certified landscape nurserymen. Mr. Christopher stated landscape design was not rocket science and was still confused as to why these regulations and qualifications were attempting to be implemented. In response to Mr. Christopher, Commissioner Taylor stated intent is based on accountability. In response to Commissioner Taylor, Mr. Christopher questioned why accountability is an issue. Mr. Christopher questioned whether there has ever been a situation where the City has been sued over landscaping issues. Mr. Christopher also stated the reason he has not or does not want to take the certified nursery examination is because he does not want to pay the dues to an organization or process that he not wish to partake in. In response to Mr. Christopher, Commissioner Taylor stated the C ity cannot be burdened with being the Texas Department of Licensing and Regulation for landscape professionals. In response to Commissioner Taylor, Mr. Christopher questioned why the ordinance was changed to not include degreed landscape architects. In response to Commissioner Taylor, Mr. Christopher stated that you can in fact practice landscape architecture without being licensed but the landscape architect cannot call himself a registered landscape architect. Mr. Christopher also stated he has never had a complaint with the Better Business Bureau. Mr. Christopher also stated he appreciated the Planning Commission's time and attention. Mr. Christopher also stated that he did not understand why this issue was back before the commission when the commission had already voted to approve the text amendment and send to the city council with the exclusion of Vice -Chair Huerta who voted against approving the text amendment. Commissioner Nadkarni stated that previously engineers used to get their licensing based on experience, but that laws change and rules change. Commissioner Nadkarni stated currently an engineer cannot practice in the state of Texas without taking the exam and getting his license. He H:\PLN- DIR\SHARED \1. PLANNING COMMISSION\2009 L'09 \TEXT AMENDMENT ARTICLE 27B 4- 1- 09.DOC Planning Commission Minutes April 1, 2009 Page 5 stated a person who chooses to not go out and obtain licensing is at fault, not the state of Texas. Commissioner Nadkarni also stated that he was not present for the previous vote and the city should not be in the business of licensing. Public hearing closed. In response to Vice -Chair Huerta, Mrs. Goode -Macon stated the item was requested to be brought back to Planning Commission by those at the City Manager's level. Mrs. Goode -Macon stated there is a review committee who reviews all ordinances and proposals before they go before to council and the terminology "successful" came into question. Mrs. Goode -Macon stated staff could not define "successful" based on Planning Commission's recommendation. Commissioner Nadkarni, questioned again how "successful" would be qualified and quantified and suggested a letter of recommendation for five years of experience from a potential applicant. Commissioner Nadkarni stated that doing so could eliminate the subjectivity. In response to Commissioner Nadkarni, Mr. Reining brought to point wording needed to be more precise. In response to Mr. Reining, Commissioner Nadkarni suggested wording the text including the use of reference letters. In response to Commissioner Nadkarni, Vice -Chair Huerta questioned how to quantify the experience. Mr. Reining stated through previous experience in quantifying mariner's experience for example, a year of experience translated to three hundred and sixty five (365) days of documented experience with signs on and sign offs for those days. Commissioner Taylor reiterated Development Services has enough to do and there is already a regulatory agency in place to regulate those in the landscaping profession. Commissioner Taylor is in favor of the original language which included certified nurseryman. Commissioner Taylor also stated the documenting of days, months and years of experience would be tedious and time - consuming. Commissioner Kelly stated she would voice her opinion when this item is placed on the agenda in the future. -130- ....nnrn�nnnnn nn. • non 'nowayT AA/CXTAI"UT AOTI!`I V 1'I" d_1110 INN' MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, February 4, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame Absent: Govind Nadkarni STAFF: Johnny Perales, PE, Interim Assistant City Manager of Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldafia, 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 usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order 5:34 p.m. by Chairman Garza. D. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQU EEEMENTS, SECTION 11 SUBMITTAL PROCEDURES — TABLED FROM JANUARY 21, 2009 Mr. Payne presented a proposed text amendment to the above stated ordinance. Mr. Payne stated landscape plans must be submitted by a registered architect, landscape architect, or certified Nursery Professional, certifying that the plans satisfy the landscape requirements in the zoning ordinance. Staff provided two alternative recommendations. The first was no change to the existing language. The second proposed amendment has revisions that would allow submittal of landscape plans by a noncertified and nonregistered designer with a landscape architecture degree, and experience under the supervision of a registered architect or experience in submitting plans to the city. Staff recommendation is to leave language as it currently is written. Planning Commission recommendation is to adopt the new language without subsection 27B -11.B which would require that a registered landscape architect or registered engineer to seal all landscape plans. This is the section that pertains to easements and acre limits. Public hearing was opened. On behalf of Mr. Sean Christopher, owner of Seascapes and a degreed landscape designer, Mr. Arnold Gonzalez, Jr., Legal representative for Mr. Christopher, came forward. Mr. Gonzalez stated opposition to the proposed text amendment based on Mr. Christopher's experience. Mr. Gonzalez urged the commission to change the amendment to the second alternative. Vice -Chair Huerta expressed oPpoli &dirto the proposed change. Vice -Chair i 4 ..Pantatina hndv and the City should not be Planning Commission Meeting February 4, 2009 Page 2 responsible for proofing landscape plans. Vice -Chair Huerta cited increased responsibility for landscape planning and insurance liabilities as reasons to require that all landscape plans be submitted by a registered architect, landscape architect or certified Nursery Professional. Vice -Chair Huerta also stated changing the ordinance places burden on staff and that Mr. Christopher has the ability to taken the certification examination. Motion to approve the proposed revision was made by Commissioner Tamez. Commissioner Tamez then requested his motion be amended to approve the proposed revision but excluding 27A, 11 b. Motion was seconded by Commissioner Skrobarczyk. Roll call was taken. Motion passed with Commissioners Adame, Kelly, Tamez, Martinez, Skrobarczyk and Chairman Garza in favor, Vice -Chair Huerta opposed and Commissioner Nadkarni being absent. -132- k,nlra&tk T f: A 110 TM MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 21, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tatnez Govind Nadkarni Johnny R. Martinez Evon J. Kelly Mark Adame ABSENCES: None STAFF: Johnny Perales, Interim Assistant City Manager of Development Services/ Special Services Miguel Saldafia, AICP, Special Services Bob Payne, AICP, Senior City Planner Dan McGinn, Project Manager Annissa Garrett, City Planner Andrew Dimas, Planning Technician Yvette Aguilar, Assistant City Attorney Debra Brown, Assistant City Attorney Elena Juarez, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman Garza. C. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES (Continuation) Mr. Bob Payne presented information regarding text amendment and would allow submittal of landscape plans by a non - certified and non - registered designer with a landscape architect degree and, experience under the supervision of a registered architect or experience submitting plans to the city. The proposed amendment also contains a change to allow a registered engineer to submit landscape plans consistent with state law and specific criteria for sites and landscaping situations where landscape plans must be sealed by either a registered landscape architect or a registered engineer. Commissioner Skrobarczyk stated concerns as to whether those involved in the changes were present at the meeting. Public hearing was opened. No one came forward in favor or in opposition Public hearing closed. Motion to table proposed text amendment to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni being absent for the vote. -133- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday December 10, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Evon J. Kelly Govind Nadkarni James Skrobarczyk David Loeb John C. Tamez ABSENCES: Johnny R. Martinez I. Garza. D. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldana, Special Services Lisa Wargo, Senior City Planner Jay Reining, First Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES Bob Payne presented the following text amendment for presentation and approval to the Planning Commission. On April 22, 2008 City Council approved a revision to Article 27B which slightly changed the requirement as to who can stamp an acceptable landscape plan. There have been some concerns expressed by individuals who had previously submitted site plans but, due to the amendment and staff enforcement of the code, can no longer submit site plans. This new amendment is intended to allow designers who had previously been able to submit site plans to continue to do so. A. (11) The certificate on the landscape plan, that the landscape Plan satisfies the requirements of this article, by a registered architect, landscape architect, certified Nursery Professional, or an experienced landscape design professional meeting a minimum Development Service Department criteria that includes a minimum of 10.400 hours or five years of successful experience designing landscape plans under the supervision of a registered architect landscape architect or Certified Nursery Professional. Public hearing was opened. —134— Planning Commission Minutes December 10, 2008 Page 2 Shawn Christopher, 1130 Graham, Corpus Christi, Texas stated he had worked under a landscape architect for five years and then started his own business. I have a degree as a landscape architect and recently attempted to turn in a plan at the City, and was told I was unable to do so. Mr. Christopher stated that he would like to have some consideration shown to allow a person with a degree in landscape architecture to submit landscape plans. Commissioner Loeb stated the intent was not to say that you have to be certified in landscape architecture but to prevent individuals who had no training or experience in doing any type of landscaping to bring in plans for comments and making staff ultimately design the project for them. Robert Gignac, 206 Sandpiper, Corpus Christi, Texas stated there is still some work that needs to be done on the proposed amendment. His main concern was regarding the criteria required to draw plans i.e., a minimum of 10,400 hours or five years of successful experience designing landscape plans under the supervision of a registered architect, landscape architect or Certified Nursery Professional. Mr. Gignac stated he has had individuals who worked for six years, were not landscape architects, who would fit the criteria yet is not qualified to draw plans. He doesn't have the background in horticulture, etc. Mr. Gignac stated I think the easiest solution would be to require Certified Nursery Professional to state test and require ten hours of continuous education every year. The term "landscape designer" should also be deleted. Also, proving the liability of who meets the criteria is difficult. Mr. Gignac suggested looking at some alternate language before approving it. Public hearing was closed. Motion to table the amendment to the January 7, 2009 Planning Commission meeting was made by Commissioner Loeb and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Martinez being absent. -135- Page 1 of 3 AN ORDINANCE AMENDING SECTIONS 27B- 11(A)(11) AND 27B- 12(B), CORPUS CHRISTI ZONING ORDINANCE, RELATING TO THE CERTIFICATION OF LANDSCAPE PLANS ; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, December 10, 2008, January 21, 2009 and February 4, 2009, during meetings of the Planning Commission, and on Tuesday, June 16, 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 Section 27B- 11A.(11), Corpus Christi Zoning Ordinance, is revised to read as follows: "Section 27B -11 Submittal Procedures. "A. When an application is made for a building permit on any site where these landscape requirements are applicable, the building permit application shall be accompanied by a landscape plan containing the following information: * * * "(11) The certification on the landscape plan that the landscape construction documents satisfy the requirements of this Article, must be made by a registered architect, registered landscape architect, er- certified Nursery Professional, or registered professional engineer certifying that ; and„ * * SECTION 3. That Section 27B- 12(B), Corpus Christi Zoning Ordinance, is revised to read as follows: "Section 276 -12 Maintenance and Inspection The property owner shall be responsible for the maintenance of all landscaping required and approved by this Ordinance. —136— Page 2 of 3 "(B) The installation of landscape material, as shown on the approved landscape plan, chall must be certified by the property owner's registered architect, registered landscape architect, certified nursery professional, or registered professional engineer, - Professional and shall must be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy." SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, 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. 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 6 A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 7. 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. —137— Page 3 of 3 That the foregoing ordnance was read for the first time and passed to its second reading on this the / (p day of lq , 2009, by the following vote: Joe Adame v Priscilla Leal Odakaseilk Chris N. Adler_ John Marez a LI . Brent Chesney _i ^ K- Nelda Martinez Oil Larry Elizondo, Sr. O1r1 Mark Scott col Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: B Joe Adame Mayor , 2009 eborah Walther Br Assistant City Attorn For City Attorney —138— 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING— ZONING (City Council Action Date: June 23, 2009) ITEM: Case No. 0509 -03, Roland & Robert Beck, DBA South Texas R & R Rentals. - A change in zoning from the "F -R" (Farm - Rural) District and "B -4" (General Business) District to "1 -2" (Light - Industrial) District resulting in a change of land use from vacant use to light industrial use on the property described as Hudson Acres Annex Lot 10, Block 1, generally located on the southside of Leopard Street, approximately 500 feet east of Main Drive and 1000 feet west of Rhew Road. PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION (May 13, 2009): Approval of the Applicant's request for a change in zoning from the "F -R" Farm -Rural District and "B -4" General Business District to an "1 -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings. REQUESTED COUNCIL ACTION: : Approval of the Planning Commission and Staffs recommendation. STAFF'S SUMMARY: Request: The applicant is requesting a change in zoning from the "F -R" Farm -Rural district and "B -4" General Business District to an "1 -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings for industrial uses. Existing Land Use: The subject property is vacant. To the north is light industrial developed property and vacant land. To the east and south is vacant land. Directly adjacent to the west is the Hudson Acres single family subdivision. Existing Zoning: The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land until infrastructure are available to the area. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. 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 applicant is requesting a change in zoning to the "1 -2" Light Industrial District which provides 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 "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot —141— side and rear set back is required. The 1-2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. Transportation & Circulation: The subject property has access to Leopard Street. Currently, Leopard Street is an A -3, four -lane, divided and paved arterial road with 160 foot right -of -way. Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Light Industrial use; therefore, the proposed "1 -2" Light Industrial Zoning District is consistent with the City's Comprehensive Plan Plat Status: Property is platted. Department Comments: • The Applicant's request to rezone the subject property from the "F-R" District and "B-4" District uses to the "I -2" Light industrial use is consistent with the City's Future Land Use Map and the intent and policies of the Area Development Plan in place. • The Applicant will be required to adhere to the requirements of the City's Building Code and Zoning Ordinance, including fencing and any landscaping required for the project. Notification: Of the fifty three (53) notices mailed to the surrounding property owners, one (1) notice was retumed in favor and three (3)(.86 %) 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. FGM Attachments: 1. Zoning Report 2. Planning Commission Minutes (May 13, 2009) 3. Ordinance and Site Plan —1 4 2— A \is Juan Perales, P.E., Interim Assistant City Manager of Development Services Office # 361.826.3570 JohnnyP @cctexas.com Faryce Goode -Macon Office# 361.826.3260 FaryceG @cctexas.com Senior Planner CITY COUNCIL ZONING REPORT Case No.: 0509 -03 Planning Commission Hearing Date: May 13, 2009 Applicant: Roland & Robert Beck, DBA South Texas R &R Rentals Owner: Roland & Robert Beck Agent: Roland Beck Legal Description/Location: Hudson Acres Annex Lot 10, Block 1, generally located on the southside of Leopard Street, approximately 500 feet east of Main Drive, and 1000 feet west of Rhew Road. Zoning Request From: "F -R" (Farm- Rural) District and `B -4" (General Business) District To: "I -2" (Light - Industrial) District Area: 17.81 acres Purpose of Request: A change in zoning from the "F -R" (Farm - Rural) District and "B -4" (General Business) District to "I -2" (Light - Industrial) District for outdoor storage use and the construction of future metal buildings for industrial uses. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -RB -4" District Vacant Light- Industrial North "I -2B -4" District Light - Industrial Light - Industrial South "F -R" District Vacant Light - Industrial East "F- R/I -2" District Vacant Light- Industrial West "R -1B" District Low- Density Residential Low- Density Residential ADP, Map & Violations Area Development Plan: This lot is located in the Port/Airport/Violet ADP and is planned for light industrial uses. The proposed change in zoning to an "I -2" Light Industrial Use is consistent with the adopted Land Use Plan which designates the area for light industrial uses. — Map No.: 056046 Zoning Violations: None —143— STAFF SUMMARY Request: The applicant is requesting a change in zoning from the "F -R" Farm -Rural district and `B -4" General Business District to an "1 -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings. Existing Land Use: The subject property is vacant. To the north is light industrial developed property and vacant land. To the east and south is vacant land. Directly adjacent to the west is the Hudson Acres single family subdivision. Existing Zoning: The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land until infrastructure are available to the area. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. 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 applicant is requesting a change in zoning to the "I -2" Light Industrial District which provides 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 "1 -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. Transportation & Circulation: The subject property has access to Leopard Street. Currently, Leopard Street is an A -3, four -lane, divided and paved arterial road with 160 foot right -of -way. Street R.O.W. Street Type Existing ROW and Paved Section Volume (2001) Leopard Street A -3 primary arterial- divided 160'/28' paved each side 7968 trips —144— Infrastructure Demand: • Water: An 8" water line runs parallel with Leopard Street and Main Drive. • Wastewater: A 10" wastewater line exists down the center of Main Drive. • Stormwater: A 10" stormwater line exists down the center of' Leopard Street and Main Drive Gas: A gas main line exists along Leopard Street and Main Drive providing gas service. Public Safety: •A Police: The subject site is located within the Al0 Directed Patrol District. This district experienced 637 crimes in 1993, which decreased to 380 crimes in 2005. • Fire & Rescue: Fire Station #12 on Rande Morgan Road is the closest fire and rescue center to the subject property at just over 2 miles away. FEMA Flood Information: Flood Zone C - Areas outside the 1- percent annual chance floodplain, areas of 1% annual chance sheet flow flooding where average depths are less than 1 foot, areas of 1% annual chance stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 1% annual chance flood by levees. 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 Light Industrial use; therefore, the proposed "I -2" Light Industrial Zoning District is consistent with the City's Comprehensive_plan. In addition, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. 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. —145— 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 takes advantage of the expansion of the industrial use transition occurring within this area. The subject property and properties to the north, east, and south of the subject property are designated for light industrial use under the adopted Future Land Use Map, and the neighborhood to the west is a residential neighborhood in transition to industrial use (See Policies B.9 and B.10 below of the ADP). 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. INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. The "R -1B" neighborhood District located to the west and adjacent to the subject property is in transition from residential to industrial use. The proposed industrial use is required to place a 6 foot solid fence along the subject property. The fence will reduce negative impacts of the development. PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN CONSISTENCY: POLICY STATEMENT B.10. The residential neighborhood on Main Drive and north of McNorton Road extended are neighborhoods in "transition" from residential land use to industrial land use. (see policy statement B9 and the Future Land Use Plan map) Staff Comment: The Applicant's request for rezoning of the property meets the intent of the City's Future Land Use Map and the intent of the Area Development Plan. The subject property is located adjacent to the one of the neighborhoods that is in transition from residential use to industrial use as stated in Policy Statements B -9 and B -10. 1 AC- Plat Status: Property is platted. Department Comments: ❖ The Applicant's request to rezone the subject property from the "F -R" District and "B -4" District uses to the "I -2" Light industrial use is consistent with the City's Future Land Use Map and the intent and policies of the Area Development Plan in place. ❖ The Applicant will be required to adhere to the requirements of the City's Building Code and Zoning Ordinance, including fencing and any landscaping required for the project. Planning Commission and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "F -R" Farm -Rural District and `B -4" General Business District to an "I -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings for industrial uses. d © Number of Notices Mailed area Favor Opposition (As of May 26, 2009) Total — 53 within 200 foot notification area; 0 outside notification — 1 (inside notification area); 0 (outside notification area) — 3 (1.69 %) (inside notification area); 0 (outside notification area) Attachments: I. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 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 —147— U 4U94Oil • CASE # 0509 -03 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood eysziog t_ci•• : "as. Also available Map Scale: 1:31,660 1 SUBJECT PROPERTY L 0 400 I I ... ••• 1 ,-- 1 — • , 800 Feet ---- icy , a 1 1 1 <re o I 1 ..- CC c) 3. UBJECT PROPER 4/27)2009 Prepared Ely. SRP Dep... rent at Development erwces CASE # 0509-03 2.a. NEIGHBORHOOD - EXISTING LAND USE,) c Enate Residential - ER [ - Low Density Res. - LDR d Dc usity Res. - MDR I .PPLI ■.1 Density Res. - HDR Ile Home - MH Profi .bnal Office - PO aninercial - COM r Li I I CP Map Scaie: 1:10,000 Light Industrial - LI Heavy Industrial - Hl Public Semi-Public - PSP Park Drainage Corridor - DC Conservation/Preservation - CP Water LOCATION MARI 11 SUBJECT PROPERTY CC/A ?•1 = City of • c, k.. (MIMS PE.,!? Ch rLsii S I. L L7,1 I RD .op 800 Feet 6-% s f'27'2099 c CASE # 2.b. SITE- EXIS Enate Residential - ER [ - Low Density Res, LDR d Dc usity Res, - MDR I uu.1 i Density Res. - HOR Ile Home - MH uroh .bnal Office - PO aninercial - COM 0509-03 TING LAND USE f L H I p , I • CP Map Scale: 12.400 Light Industrial - LI Heavy Industrial - Hl Public Semi-Public - PSP Pm* Drabiage Corridor - DC Conservation/Preservation - CP Water \ SUBJECT PROPERTY 'LOCATION MAP ic.:i1,2; of /Iglus Christi LEO 1,.I 0 Fi Ppgs Ll L ] pew n'vr nSc osp O �1I �111rrr' LDRI HI L Li LI LI { { LOP LDR LDf� SUBJECT. PROPERTY LI H CASE # 0 a. NEIGHBORHOOD - Agricultural /Rural - AR Estate Residential - ER - Low Density Res. - LDR - - rsity Res. -MDR a,J ^gh Density Res. - HOP le Home - Mkt .,cant = VAC - [7, Foot-. tonal Office -PO -- i Conon ercial- COM Transportation Plan .'iferib!s Collector -- --. Expr ass o ✓ays urur. Parkway - t;. +} Railroad f Lt J DP f cp 509 -03 FUTURE LAND USE Tourist - TOR Ra,aarch /Business Park - RBP Light Industrial - LI Heavl Industrial - HI Pub!- Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation/Preservation - CP Map Scale: 1:10000 LOCATION MAPI 1 1. SUBJECT ,.,• PROPERTY _ �f 1_ i(ityof t .Orj!I is C :hr sll cc, LI ST1l V✓FL LJ 1.11R- ER LOR —LDR MIN SLDSLIECT PROPERTY /,I LDR cc LI 1 I LI LI CASE # 0509 -03 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR Tourist - TOR 1 Estate Residential - ER 1 =e.•] R- s?arcl) /Business Park - RBP - - Low Density Res. - LDR f LI ] Light Industrial - LI ,sity Res. - MDR Heavl Industrial - HI an Density Res. - HOR mr1 Pub'' Semi - Public - PSP Ile Home - MH Park - 1 ...cant -VAC _ Drainage Corridor - DC ' 'on Tonal Office - PO "P Dredge Placement - DP _ an. ,..✓cial -COM l ] Water CP Conservation/Preservation - CP Transportation Plan .491erib's Collector - - --. Expresslvays ur- -. Parkway } Railroad Map Scale: 12.400 1 1 SUBJECT PROPERTY 94 City of _ corpus Is 'LOCATION MAPI Christi Tf JL vL' ELL 'fib lkLL✓t` -1: T1 E L— Lf' :T'J' 'J S ^•i 1RCLt -+... SU UNT! UEyit T1. Tf'4•CT DE if :D ::!STRIA!. PA R,4 L.ADD �bn T tr R; ASSESSORS MAP 120 eU'6:_b- NJ -.IIiTRIA' TRA'OTS UN A s., t.S S 0 R S M A P ! J G L H•r_ CASE # 0509 -03 4. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E- ::r!o, La.si Use 41-so available di ,.. !.l..c; te•:as.com 1 SUBJECT PROPERTY A - • '1 City Of ' I t.fir' ?I Ia 'LOCATION MA '1 Christi UM'O C1RCt TRACT 7 EL. E4p4t T HEX ASSESSORS MAP 140 SSESSORS MAP 141 RHEW INDUST AL TR6tCTS U 40 41 42 43 z'. SSORS MAP 440.. 25 4127'2000 FrepatedSy SRR development Se vices CASE # 0509 -03 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY LOCATION MAP A 2A ILLWEL 28 1 4', / $TDC- xs-ETH T 2 I. BTE R O $ 3 BEARQ4N 'ND rut MA.. P' 141r Ut OSO C ASS SSORS MA tutOT CT 4 -A TR/ CT 3 -8 TR.• fTFA ASSESSORS MA P 140 RHEW IN TR144 TRA T ORS MA 14 P 0 40,0 800 Feet CASE # 6. SITE - EXIS NOTICE AREA A -1 Apartment House D Iri t 418 ARS 1 _v l ouse D 1ri l P-2 Ms Im nt house pinnsk HE Processional ©r-Le Distant AT HpaiI ntTcurisst LLstd.t B-1 lbeigeboi h e Busine r D>rold B14 NsigUmrhood Buonoso Dltirfa E? Bayfrcut Business Distrust BRA bainer Island Business District E-; Eusiness Gretnci. B-4 (general Busing District F-3 Orman; BUSiiress Piste, E5 Frinlam Business Core District ED Cori LIS Christi Reach Design DISC F:R Fenn RI, al Clad& HC Matto pal-Sulfured Landmark Preservation 101 p 00' UNIT 1 T -1B 4/2];2009 pat*d- 8y --SRR- pmentServices 0509 -03 TING ZONING, & OWNERSHIP 1 -1 Limited Industrial Distnct 1-2 L:FI ludustn l DiStrlq 1-3 Heavy Industrial Dist'ct Pgp Panned Unit Development R- A Ore Family Paeans Dl9blec R =B One Family Defiling DR/^t romily Dselltg Distort R- t It ele Dave ling pianist Fre One Family Grueling District RE Residential t5tele DIADan R- H Three, : ae Deeling District SP P : al Parini R1A Tunnel hailer Park 0012 T-1B Nxnufaeturad Hma Perk DLtdet ."--ser Manufactured Home 9 brttdslan Deer e' rigor raves A at¢rie ?DO 's:etl v Otvr eca adached ovaiererba aa'e reCpuasGad RCLE NEX ASSESSORS MAP 14. SSESSORS MAP 141.. 5 RHEW INDUST 7 AL TR tCTS U IT 20 15 412h'2OP4 erepa,r Sy SRR Develop Se vices CASE # 05 09 -0 Planning Commission and Staff Recommendation Approval of the Applicant's request for an "1 -2" District SUCJECT PROPERTY. Ordinance No.: OCATION MAP City of Corpus Christi r ;O CIRCLE BEARINEN IND. Cc-) ii NEX ASSESSORS MAP 140> SSESSORS MAP 14.,1.. RHEW 1NDUST 4 s 7 I2 AL TRtCTS U IT 10 11 12 13 14 15 4/27''2009 erepa,it?y SRR devefopoient Se vices CASE # 05 09 -03 Applicant's Request From: "F -R" and 'B -4" To: "1 -2" SUBJECT PROPERTY Ordinance No.: OCATION MAP City of Corpus Christi vxdttuEivinQrt COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0509 -03 Name: Roland & Robert Beck DBA R &R Rentals Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 53 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 (.83%) #46 Gonzalo & Irma Fuentes, 1404 Main Drive: "Because this is a residential area not a business place" II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 -165- NUECES CO. OWNERSHIP LIST CASE NO. 0509-03 Iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii M aR S Ra0R8s000ps890 K 000g9Q8g0000 gg digdoeadddacceddddeeceddedc cccc de -r EI ° IBRRM8gaRgRg08Rr7 .8RAR8ARag8 glifAfia Egg$y=M°o°seesssssoe m Ym go i R'RRZWRIZMemARRRO RF,RB°.°0 w lg /111111111/1111111111111111111111111111111111111m Y g8g87Rgg7R88gggggg4rog dodos- dce.-ccecceeeei''wdg 81.°, 171Cp�a.RRBiKBIR8gR g3g gCgF��S veee�aee��sssso��MS��m� 0 h N s 898 sg9sssa sS ^ga4ss sss8�8 ss89 "s a5 ZE ZZEeE3 111111111/ 1111ggg11tg11111111 ,a1�aaaaa/11aaaa1aaa11P1az K CCrrre= rr: kr_ CZ` rCe` rGtpr_ rCrrrCpCrC i`rr:CC ".rG:"" """"r"....CC EKEg EEKKEEEE,gEggE,56 65HK t E99E9929999 999999 K a ggaa!tHIgsana5aa§FAAA§11§ II M Eggig € €ggl E 11sea1111111e`` s111111111s11111asss0000 0001o00000 m1a 1 is E fgg Y Op: u : x SF $ zs��y- w i i sis maggs_ �RE a E08°ogi y Q § 4in § 6 g �¢° �s h gA i00 og Ti oIggogsggo �R2 <gggg g�g2° gg &1 :111'1 1 gk s gR k3gNB 6agg ggR NR agg333w$k ss�iz< �ad %I Pi ��_i °�� $� ,11 is -A .111 2E 14°€ 3/31111 115 11111liaiigilliglii111 k @ ;/ 3 1$ �$ 1 n I' 3�111111 i0 1141114213111111111"21i }� � o'k v > g's si o °Ns. od 2'� S >F3 -N 7m @l3 g I1111iiIiiii111 /11111111111111111111 e'"' ^•1eO^ • 1Ae^e eR' gRaRRIIPSRSRRaRRkAR9 :77399:978s9a —166— ATTAWI or& r - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -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 "F -R" Farm -Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) ( 3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. (6) Brush land and pasture land. (7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. (9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses. (1 1) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) 02/08 (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each faun or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty -five (35) feet in height nor overhang or project into the public right -of -way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. -167- F -R - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters. (Ordinance 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not Tess than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/1 I /01) Section 443 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off -street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 444 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 445 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 446 Supplementary height and area regulations are contained in Article 27. 02/08 -168- F -R - 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 "13-1" 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 an d nanoed home sales and ) storage. ( 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) (I I) 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 -169- 8.4 - 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 -IB ", "R -1C" "R -2", "A -I ", "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 -1B ", "R -1C" "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 -170- - 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 "B -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 -171- 1 -2 - 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 blendingand packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meatproducts, 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 Boatmanufacture (vessels less 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 02/08 1-2 -172- 02/08 - 97- 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 Pacer 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 internal 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. -173- I -2 - 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 -IB ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -IB ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 204.03 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 "1 -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 12 -174- - 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 -175- 1-2 Attachment 10 Zoning Case: 0509 -03 Ronald & Robert Beck; From: "F -R" Farm Rural District & `B -4" General Business District to "I -2" Light - industrial District. 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 —176— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, May 13, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni * Absent Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode- Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Lisa Wargo, Senior City Planner Annissa Garrett, City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Marco Castillo, Project Manager Dan McGinn, Project Manager Robert Payne, AICP, Senior City Planner Si usted quiere dirigirse a la comision y su ingles es limitado, habrh un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:40 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. NEW ZONING b. Case No. 0509 -03 Roland & Robert Beck — A change of zoning from "F -R" Farm -Rural District and "B-4" General Business District to an "I -2" Light Industrial District resulting in a change of land use from a vacant use to a light industrial use Hudson Acres Annex, Block I, Lot 10, located on the southside of Leopard Street approximately 500 feet east of Main Drive and 1,000 feet west of Rhew Road. Lisa Wargo, Development Services, presented the above case stating the applicants as Roland and Robert Beck. Ms. Wargo stated the applicants are requesting a change of zoning from "F -R" Farm -Rural District and a "B-4" General Business District to an "I -2" Light Industrial District resulting in a change of land use from vacant use to a light industrial use on the property described above. Ms. Wargo stated the purpose of the district is to provide for continued agricultural and cultivation. She also stated the following: the district also assists in the control of scattered commercial and industrial uses, use regulations permit single family dwellings, farm labor camps, field and truck crops, brush and pasture land, livestock raaghysjescept swine and guest ranches, and oil en kome anti arrresnry huildines are also permitted and a minimum lot size requirement of five (5) acres. Ms. Wargo stated regarding the "I -2" district: provides for light manufacturing, fabricating, warehousing, and wholesale distributing, off- street loading with access to a major street or railroad, front yard setback of twenty (20) feet, no side or rear yard setbacks, unless adjacent to residential district which would require ten (10) side and rear yard setbacks. Ms. Wargo stated staff is recommending approval of the applicant's request for a change in zoning from the "F -R" Farm -Rural and `B -4" General Business Districts to an "I -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings in the future. In response to Commissioner Skrobarczyk, Yvette Aguilar stated fencing would be required if the adjacent lot is occupied. In response to Commissioner Tamez, Lisa Wargo stated the Smart Growth Principles rating is low because there is currently residential development adjacent to the subject property. In response to Vice -Chair Huerta, Juan Perales, Development Services stated the case the Vice -Chair most likely recollects is the Rhue Industrial tracts project. In response to Commissioner Skrobarczyk, Mr. Perales stated there were several items associated with Rhue Industrial tracts having to deal with Master Wastewater plan. Commissioner Tamez stated he was uncomfortable with light industrial district next to residential district. Public hearing was opened. Roland Beck, 615 Colonial, Portland, TX, is the applicant and came forward in favor. Mr. Beck stated currently they are using the area for light industrial and were unaware the area was in fact not zoned for light industrial. Mr. Beck stated he only wants the area zoned light industrial to allow for outdoor storage of oil rig vehicles. Mr. Beck also stated he had no interest in placing fencing along the property line because the storing of the oil rig vehicles is merely a courtesy to their customers. In response to Commissioner Taylor, Mr. Beck stated fencing might be considered if high dollar equipment is stored on the property. In response to Commissioner Taylor, Mrs. Goode -Macon stated the "I -2" District requires fencing adjacent to residential properties. Public hearing closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed with Vice -Chair Buena and Commissioner Tamez in opposition and Commissioner Nadkarni being absent. H:1PLN- DIR'SHAREDU. PLANNING COMM1a&009 CCVUNE '0910509 -03 MINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROLAND AND ROBERT BECK, DBA SOUTH TEXAS R&R RENTALS, BY CHANGING THE ZONING MAP IN REFERENCE TO BLOCK 1, LOT 10, HUDSON ACRES ANNEX, FROM "F -R" FARM - RURAL DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "1- 2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Roland and Robert Beck, dba South Texas R &R Rentals, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 13, 2009, during a meeting of the Planning Commission, and on Tuesday, June 23, 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 Block 1, Lot 10, Hudson Acres Annex, located on th'e southside of Leopard Street approximately 500 feet east of Main Drive and 1,000 feet west of Rhew Road, from "F -R" Farm -Rural District and "B-4" General Business District to "1 -2" Light Industrial District. (Zoning Map 056046) (Exhibits A and B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. —179— . ....,...,.. --....... ncno_n2RerkdhegTyRRRnntals -I -7. doe Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of June, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: June 15, 2009 eborah Walther Brow Assistant City Attorney For City Attorney —180— Page 3 of 3 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott -181- _ ne∎ non--ninn ncilC u13_RarkdhnRTrRRRentals -1 -2 doc C.IRC ASSESSOR MAP 140 SESSORS MAP 141 RNEAY INOUS AL TR9 CTS U tfi -1 /SP SSORS MAP Sao CA E #05 ;Cal OM I';.f Applicants Request From: "F-R" and "B-4" To: "1 -2" SUBJECT PROPERTY Ordinance No.: -182- BEARRAN In0 ' i) \ tUN IND i`I ' ASSESSORS MAP 13. 7 3 ASSESSORS MAP 100 SESSORS MAP 191 PHEW INDUS? IT SSORS MAP 190 10 11 12 13 14 15 4 CASE # 0509 -03 Planning Commission and Staff Recommendation Approval of the Applicant's request for an "I -2" District Ordinance No.: L y LOCATION MAPI SUBJECT PROPERTY -183- 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 23, 2009 AGENDA ITEM: RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S ENERGY MANAGEMENT PROGRAM TO REDUCE ENERGY AND FUEL CONSUMPTION, INCREASE ENERGY EFFICIENCY, DEVELOP RENEWABLE ENERGY INITIATIVES, AND IMPLEMENT A GREEN CITY PROGRAM ISSUE: At the State and Federal levels, energy consumption and conservation, renewable energy development, climate change, and fuel diversification has been central to public policy debates in almost every facet of American life. In the State of Texas, studies suggest our population will double by the year 2050. Policymakers in Texas have begun the process of planning for the future energy needs of our state and have focused significant attention not only on increasing generation capacity and expand renewable energy goals, but they have also placed an emphasis on energy conservation as a means to curb the need for additional generation. During the 80th Legislative Session of Texas in 2007, lawmakers focused their efforts on two bills addressing the issue of energy conservation. House Bill 3693 set a statewide goal for energy conservation, requiring regulated utilities, such as our own transmission and distribution utility AEP, to offer energy efficiency programs which encourage energy conservation. In addition, Senate Bill 12 requires political subdivisions that are located in nonattainment or near nonattainment areas, which includes Nueces County, to establish goals to reduce electric consumption by 5% each year over the next six years, beginning September 1, 2007. Therefore, this provision applies to the City of Corpus Christi. While this new requirement was passed as a goal, rather than a mandate, any efforts to achieve results will no doubt require staff and departmental resources, and potentially a significant financial investment by the City in equipment, systems, additional staff, and infrastructure. Our program includes the following five key components: ➢ Energy Efficiency Goals for City -Owned Facilities ➢ Renewable Energy Applications and Development ➢ Fuel Consumption & Savings ➢ Investment in Hybrid Vehicles ➢ A "Green City" Program REQUIRED COUNCIL ACTION: Approval of the Resolution —187— PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution adopting the attached Energy Management Program for the City of Corpus Christi. r /,:__z_ /_-- ,-- ...ter!: Rudy D. Garz,/ Intergovemmental Relations Director rudyga@cctexas.com (361) 826 -3082 Attachments City of Corpus Christi Energy Management Program City of Corpus Christi Energy Management Program Presentation -188- RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S ENERGY MANAGEMENT PROGRAM TO REDUCE ENERGY AND FUEL CONSUMPTION, INCREASE ENERGY EFFICIENCY, DEVELOP RENEWABLE ENERGY INITIATIVES, AND IMPLEMENT A GREEN CITY PROGRAM. WHEREAS, House Bill 3693 and Senate Bill 12 were passed and signed into law during the 80th Texas Legislative Session in 2007 establishing electric energy conservation policy for our state; WHEREAS, Senate Bill 12 impacts all political subdivisions located in nonattainment and near non - attainment areas or affected counties, which includes Nueces County and thus the City of Corpus Christi; and WHEREAS, Senate Bill 12 requires these political subdivisions to establish goals to reduce their electric consumption by 5% each year for the next six years beginning September 1, 2007; WHEREAS, the City of Corpus Christi recognizes the value of implementing renewable energy strategies for municipal facilities and encouraging our citizens to invest in renewable energy systems; WHEREAS, management of our vehicle fleet and associated fuel consumption is a critical component of our overall energy management program; WHEREAS, implementation of an effective recycling program and "green city" initiative will benefit our citizens and landfill resources in the long term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the City of Corpus Christi Energy Management Program which is attached to and incorporated into this resolution. SECTION 2. The Energy Management Program remains in effect until amended by the City Council. SECTION 3. The City Manager is directed to distribute this Energy Management Program to the State Office of Energy Conservation in compliance with State law. -189- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: XXTH day of June, 2009. Lisa Aguilar Assistant City Attorney For City Attorney Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Joe Adame Chris Adler Brent Chesney Larry Elizondo Kevin Keishnick Priscilla Leal John Marez Nelda Martinez Mark Scott -190- CITY OF CORPUS CHRISTI City of Corpus Christi Energy Management Program Approved: June 2009 -191- Introduction At the State and Federal levels, energy consumption and conservation, renewable energy development, climate change, and fuel diversification has been central to public policy debates in almost every facet of American life. In the State of Texas, studies suggest our population will double by the year 2050. Policymakers in Texas have begun the process of planning for the future energy needs of our state and have focused significant attention not only on increasing generation capacity and expand renewable energy goals, but they have also placed an emphasis on energy conservation as a means to curb the need for additional generation. During the 80th Legislative Session of Texas in 2007, lawmakers focused their efforts on two bills addressing the issue of energy conservation. House Bill 3693 set a statewide goal for energy conservation, requiring regulated utilities, such as our own transmission and distribution utility AEP, to offer energy efficiency programs which encourage energy conservation. In addition, Senate Bill 12 requires political subdivisions that are located in nonattainment or near nonattainment areas, which includes Nueces County, to establish goals to reduce electric consumption by 5 %each year over the next six years, beginning September 1, 2007. Therefore, this provision applies to the City of Corpus Christi. While this new requirement was passed as a goal, rather than a mandate, any efforts to achieve results will no doubt require staff and departmental resources, and potentially a significant financial investment by the City in equipment, systems, additional staff, and infrastructure. Currently, the City of Corpus Christi has no comprehensive program to manage their energy consumption. Efforts in the past have focused departmentally on consideration of energy efficiency equipment in the engineering process, such as LED -based traffic signalization, replacement of existing equipment, such as air - conditioning, renovation of existing buildings, and other efforts on a project specific basis. With over 800 electric accounts, annual electricity costs to provide the public with essential services and meet our constituent's needs in Corpus Christi cost the City approximately $15 million or roughly 2.5% of our overall budget. In addition, hybrid vehicles have been considered in the past, but no comprehensive effort to systematically lower fuel consumption has been put into practice. Committing resources to a process that will give our departments the tools to better manage their energy and fuel requirements has the potential to increase our overall operational efficiency, establish accountability, and hopefully achieve significant savings, which if achieved as directed, represents a potential multi - million overall savings to the City. Finally, this conservation program also has the potential to lower the city's carbon footprint in an era of increased focus towards sustainability and increased public attention on global climate change. This program seeks to move our community towards implementation of green building principles, and ultimately protect the city from the volatility of the energy markets in this country. While policymakers have now forced the issue on us, instituting a comprehensive energy management program that also includes a renewable energy development component within the City of Corpus Christi makes operational and financial sense and is the right thing to do for our community and environment. Our program includes the following five key components: > Energy Efficiency Goals for City -Owned Facilities > Renewable Energy Applications and Development > Fuel Consumption & Savings > Investment in Hybrid Vehicles > A "Green City" Program -192- Energy Efficiency Program Program Goals The City of Corpus Christi will seek to fully comply with the goals established by the Texas Legislature as contemplated in Senate Bill 12 during the 80th Legislative Session. Our guiding principal and overall goal will be a 5% reduction in energy consumption (kilowatt- hours) on an annual basis over the next six years, beginning in FY 2009. While meeting this goal will be challenging for a municipality of our size that consumes approximately 150 million kwhs on an annual basis, we will seek to make strategic decisions to invest in conservation programs that provide opportunities for a sustainable reduction in overall consumption in a cost effective manner. In addition, part of our overall energy conservation program will incorporate strategies for our industrial facilities to correct for any assessments by our local transmission and distribution utility, AEP, for inefficient use of the electric grid (known as a power factor adjustment provision in the AEP Tariff). Departmental Responsibilities Each major city user will be responsible for development and implementation of departmental strategies towards achievement of the overall city goals for energy conservation. Resources will be allocated for this purpose on a departmental basis and energy conservation initiatives will be included as specific budget items by their department on an annual basis while this program is in effect. Major city user groups in order of largest to smallest users include the following: > Water > Wastewater > Engineering (Traffic Signalization, Street Lighting) > General Services (City Hall, American Bank Center, etc.) > Airport > Parks & Recreation > Police > Fire > Gas > Solid Waste > Storm Water Note: Any accounts that do not fall under the primary user groups above will be the responsibility of General Services Department. Department responsibilities will include: > Designating a management -level staff member for energy management responsibilities > Auditing of departmental electric accounts on an ongoing basis > Consulting with designated energy consultant on departmental facilities and their usage (HVAC, Lighting, Industrial Loads, etc.) —193— ➢ Identifying strategies and projects to meet overall energy management goals, including a financial cost - benefit analysis of each project ➢ Monitoring results ➢ Coordination of departmental program with overall city program Electric Account Auditing The auditing of electric accounts by each department is the first step in the successful implementation of an energy management program. Information must be gathered which includes an accurate description of the load being served under each specific meter, monitoring of usage trends on a 12 -month basis to determine any irregularities in consumption patterns which could alert the city to an equipment problem, and ensuring each account is associated with the correct department. These examples of auditing guidelines will help ensure attention is being given to ownership of each of the city's approximately 800 electric accounts. Staff Orientation for Electric Account Billing Systems and Reporting On an annual basis, training will be provided to city departments and their designated energy manager to ensure their familiarity with the billing systems, how to read their electric bills, delivery service charges by AEP and how to run reports as necessary to fulfill these requirements. These opportunities will be coordinated with the City's current Retail Electric Provider, representatives from AEP, and other resources as needed. Energy Consultant & Available Resources Currently, the city has entered into a Memorandum of Understanding with AEP -Texas Central Company to participate in their CitySmart Program. CLEAResult Consulting is the AEP partner in providing technical assistance to the city as it pertains to best practices in the areas of energy usage and energy efficiency. The city has engaged CLEAResult to provide technical assistance as our program is formulated and implemented and will continue utilizing this program. We are also in discussions with the State Energy Conservation Office to provide energy audits through their "Preliminary Energy Assessment" service for a targeted number of our buildings. In addition, City staff is recommending hiring an energy consultant to provide additional expertise in identifying areas of opportunity for energy savings with the contract being driven by savings performance and overall results. An alternative to the hiring of a consultant would be to create an Energy Manager staff position to oversee and ultimately drive the City's program. D. Engineering Processes One of the most critical aspects of a successful energy management program is the institutionalization of energy conservation and energy management philosophies into the overall engineering processes at the city. Energy management, if implemented correctly, will require a financial commitment that is ultimately paid out over time through avoided costs, efficiencies gained, administrative simplicity, and standardization. Implementing our strategy at the engineering level will ensure a consistent application of technology across city facilities. —194— Engineering Process Strategies Could Include: o Investment in a comprehensive Energy Management System o Standardization of Equipment (Le. Utilizing Standard HVAC Equipment for Repair Simplicity and Energy Management System Compatibility) o Routine Weatherization Programs (i.e. Checking Old Buildings for Air Leakage and Insulation Needs) o Lighting System Retrofitting (i.e. Upgrading Ballast Equipment, Bulbs, Installing Motion Sensors) o Installation of capacitor banks on industrial loads to eliminate or mitigate power factor charges applied by AEP per tariff requirement. Metrics to Determine Results Metrics will need to be developed as potential Balanced Scorecard entries to measure investment and ultimately our return on investment in energy management initiatives. Each department will be required as part of their energy management programs to develop goals and metrics for their program. Ultimately, our goal as a city is to do everything possible to meet the 5% annual reduction in energy consumption over the next six years as required by the State. Our program is successful if we reduce consumption which translates into real savings and ultimately allows us to better manage our costs. In the event carbon legislation is passed at the federal level, management of our overall carbon footprint could also be a metric that we follow as public policy dictates. Renewable Energy Development As a component of our overall energy management program we believe sustainability and renewable energy must also be a consideration to explore. We will seek to invest in alternative generation technologies such as wind generation, solar and battery technologies, and bio -fuel applications from our landfills and wastewater treatment facilities to offset our consumption off grid or create potential revenue streams through energy sales, where financially feasible. The goal is to determine any opportunities for revenue or cost reductions through land leases, opportunities to develop wind generation sources, opportunities to utilize landfill gas to produce electric energy, and smaller strategic applications for wind and solar technology. Renewable projects of this nature, because they are encouraged by the federal government, also bring the potential for renewable energy credits which are a valuable commodity in today's financial markets. In addition, we could also consider the development of an educational driven renewable energy technologies park in the coastal bend area as part of our overall strategy to market the uses of these renewable energy opportunities and educate our youth in the process. It is critical to choose the right partner in pursuing these types of renewable energy goals. —195— Two projects currently under review are as follows: Wind Energy at Cefe Valenzuela Landfill: Based on a site survey conducted in September 2008, the approximately 2000 acres of available land at the Cefe landfill, in conjunction with an abundance of open range in the surrounding area, presents a unique opportunity for a wind farm development. In addition, access to nearby electric transmission facilities make our location a prime spot for wind turbine placement. As part of our overall energy sourcing strategy, renewable energy could be a critical component of serving our energy needs at the city. It is possible that up to 15 wind turbines rated at up to 2.5 MW per turbine could be placed on Cefe land not currently being utilized for solid waste disposal. A formal study would need to be conducted and consideration given to permitting requirements by the TCEQ in placement of wind turbines at an active landfill, which could present a challenge for this project. The revenue potential would include the leasing of surface land rights for placement of the wind turbines as well as an equity position in the wind farm investment and potential future energy sales. In addition, the city could contract to purchase the power generated from these sources in the future. We will explore this opportunity through an RFP process to determine a potential partner. Landfill Gas at Elliott Landfill: Efforts have been made by city staff in the past to consider potential uses for the methane gas production of the Elliott Landfill. While those past efforts have met limited success, we are reassessing this as a potential renewable energy project in the future. As a result of the closure of Elliott, the timing is good to consider gathering substantial amounts of the methane gas produced and placing gas turbines in a strategic location to supply power to the nearby Greenwood Wastewater Treatment Plant. A potential development project involves either piping the methane gas from Elliott to Greenwood, and placing the gas turbines on -site at the Greenwood Plant to offset some of the current electric consumption, which would represent an avoided cost by the city in the future, or we could site a turbine at Elliott and place the power back onto the grid at a market -based price determined by ERCOT. Permitting requirements will also come into play under this scenario through the TCEQ. In either scenario, a partner would also be determined through an RFP process. Other Applications: We will also continue to look for opportunities to install smaller renewable applications where energy can be provided for smaller loads, such as school signals, small pumps, or applications that are difficult or costly to extend traditional power lines to serve. Solar technologies and smaller wind turbines are examples of renewable applications of this nature. Fuel Consumption & Savings Annually, the City of Corpus Christi spends approximately $7 million on fuel related expenses for city -owned vehicles and city employees travel approximately 24 million miles in carrying out their duties. Reduci9 %fuel consumption in a meaningful manner will require a departmental based review of existing practices to find and achieve savings. Staff believes achieving a meaningful reduction in fuel consumption will involve every department and requires setting an aggressive goal of a 5% annual reduction. This would result in approximately $350,000 of savings a year. Strategies to reduce behavioral usage include: > Better Scheduling and Organization of Daily Activities • More Efficient Routing of Daily Trips and Patrols > Reducing Idling of Vehicles • Policy Review of City Vehicle Use for Personal Purposes > Alternative Fuels (Compressed Natural Gas "CNG ") and Hybrid Vehicles > Investment in Fuel Management and Tracking Systems Investment in City Hybrid Vehicles The City fleet is comprised of approximately 2000 vehicles. On average, the City is replacing 100 to 150 vehicles per year. In addition, the City's fleet includes approximately 50 CNG fueled vehicles and one lone hybrid vehicle. The benefits of investment in CNG vehicles is the savings associated with the fuel. CNG is less costly than petroleum gas. Hybrid vehicles on the other hand get better mileage than traditional vehicles. In both cases, these vehicles are five to ten thousand dollars more expensive depending upon the model. Committing to investment in hybrid vehicles will involve a financial commitment on the part of the City to achieve sustainable fuel efficiencies. Hybrid vehicles also offer environmental benefits in terms of vehicle emissions that must be taken into consideration. If 5% of the vehicles we replace annually are replaced with hybrids of some type, we would commit to purchasing no more than 10 hybrids a year, at a somewhat increased cost, but providing for a sustainable reduction in fuel consumption. A "Green City" Program Establishment of Energy Conservation Marketing Program & Website As many of other municipalities in the State of Texas (most notable the City of Houston, http: / /www.houstonpowertopeople.com /) have accomplished, sharing information with the public on energy management goals is an important component of an overall energy management strategy. In addition, marketing programs that provide information to city employees and citizens regarding energy savings tips and entering into strategic partnership to provide information to the public are a critical component of our program. To this end, we are considering joining a coalition of organizations through the "TexaslsHot" coalition to gain access to valuable and up to date energy efficiency information of this nature. The intent on establishing a formal website on the City of Corpus Christi website dedicated to energy management programs would not only serve to highlight action the City is taking to conserve energy, but it would also serve to provide tips to our citizens on how they might save money at home or at their business as well. An educational tool of this nature would serve as an additional means to informing the public regarding any programs at the local, state, or federal level involving green buildings, sustainability programs, energy conservation, sources of funding, and other valuable energy related programs available. We would also use Public Service Announcements through CC TV to highlight our efforts and encourage citizen action as well. —197— Development Services Efforts It is important to note that Development Services is on a parallel track to review and implement building standards to allow the citizens of our community to install residential and commercial renewable applications as well. Our building officials will be working to ensure that the city does their part to encourage safe standards consistent with other municipalities and national building codes. We want our citizens to do their part as well for our environment and educating the public on building requirements will be a key first step in the process. Recycling Program We also hope to reignite efforts at a more effective recycling program city -wide. While we have seen limited success over the years, we have to make it easier for our citizens to recycle, which is a critical component of being considered a "green city ". We hope to re- evaluate our recycling efforts and bring this in to the bigger effort of overall conservation and management of our local resources. Other Considerations Grant Applications & Other Programs The City of Corpus Christi intends to pursue state and federal funds available through grant programs, federal stimulus dollars, and other financial incentives offered and administered through the State Energy Conservation Office of the State of Texas, AEP, and through the U.S. Department of Energy, where available. Leveraging local dollars against federal and state matching funds will allow the city to maximize the resources committed to this effort to upgrade infrastructure and systems, explore renewable energy technologies, lower fuel consumption, and other energy management opportunities that have been identified and championed by public policy makers at the state and federal levels. Impediments to Success In closing, as stated in the introduction, the proposed energy management program is a comprehensive approach to implementing a sustainable reduction in energy and fuel consumption at the City of Corpus Christi in addition to looking at projects that will potentially reduce costs or provide new revenue streams through renewable technologies. It will require a serious commitment of resources, a thorough review of existing processes and policies, and incentives for departments to act to change existing behaviors. Having a plan in place is the first step to institutionalizing a program, but without commitment from our local policymakers, support from the community, and financial resources to make it happen, this plan will ultimately be unachievable. —198— Proposed Energy Management Program Rudy Garza & Oscar Martinez June 23, 2009 City of Corpus Christi Overview of Proposal Our program includes the following five key components: ■ Energy Efficiency Goals for City -Owned Facilities • Renewable Energy Applications and Development • Fuel Consumption & Savings ■ Investment in Hybrid Vehicles • A "Green City" Program City of Corpus Christi —199— 1 Energy Efficiency — State & Federal Policy ■ 80th Legislative Session of Texas in 2007 ❑ House Bill 3693 set a statewide goal of 15% for energy efficiency and conservation. ❑ Senate Bill 12 passed requiring political subdivisions that are located in nonattainment or near nonattainment areas, which includes Nueces County, to establish goals to reduce electric consumption by 5% each year over a six year period beginning in 2007. ❑ This provision thus applies to the City of Corpus Christi. ❑ August 1 — July 31 is reporting period with 2007 being the base year and 2008 the first reporting period. • We also anticipate federal energy policy (such as currently proposed H.R. 2454) will continue to place a large emphasis on energy efficiency and conservation strategies. City of Corpus Christi Energy Efficiency Goals • First Step - Data Mining on City Electric Accounts ❑ Over 800 City Electric Accounts ❑ Served by both Direct Energy & Nueces Electric Cooperative ❑ 140 Million kwhs in annual consumption ❑ $15 million annual operating cost for electricity (or roughly 2.5% of our overall budget) ❑ Appx. 1.7 million square feet in conditioned space ❑ Understanding of Departmental Use CITY EIECTPIO CONSUMPTION by 0.q. • FY 3008 %aue%v%Nrvu% • uvmr ostcw%Tr%CENTER 01117tEETLOM RPM I% vieNm ✓ � • %EM[%IEC N M= n e mrtN • VAIIR n City of Corpus Christi -201- 2 Energy Efficiency Goals & Strategies • Our goal, in compliance with SB 12, is a 5% annual reduction in electric consumption at city-owned facilities • Strategies: ❑ Electric Account Auditing by each Department ❑ Staff Training on Billing Systems and Reporting Capabilities ❑ Energy Consulting Resources • Power Factor Correction • Building Audits • Performance Based Contracts ❑ Partnership Opportunities • AEP City Smart Program MOU • State Energy Conservation Office Preliminary Assessment Program • US Department of Energy ❑ Engineering Processes • Energy Management Systems • Equipment Standardization • Weatherization • Lighting Retrofits • Industrial & Pump Load Efficiency ❑ Balance Scorecard Metrics City of Corpus Christi Energy Efficiency Financing • City has been allocated $2.7 million in Energy Efficiency and Conservation Block Grants through Federal Stimulus Package • We have identified over $8 million worth of energy efficiency related projects that will be prioritized by City Staff • Existing auditing pilot projects within Water & Fire Depts. • Federal appropriation request submitted through Cong. Ortiz for FY2010 for $500,000 for energy efficiency initiatives to help fund our program. • CIP Funds City of Corpus Christi -203- 3 Renewable Energy Development • Multi- faceted renewable energy strategy • Small scale renewable projects ❑ Solar technology for lighting, parks, incidental usage ❑ Wind components, such as the small wind turbines designed for Phase 1 of the Bayfront Development Implementation Plan (next to ABC) • Large scale renewable projects ❑ Cefe' Valenzuela Landfill Wind Project — Preliminary assessment on up to 15 large scale wind turbines plus future potential on landfill gas to energy project ❑ Elliott Landfill Gas to Energy Project — Gathering system in place for methane gas collection, working with HDR Engineering to determine next steps on commercial scale project ($1 million federal appropriation request submitted for FY2010) ❑ Potential large scale solar project — CC Intl Airport • Ideas for a Renewable Energy Demonstration Park • Key to successful renewable strategy is thoughtful selection of a potential capital City of and development partner on a comprehensive or project -by- project basis Corpus Christi Fuel Conservation • Annual expenditures on vehicle fuel is appx. $7 million • 24 million miles driven annually by City vehicles in providing services to our citizens • Initial step is a departmental review to determine savings opportunities • Goal: 5% annual reduction in fuel consumption • Strategies: ❑ Better scheduling and organizing of daily schedules ❑ Increased efficiency of routing and patrols ❑ Reduction in vehicle idling ❑ Policy review of city vehicle use ❑ Investment in Fuel Management & Tracking Systems ❑ CNG Conversions/Hybrid Vehicles City of Corpus Christi -205- 4 Hybrid Vehicles • City fleet comprised of appx. 2000 vehicles • On average, city replaces 100 to 150 vehicles annually (maybe less this budget cycle due to budget constraints) • City's fleet includes appx. 50 compressed natural gas (CNG) vehicles and one hybrid vehicle ❑ Note: Gas Department recently installed a small scale CNG station but we have a need for a fleet maintenance facility to enable larger scale CNG conversion • Goal: A sustainable long -term reduction in fuel consumption Additional Considerations: • Investment in hybrid vehicles is a financial commitment to achieve a longer term reduction in fuel consumption • Hybrids offer environmental benefits that allow council to make a policy statement on environmental stewardship • If the city agrees to investing in hybrid vehicles for up to 5% of new vehicle purchases by the city, that would require fleet management to purchase 5 to 10 hybrids a year at an increase cost of $5,000 per vehicle on average City of Corpus Christi "Green City" Program Components of a "Green City" Program could include: • Establishment of energy conservation goals for our community • Public outreach campaign to raise awareness in our community • Interagency effort between the city, county, RTA and other community agencies on program developmerif • Development of a website or other forum for sharing energy efficiency and conservation tips, funding and program opportunities and information with the public • Strategic partnerships with electric industry and others on weatherization and energy conservation programs initiated at the state and federal levels • Continuing the integration of green building principles and community renewable energy development within Development Services processes to assist our citizens • Re- establishment of our recycling program in conjunction with our MIS I■ "Community Pride" campaign City of Corpus Christi -207- 5 Other Considerations • This is a first attempt to institutionalize a comprehensive energy management program at the City of Corpus Christi • State Comptroller recently recognized the City for our efforts to develop a comprehensive energy management program and for the detail with which we met our SS 12 reporting requirements • City staff intends to aggressively pursue state and federal funds available through the federal stimulus package, federal appropriations processes, grant programs, and other partnership opportunities as they are made available to leverage against local investment • Impetus to these recommendations is legislative policy at the state and federal level, and we will continue to follow these developments • Requires a financial commitment • Requires staff resources and education • Provides opportunities for long -term financial savings and environmental benefits City of Corpus Christi -209- 6 16 COUNCIL MEMORANDUM To: Mayor Joe Adame and Council Members From: Armando Chapa, City Secretary Date: June 15, 2009 Subject: Nominations to the Ingleside Local Re- development Authority (LRA) On June 9, 2009 the City of Ingleside, Texas approved the creation of a Defense Base Development Authority pursuant to Chapter 379B, Title 12 of the Local Government Code. It is the successor of the previously organized Ingleside Local Re- Development Authority(LRA) under the Development Corporation Act of 1977 and will retain the same name. It has been created for planning and implementing the redevelopment of the 155 acre surplus property-Naval Station Ingleside Electromagnetic Reduction Facility. Pursuant to the Code and the Resolution creating the LRA, the City of Ingleside and San Patricio County will, by separate Resolutions, appoint the Authority's Board of Directors. The general consensus reached at a planning meeting for the establishment of the new LRA was that the Board of Directors would consist of eleven (11) members. The City of Ingleside will have seven (7) appointees. Four (4) will be City of Ingleside nominees, two (2) will be Nueces County nominees and one (1) will be Port of Corpus Christi Authority nominee. San Patricio County will have four (4) appointees. Two (2) will be San Patricio County nominees and two (2) will be City of Corpus Christi nominees. We are recommending that the City nominate two individuals to serve on the Ingleside Local Re- Development Authority Board of Directors. Armando Chapa, City Secretary —213— 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 23, 2009 AGENDA ITEM: City Council consideration of an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. ISSUE: Mr. Ronald A. Voss, Sr., (property owner) has requested the City Council to hear and consider an appeal of the Building Standards Board's decision ordering demolition of the west wing of the structure on the property located at 1502 Tarlton Street in accordance with City Code of Ordinances, Section 13 -28, Appeals, for failure to meet minimum building standards. The Building Standards Board ordered demolition to the west wing of the subject property on March 26, 2009. Notice of Appeal: Section 13 -28(a) of the City Code of Ordinances provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal the Board's decision to the City Council. Section 13 -28(a) says that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner states the Board's decision was erroneous and that the decision would cause undue hardship to Mr. Ronald A. Voss, Sr., the owner of the property. REQUIRED COUNCIL ACTION: Council may consider the following actions: 1. Deny the appeal (thereby upholding the Building Standards Board order), or 2. Sustain the appeal (thereby reversing the Board's order in whole or in part). Specifically, Section 13 -28(b) of the City Code of Ordinances ( "Code ") provides that the City Council may vary the application of any provision of Chapter 13 of the City Code, Article II, Building and Housing Standards, when enforcement would do manifest injustice and would be contrary to the spirit and purpose of the code or public interest or when, in City Council's opinion, the decision of the board should be modified or reversed. Under Section 13 -28 of the Code, a decision to modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. —217— Should the City Council desire to modify or reverse the Board's order, staff recommends that City Council set deadlines for any required action, and that the Zoning and Code Administrator be authorized to demolish the structure upon the owner's failure to comply with the City Council's decision. The decision of the City Council is final unless the aggrieved party appeals by instituting a suit within the required time allowed from the date on which the City Council rendered the decision. Recommended Process: The proceeding should be informal. In deciding this case, the City Council acts in a quasi - judicial capacity, i.e., it will determine what the facts are and determine whether the structure requires demolition. The Council will consider only the information relevant to those issues. At the outset, staff can summarize the agenda, the agenda memorandum and its attachments. Then, the City Council will hear such comment, which would be done after presentation and argument of the parties, but before City Council deliberation. PREVIOUS COUNCIL ACTION: No prior action related to this case. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: City staff recommends that the City Council uphold the Building Standards Board's decision to require demolition of the west wing of the structure. The order is in accordance with Section 13- 26(G)(1)(c) of the Code allowing thirty (30) days to obtain proper permits and complete the demolition of the building(s) or structure(s) with the exception of the concrete slab. Owner is required to provide complete security from slab or walls that are existing between the east and west wing and remove the debris within thirty (30) days. If demolition and security are not started and completed as required, the City is authorized to demolish. Margie C. Rose Assistant City Manager /Interim Director of Neighborhood Services MargieR @cctexas.com 826 -3865 Attachments: Presentation Chronology of Events & Exhibits • Exhibit Documentation (Exhibits 1 -21) —218— Background Ronald A. Voss, Sr. and Southwest Phoenix Group, Inc. is the owner of property located at 1502 Tarlton Street, also known as the Corpus Christi Osteopathic Hospital. On March 26, 2009, the Building Standards Board Order found the building(s) or structure(s) to be substandard and ordered the owner to: o demolish the building(s) or structure(s) known as "West Wing" according to Section 13 -26 (G)(1)(c) of City Code with the exception of concrete slab; o obtain any and all permits within 30 days; o provide complete security from the slab and /or walls existing between the east and west wings; remove debris within 30 days from date of notice; o if demolition and security is not started and completed as required, then City is authorized to demolish. Further action on the remaining building structure (east wing) was tabled until the next meeting of the Building Standards Board scheduled July 23, 2009. Section 13 -28(a) of City Code of Ordinances provides for an appeal to City Council whenever it's claimed that the decision of the Building Standards Board is erroneous, or causes undue hardship, stating the specific error alleged to have been committed by Board. The owner in this case is claiming the decision is erroneous and causes undue hardship and alleges City failed to timely notify all owners of property of any alleged violation or hearing. He further states that demolition of the west wing is not warranted by definition of owner's obligation to secure a vacant building under the Vacant Building Code since transients /criminal trespassers can not access the roof without the use of tools or ladders. The Appellant claims undue hardship by creating a building security obligation more burdensome and onerous, than which currently exists. On November 7, 2008, the first walk- through was conducted for a full interior inspection of the east and west wing by Neighborhood Services Department, Police and Fire Marshall, Legal Department, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were found. The inspection reveals the building to be unsecured with visible and accessible entry from several locations, and unsanitary and dangerous conditions with continued violations of Building Code and Vacant Building Ordinance. Due to the inspection, the City takes further action. The Fire Marshall files charges for various violations of the Fire Code. Code Enforcement files new charges for continued violations of the Vacant Building Ordinance as related to existing and deteriorating conditions of the property and security of the building. Code Enforcement initiates process for emergency demolition of the "west wing ". Recent case history begins in November 21, 2008, when the City Building Official, Code Enforcement staff and Fire Marshall determine the structure to be substandard requiring extensive rehabilitation or demolition. On December 2, 2008, the City offers property owner, Ronald A. Voss, Sr. two options for resolution: 1) full demolition or 2) rehabilitation of roof including clearance of interior debris, maintenance of exterior, and premises. Mr. Voss' attorney responds to the City's request without a final decision on course of action. —219— On December 26, 2008, the City advises Mr. Voss' attorney of substandard property and requests a "course of action" for abatement of the substandard structure and interior conditions, and, a commencement date for abatement be communicated to the City no later than January 15, 2009. On January 15, 2009, Voss responds to the request but without a final decision on course of action or commencement date. The response indicates bids obtained for demolition. On January 22, 2009, the second walk- through was conducted for a full interior inspection of the east and west wing by Neighborhood Services Department, Police and Fire Marshall, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were found. The inspection reveals the building to be unsecured with visible and accessible entry from several locations, and unsanitary and dangerous conditions with continued violations of Building Code and Vacant Building Ordinance. Due to the inspection, further City action is required. The Fire Marshall files charges on January 30, 2009 for various violations of the Fire Code. Code Enforcement files new charges for continued violations of the Vacant Building Ordinance as related to existing and deteriorating conditions of the property and security of the building. Code Enforcement initiates process for emergency demolition of the "west wing ". On March 26, 2009, the Building Standards Board issues Final Order for demolition of the "west wing ". The owner files appeal of order of Building Standards Board on May 12, 2009. On June 2, 2009, Code Enforcement staff re- inspect site and reconfirm conditions. Other items of interest include that multiple Fire Code violations have occurred and charges filed for exterior openings and interior openings accessible to unauthorized persons, fire alarm no longer in service, fire resistance rated construction not maintained, fire doors blocked by waste material, and combustible debris found through -out the building. In addition, the substandard and vacant building conditions promote criminal activity. Some of this activity includes graffiti, accumulation of litter & solid waste, illegal dumping (tires on multiple dates), a fatality, vagrants inside /outside structure, drug use and drug paraphernalia in and around the property, unsanitary conditions (including feces), gang activity, high weeds, criminal trespassing, suspected arson, and burglary & vandalism. The substandard and vacant building conditions are located near Travis Elementary, Christ the King Church and school, Primera Iglesias Bautista, and directly adjacent to a residential neighborhood, HEB Pool & Tennis Center, Broadmoor Senior Center, and La Armada Apartments. Finally, the City has seven (7) liens for unpaid invoices totaling $4,993.74 related to abatement (oldest invoice from March, 2006). An additional invoice in the amount of $654.86 is pending receipt of payment. The current property tax balance is $212,470.25. The appraised value is $215k with $ 50k in improvements, and land valued at $165k. Staff recommends denial of the appeal, thereby upholding the Order of the Building Standards Board. —220— Chronology of Events & Exhibits 1502 Tarlton Street (west wing) City Code of Ordinances (Exhibit 11 Building and Housing Standards Code of Ordinances: Section 13 -25 April 2, 2008 (Exhibit 2) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -70): Mr. Voss notified of tall weeds and brush and directed to correct violations(s) within seven days. Notice was also sent to Southwest Phoenix, Inc. • Notice provided via certified mail to Mr. Voss and Southwest Phoenix, Inc. • Certified mail "return to sender unable to forward /attempted -not known" April 17, 2008 (Exhibit 3) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -69): Southwest Phoenix, Inc. notified of accumulation of litter and solid waste and directed to correct violations(s) within seven days. • Notice provided via certified mail to Southwest Phoenix, Inc. • Certified mail returned "unclaimed" June 17, 2008 • Code Enforcement re- inspected property and determined the property was not in compliance August 11,2008 • Charges filed in Municipal Court for high weeds, litter and solid waste October 10, 2008 • Code Enforcement re- inspected property and determined the property was not in compliance November 6, 2008 (Exhibit 4) • Neighborhood Services Department obtains "Administrative Inspection Warrant' from Municipal Court November 7, 2008 • Director of Neighborhood Services Department conducts first walk- through of property for full interior inspection of east and west wing accompanied by staff, Police Department, Fire Department, Legal Department, Mr. Ronald Voss and his attorney. Various violations were identified. November 12, 2008 • Charges filed in Municipal Court for high weeds, litter and solid waste —221— November 12 & 14, 2008 (Exhibit 5) • Notification of Ordinance Violation (Chapter 13, Article III and Section 13- 3002): Southwest Phoenix, Inc. and Mr. Voss notified (on 11/12/08 & 11/14/08, respectively) of determination of possible vacant building and directed to secure vacant building from unauthorized entrance within 14 days. Mr. Voss provided list of other Code violations. • Notice provided via certified mail • Certified mail "return to sender unable to forward /attempted -not known" November 13, 2008 (Exhibit 6) • Neighborhood Services Department obtains "Administrative Inspection Warrant' from Municipal Court • City contractor boards -up unsecured building which includes mowing and cleaning up the property. November 20, 2008 (Exhibit 7) • City Attorney's office sends letter to Mr. Voss's attorney advising of inspection and multiple violations both inside and outside the vacant structure including multiple unsecured entry points and access including substandard structural violations. November 20, 2008 (Exhibit 8) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -69): Mr. Voss notified of accumulation of litter and solid waste and directed to correct violations within seven days. • Notice provided via certified mail • Certified mail returned "unclaimed" November 21, 2008 (Exhibit 9) • Notification of Ordinance Violation (Building and Housing Standards Code Section 13 -25): Mr. Voss and Southwest Phoenix Group, Inc. notified of , determination to meet minimum standards. • Notice provided via certified mail • Certified mail "return to sender unable to forward /attempted -not known" December 2, 2008 • Staff offers two options for resolution of violations to property owner: o 1) full demolition; or, o 2) rehabilitation with a roof that would meet all the vacant building specifications including the clearance of all debris in the interior of the building as well as maintaining the exterior and the premises. Mr. Voss's attorney reports back with status. —222— December 9, 2008 • Mr. Voss obtains two proposals regarding demolition of the west wing: (1) $45,000.00 which would be for demolition and removal of entire west wing; 2) $20,000.00 demolition and removal of west wing, excluding concrete slab and exterior walls. December 19, 2008 • City staff review Mr. Voss's report and direct City Attorney to prepare a response to Mr. Voss establishing action required and firm response date of January 15, 2009. December 26, 2008 (Exhibit 10) • City sends letter to Mr. Voss's attorney regarding progress toward a resolution of substandard property. City again requests that: o 1) a "course of action" for abatement of the substandard structure and interior conditions; and, o 2) a commencement date for abatement, be communicated to City no later than January 15, 2009 January 15, 2009 (Exhibit 11) • Mr. Voss's attorney responds to letter from City stating Mr. Voss is not in a "position to discuss a course or commence proposals. January 19, 2009 (Exhibit 12) • Letter provided via certified mail to appear before the Building Standards Board on January 29, 2009 regarding violation of the Building and Housing Standards Code. • Certified mail returned "unclaimed' January 22, 2009 • Director of Neighborhood Services Department conducts a second walk- through for fulLinterior inspection of east and west wing accompanied by staff, Police and Fire Marshall, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were identified. January 26, 2009 (Exhibit 13) • City Attorney's office sends letter to Mr. Voss's attorney advising of re- inspection to determine progress. City advises that the re- inspection revealed that the structure remains substandard, unsecured, and in dangerous conditions. Letter further states City intends to begin abatement including emergency demolition which would result in invoice for demolition. Failure to remit amount could result in lien against property. January 27, 2009 • Code Enforcement and Fire Department file charges for failure to correct minimum standards violation and several Fire Code violations. —223— January 29, 2009 (Exhibit 14) • Hearing packet provided to Building Standards Board members on property located at 1502 Tarlton Street on hearing scheduled January 29, 2009. • Staff's recommendation is to initiate "Emergency Demolition" for west wing only. • Building Standard Board tables east wing to be presented at the March 26, 2009 Building Standards Board hearing. February 2, 2009 (Exhibit 15) • City sends letter to Mr. Voss's attorney setting forth City's intended course of actions including emergency demolition requesting Mr. Voss to abate other substandard condition present on the property. February 11, 2009 (Exhibit 16) • "Final Order of Building Standard Board" issued to property owner(s) from the regular hearing of January 29, 2009 advising that consideration of 1502 Tarlton Street was tabled until the March 26, 2009 hearing. • Notice provided via certified mail • Certified mail "return to sender unable to forward'. March 14, 2009 (Exhibit 17) • Letter to Mr. Voss to appear before the Building Standards Board on March 26, 2009. • Notice provided via certified mail • Certified mail "return to sender /unable to forward". March 20, 2009 • Charges filed for high weeds, litter and solid waste March 26, 2009 (Exhibit 18) • Hearing packet presented at Building Standards Board Hearing o Copy of "Final Order of the Building Standards Board" ordering demolition within of west wing within 30 days. o Order of the board was to table action on "east wing" or main building until July 23, 2009 hearing. April 8, 2009 (Exhibit 19) • Ronald A. Voss files notice of appeal of Final Order of the Building Standards Board provided with City Secretary's office. April 14, 2009 (Exhibit 20) • Final Order of Building Standards Board issued to property owner(s) from the regular hearing of March 26, 2009 in regards to the west wing. • Notice provided via certified mail —224— (Exhibit 21) • Property tax balance as of June 5, 2009: (source: Nueces County Website, Tax Assessor-Collector): amount of taxes owed: $212,470.25. • Property Detail Sheet with property valuation (source: Nueces County Appraisal District website): Improvements: $ 50,000; Land: $215,000 o Property Detail Sheet indicating improvement details, i.e. square footage, etc. —225— a O L a cu . 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O � t U N (B i 12 (B i 1 _ i U)= =Q u >OOOO<W M MOM 0 ■ MEMO N 0 V^,, I }� W .:.... .................................... ............................... M 07 o co C3) Ln Q % co C9 CO tS� d' CO ti N o i� CO LO ) ti f�3 CO CO O CY)_ O 0 L.6 ~ O r E LO CO caN 69 e9 c O U N U O C N Q p 6 N U _--, d) O j p 413) J o x Q o SUBJECT PROPERTY Ron Voss SR/Southwest Phoenix Group Inc. 1502 Tarlton: Roof Damage (west wing) -232- 1502 Tarlton St (west wing) November 7, 2008 • Pictures taken during inspection ,5 —233— 8 150_ 7-ariion Si (west wing)11 /07 /2008 -234- 9 -235- 10 -236- 11 15Q2 Tarlton Sf -237- 12 -238- 13 1502 Tarlton St (west wing) January22, 2009 27 -239- 14 -240- 15 -241- 16 -242- 17 -243- 18 - • '7 rj 41:if sL, : - - - ' . 'Nitiltree _ 1502 Tarlton St (west wing) 01 /22 2009 1502 Tarlton St (west wing) March 23, 2009 —244— 19 1502 Tarlton t.( 'west hig 03/23/2009 -245- 20 -246- 91 -247- 22 west Wi 2l'arlton St (west 03/23/20 aklajat Tire Dumping, Debris /Dumping, Graffiti -248- 93 -249- 24 -250- 25 1502 Tarlton Kodak Z 710 Martinez M 1n_1a_na —251— 26 -252- 27 1502 Tarlton St 1502 Tarlton Kodak Z 710 Martinez M 10 -14 -08 —253— 28 1502 Tarlton Kodak Z710 Martinez M 10 -14 -08 Staff Recommendation Deny the appeal (thereby upholding the Building Standards Board order) —254— 29 § 13 -25 CORPUS CHRISTI CODE Sec. 13 -25. Minimum standards for build- ings. All buildings or structures which have any or all of the following defects or lack of facilities shall be deemed substandard buildings: (1) All buildings or structures not in confor- mity with this code. (2) All buildings or structures which have pit privies where the same are not permitted by law or which are not connected to the city sewer when required by law, or where inadequate and unsanitary pit privies or septic tanks exist. (3) All buildings or structures that have be- come deteriorated through accident or lack of repair or natural causes or by damage through exposure to the elements, espe- cially winds, hail or rain, or damage through fire to the extent that the roof, windows and doors or portions of the building or structure which protect from the weather will no longer protect from the weather. (4) All buildings or structures which consti- tute or in which are maintained fire haz- ards as that term is defined in the fire prevention code* of the city. (5) All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected 'to withstand winds of hurricane force. (6) All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease - carrying animals or insects reasonably calculated to spread disease and includ- ing such conditions hazardous to safety as inadequate bracing or the use of deterio- rated materials. (7) All buildings or structures, whether or not in use, which are unsafe, unsanitary, unfit for human habitation, or not pro- •Cross reference —For fire prevention code, see § 18-1. vided with adequate egress, or which con- stitute a fire hazard, or are otherwise dangerous to human life, or which in relation to the existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, ob- solescence or abandonment are unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demoli- tion in accordance with the procedures set forth in this code. (1966 Supp., § 11 -18; Ord. No. 9811, § 1, 6 -24- 1970) Sec. 13 -26. Procedure for eliminating sub- standard conditions. (A) Notification of violation. Whenever the of- ficial determines that there are reasonable grounds to believe that there has been or continues to be a violation of any provision of this code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, he shall give notice of such alleged violation to the owner of the property as per subsection (C) below. Such notice shall: (1) Be in writing. (2) State the nature of the violation or viola- tions. (3) State the provision or provisions of this code or any other relevant code of the city that is being violated. (4) State the penalty and penalty provision of this code or any other relevant code of the city (5) State that the official will take further action pursuant to the building standards code if the violation is not cured within thirty (30) days of receipt of the notice specified in this subsection. (B) Notification of hearing. Whenever the owner, after notification as per subsection (A), informs the official that he refuses to voluntarily comply with the requirements of this code or to voluntar- ily cure the defect or defects brought to his attention by the official, or whenever the alleged violation or violations are not cured within thirty -255- ariar City of Christi Notification of Ordinance Violati• n Department of Neighborhood Services Code Enforcement Division April 2, 2008 CERTIFIED # 7006 0810 0006 0132 0844 1772 - 0000 -0020 RON VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TX 78418 RE: 1502 TARLTON ST COPPS LT 2 On April 02, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will fife a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1 -6 of the Code of Ordinances, you may be subject to a maximum penalty of $2,000.00 and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health-and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against vour property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official Exhibit 2 08- 00002626 —25 6— RPNBNP VIOLATION DETAIL pA3E 1 E NUMBER 08- 00002626 PERTY ADDRESS 1502 TARLTON ST IOLATION: TALL WEEDS AND BRUSH :RIPTION: SEC 23 -70 LOCATION: QUANTITY: 1 DATE: 4/02/08 NARRATIVE : High weeds and grass in excess of 12 inches exists on the property. There have been approximately 55 -65 tires dumped on the property along with other miscellaneous debris. Failure to correct and abate this violation will result in further legal action being taken. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW WEEDS OR BRUSH 12" OR HIGHER TO GROW ON THE LOT OR PARCEL OF LAND. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -257- 0 cc ,1� CER`FI9EO,MAI = RErCEIPZ i Anitstlet Mafftnlyi'Nallnsbrsnee- C6veCgo ProridFd) }' Matra lMOrarril& ef stloNylAioultw ■nsny'otiOninviall alt04 'i• ru : r9 t.-- ._._._.r.f..- ___— 0 ROAV VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TX 78418 ACCT 0 1772- 0000 -0020 RP -D 0 0 0 0 a m 0 i:Awnsaar • Fees f 8_ ('� �jY c Plc. . lJ 0�.............._....._...... i ry rsre rm: p�In ��.F'�r'� IIj o'PC Eo . - _ --..I p c-og ZIP +< I Eff Gtig '�kdpi iii n, SEEND,ER • COPJl?L ELE TH16 • SFC, ® Complete items 1, 2, and 3. Also complete Item 411 Restricted Delivery Is desired. ® Print your name and address on the reverse so that we can return tha card to you. W Attach this card to the back of the mallpiece, or on the front if space permits. 'posture X Agent 0 Addressee D. Is delivery address different from item 1? 0 Yes f YES, enter deivery address below: 0 No . RON VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TX 78418 ACCT # 1772- 0000 -0020 RP ce lype Certified Mai 0 Express Mali ❑ Rsglstared 0 Return Rec &Pt for Merchandise 0 Insured Mail ❑ C.O.D. RESTRICTED DELIVERYC Restricted Maven '? (Eta Fee) AT- 2. Article Number 7006 0810 0006 0132 0844 (franster from seise /abet) PS Fort 3811, February 2004 _ Domestic Return Receipt —258— 1e2 ra2MM154o >. EX: IA > 00 ri 1 ni .....1 Op o ill r- N D o E-1 0 \ 0 cn x I E-'0 ti '4 o \ I -..-. ?ic' ;:' gi \ do ) COI] 1 \':—.: C:4 >.: 1--i Cu 1/2-- crl :. r im L... E-2\sn = E3v; (1) -8,c) cc 4c1, 1.1 1 CC z g1,5 t-: x o in o-o fl .1021E11•10.,2=== 1=OZ•01•112111.111=0=1. C=19111:11 ellISIMIIMINIMILOWN =MOM 0 0 a=maniaz=== a=pagenr:CIED atIECXEMO:120Mni ri co 10%=0a n giasamalisEa=a 0 r- =======r1 ) I4C-- Ti V74 . r.chlilia: 'F=5.! City of Corpus Chnsti April 17, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0157 9938 trs 1772- 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP I COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On April 16, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the onto notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1 -6 of the Code of Ordinances, you may be subject to a maximum penalty of $2,000.00 and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (92) months, you must notify) the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00003300 fl RIA /DA /D Exhibit 3 —260— VIOLATION DETAIL CASE NUMBER 08- 00003300 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE QUANTITY: 1 DESCRIPTION: SEC 23 -69 DATE: 4/16/08 LOCATION: NARRATIVE : All TIRES AND MISC DEBRIS MUST BE REMOVED OFF THE PROPERTY. FAILURE TO COMPLY WILL RESULT IN FURTHER LEGAL ACTION. ANY QUESTINS CONTACT MIKE MARTINEZ AT 815 -0349 ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -261- PAGE 3. brillinlAttff (144 CUP i ) 0 Li Lida If 0 •U-t CHR T 1 A;tS CI Tail & Re5 5 larCrialKir 7. vp cr PO alx&o. 0 6U V ^ - -7-CV -11 c9 17tICJIED DB ivr: ZIF*4 7 W-tilt!r!Vitte.4,4 .... „ .... N Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. u Print your name and address on-the reverse so that we can return the card to you. I Attach this card to the back of the mallplece, or on the front If space permits. ws rUTHNI23T IH CRO 0 E 15 7 0 6 C:PPT-if A pa CC;l"}t C.iEPitTI TX ■;3418 177 00 OVJ , batth p rim r is delivery address different *Mit= 1? 0 Yes YES, enter delNery address below: In No • lypa Cerilrad Mail QEtasSM3 0 Registered 0 Return Receipt for it 0 Insured Mall 0 C.O.D. Restricted Delivery? (Extra Fea) 2. Article Number (Sanskr from servioa 7006 0810 0006 0157 9938 PS Form 3811, February 2004 Domestic Return Receipt _31,:ttf hz,,iatiltartikr-44;" - km..1111 -262- 102595-0244540 rj con fir r=.1 r ;it -.2 cc ,s. P n ;V •• 6 .. r• I raF, •—• C" Na. 1 e. tt. IC) I zo o--.• ';7- • r r WiMffiM3 .c.=raina3 pia===11=1 Ii: j7 0? • -263- ADMINISTRATIVE INSPECTION WARRANT STATE OF TEXAS NUECES COUNTY TO ANY HEALTH OFFICER OR CODE ENFORCEMENT OFFICAL OF THE STATE OF TEXAS, OR OF NUECES COUNTY OR OF THE CITY OF CORPUS CHRISTI EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT: GREETINGS: WHEREAS, the Affiant, whose name appears on the Affidavit for Administrative Inspection Warrant ( "Affidavit ") attached hereto, and incorporated herein by reference as if written verbatim within this .document, is a code enforcement officer of the City of Corpus Christi, did heretofore this day subscribe and swear to said Affidavit; WHEREAS, I find that the verified facts stated by affiant in said Affidavit show that affiant has probable cause for the belief he expresses herein and establishes existence of proper grounds for issuance of this Administrative Inspection Warrant; YOU ARE HEREBY COMMANDED to enter the premises described in said affidavit, to wit: the exterior and interior of the buildings as well as the surrounding curtilage at 1502 Tarlton, Corpus Christi, Texas and inspect the property. This inspection is authorized to check or reveal conditions, objects, activities, or circumstances indicated in the accompanying affidavit. This warrant must be returned without unnecessary delay after its execution, showing how you executed the same. S o Signed his day of November, 2008 at,_ o'clock �.m. ( Municipal o rt Judge City of Corpus Christi Nueces County, Texas Ce1 OFFICER'S RETURN Came to hand the _ day of November, 2008, at _ o'clock _.m. and executed on the _ day of , 2008, at __ o'clock _.m. by —264— STATE OF TEXAS NUECES COUNTY AFFIDAVIT TO OBTAIN ADMINISTRATIVE INSPECTION WARRANT BEFORE ME, the undersigned authority, personally appeared MIKE MARTINEZ who, being by me duly sworn, deposed as follows: "My name is MIKE MARTINEZ, I am over the age of eighteen (18) years. I am of sound mind and competent to make this Affidavit. The statements contained herein are based on my personal knowledge and are true and correct. "I am a code enforcement officer employed by the City of Corpus Christi - Neighborhood Services Department. Based on my training, education and experience, I have probable cause to believe and I do believe that the following described property is in such a substandard condition as to constitute a hazard to the health and safety of the neighborhood, and of the general public: 1502 Tarlton St. Corpus Christi, Nueces County, Texas 78415. "The facts which establish probable cause to believe this are: "The property at 1502 Tarlton Street, Corpus Christi, Texas which is believed to be owned by Ron Voss and the Phoenix Southwest Group has been and is currently unoccupied and vacant. — "Neighborhood Services along with the news media and the fire department were present at the location on the day before yesterday. The news media who were able to reach the top of the structure reported to me that there is a portion 'of the roof that is sinking or caved in approximately 9 feet in diameter. There are also holes in the roof that vagrants and derelicts are using to enter the building and use it as shelter from the elements. "According to the fire marshal because the lower portion of the building is boarded up, in the event of a fire any person inside the building would be at serious risk of death because they would not be able to get back out of the holes in the roof. With —265— the approaching cold front there is grave concern that the vagrants and derelicts using the building will build fires inside to keep warm putting themselves in harms way. "Furthermore, because the roof is caving in and it is unknown how deteriorated the overall structure is, it may be so structurally deteriorated as to present danger of collapse, putting anyone inside the building or living near the building in danger. "These concems are not without foundation as on at least one occasion in the past several years a dead body was found within the structure. On other occasions used syringes and other drug paraphernalia have been found. "Affiant asks for an administrative inspection warrant pursuant to Texas Code of Criminal Procedure 18.05 to inspect the exterior and interior of 1502 Tarlton including the curtilage, to reveal the conditions and circumstances of the building." AFFIA Swom to and signed before me by MIKE MARTINEZ, on this the G41\, of November, 2008. Vv� Person Author' d to�dminist TITLE: Munici al ourt Judge —266— City of Corpus Christi Notificati (ID n of Ordinance Violation Department of Neighborhood Services Code Enforcement Division November 12, 2008 CERTIFIED # 7006 0810 0006 0125 2251 1772- 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP I COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 of On November 12, 2008, an investigation found violations o Administrator ter 3 Article of le III, Zoning the & o de of Ordinances of the City of Corpus Christi on the above property. The Division of the Neighborhood Services Department has determined that the above referenced building may be a vacant building. There are numerous openings to the building found unsecured. In order to remedy the violation(s), you must immediately secure the building from unauthorized entrance. A copy of the applicable ordinance is attached for your review and is incorporated in this notice by reference. In addition to the immediate measures of temporarily securing the building, you must secure the building from unauthorized entry by normal or other than normal means, as those terms are defined in Section 13 -3002, Code of Ordinances within 14 days. A follow up inspection will be conducted after fourteen (14) days of receipt of this notice. Failure to take immediate action to temporarily secure the building will result in the City performing the work without further notice and at your expense, and the City may file a lien for the administrative and corrective expenses incurred to remedy the violations. In addition, the City may initiate authorized enforcement actions for the violations. According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, retum receipt requested, to this offre not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may contact our offices at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00011997 Exhibit 5 NVB OW Encl.: Ch. 13, Art. III - Vacant Building Ordinance —267 — Affidavit of Non - Ownership City of Corpus Christi Notifficca$i n (• f Ordinance Violation Departanent of Neighborhood Services Code Enforcement Division November 14, 2008 CERTIFIED # 7004 1350 0000 4811 0734 1772- 0000 -0020 RON VOSS,SR 3756 BRATTON CORPUS CHRISTI TX 78413 RE: 1502 TARLTON ST COPPS LT 2 sikei III On November 12, 2008, an investigation found violations of Chapter 13, Article 111, of the Code of Ordinances of the City of Corpus Christi on the above property. The Administrator of the Zoning & Code Enforcement Division of the Neighborhood Services Department has determined that the above referenced building may be a vacant building. There are numerous openings to the building found unsecured. In order to remedy the violation(s), you must immediately secure the building from unauthorized entrance. A copy of the applicable ordinance is attached for your review and is incorporated in this notice by reference. In addition to the immediate measures of temporarily securing the building, you must secure the building from unauthorized entry by normal or other than normal means, as those terms are defined in Section 13-3002, Code of Ordinances within 14 days. A follow up inspection will be conducted after fourteen (14) days of receipt of this notice. Failure to take immediate action to temporarily secure the building will result in the City performing the work without further notice and at your expense, and the City may file a lien for the administrative and corrective expenses incurred to remedy the violations. In addition, the City may initiate authorized enforcement actions for the violations. Additionally, this property may be in violation of other Code provisions. Please review the attached narrative for an explanation of the other violations that are present at the property and that must be remedied. According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may contact our offices at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00011997 NVB Encl.: Affidavit of Non - Ownership Exhibit 5 —268— VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: DUTY TO SECURE VACANT BLD DESCRIPTION: SEC 13 -3008 LOCATION: QUANTITY: 1 DATE: 11/12/08 NARRATIVE : Property must be secured and all openings must be boarded up to completely. ORDINANCE DESCRIPTION : (a) The all doors, owindows, aand cother uopenings htol the c secure vacant building. (b) The owner shall keep a vacant building secured, safe, and properly maintained. (c) Failure of the owner to maintain a vacant building in a secured condition and that results in abatement by the city is grounds for revocation of the approved vacant building plan'and timetable, and the owner is subject to any applicable penalties. (d) If securing a vacant building by normal measures fails to keep the vacant building secure, the owner must use other than normal measures to secure the building, including boarding the vacant building. CORRECTIVE ACTION REQUIRED : Sec. 13 -3009. Standards for boarding a vacant building. (a) Except as provided in subsection (c) of this section, if the owner is unable to secure a vacant building by normal means, the owner shall board the vacant building under the following specifications and requirements: (1) All unsecured doorways, windows, or other exterior openings must be covered by wooden structural panels. However, the glazed portion of an otherwise structurally sound door may be replaced or covered by a wooden panel. (2) Wooden structural panels may-be installed on the exterior or interior of the opening. (3) The wooden structural panels installed on the exterior of a building must be flat, square, and level, and in a manner accepted as good workmanship. The administrator has the sole discretion to determine if the work was performed in an acceptable manner. (4) Required materials. The wooden structural panels must be used to cover doorways, windows, or other exterior openings. The wooden structural panels must be composed of CDX exterior grade plywood or oriented strand board ( "OSB ") with a minimum one -half ( 1/2) inch nominal (seven- sixteenths ( 7/16) inch actual) thickness. The administrator may approve the use of alternate materials. (5) Required fasteners and hardware. All metal faseners and hardware must be made of stainless steel, g t steel, or cadmium plated steel. (6) Required coatings. All exterior board a vacant building mustdd ? PAGE 1 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : two (2) coats of exterior grade latex paint that is black, white, the predominant color of the building, or a color approved by the administrator. (7) Approved methods for installing exterior wooden structural panels. a. Wooden structures with wood trim surrounding window and door openings. 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must extend at least four (4) inches on the top and on each side of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must and extend at least four (4) inches on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the building and window by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 6. The fasteners must be installed at opposing ends of the wooden structural panels. b. Masonry structures or structures with brick facades with wood trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A. Cover the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or be flush with the masonry wall or brick facade on the top, bottom, and on each side of the window opening. 3. The wooden structural paggte_must be attached to the PAGE 2 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : building by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 6. The fasteners must be installed at opposing ends of the wooden structural panels% c. Masonry structures or structures with brick facades with metal trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the building,the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A. Cover the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or_, brick facade on the top and both sides of the opening.,. 2. If there is no sill or the sill does not extend beybfd the face of the building, the wooden structural panels must be either set into or flush with the masonry wall or brick facade on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the metal —trim by metal screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Metal screws and lag bolts must be secured to the metal structure used to frame the opening. 5. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 6. The fasteners must be installed at opposing ends of the wooden structural panels._271_ PAGE 3 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : d. Masonry structures or structures with brick facades with no trim surrounding windows. 1. A wooden frame constructed of with two -inch by four -inch nominal dimensional lumber must be installed around the perimeter of the opening. 2. The wooden frame must be secured to the masonry wall or brick facade with lag bolts and vibration- resistant anchors having a minimum ultimate withdrawal capacity of four hundred ninety (490) pounds. 3. The wooden structural panels must be attached to the wooden frame using wood screws. 4. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 5. The fasteners must be installed at opposing ends of the wooden structural panels. e. The administrator may approve the use of blocks, clips, or other special hardware items or alternate methods for installing wooden structural panels. (8) All broken glass and any other loose material must be removed from the opening before the wooden structural panels are installed. (9) Exterior access to floor areas above the first floor, such as fire escapes and ladders, must be either: a. Removed up to the second floor level or to a height of thirteen (13) feet above the ground, whichever is lesser. b. Secured to the satisfaction of the administrator. (10) Fascia signs, overhanging signs, roof signs, and all other appurtenances, such as sun visors or awnings must be removed if they are in a dangerous condition or could create such a condition. (11) All loose or defective materials, trim, or structural elements on the exterior of the building must be removed. (12) Any condition which may become a hazard or danger to the public must be corrected. (b) The owner of a boarded vacant building shall post the premises. (1) One (1) or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or72_ PAGE 4 VIOLATION DETAIL PAGE :ASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size. (c) Instead of boarding a building in the manner specified by subsection (a) of this section, the administrator may allow the owner to secure the vacant building in a manner in which the administrator determines adequately prevents unauthorized entry or vandalism. VIOLATION: WATCHMAN REQUIRED (DT) DATE: TITY: 11/12/08 ) ESCRIPTION: SEC 13 -4012 LOCATION: NARRATIVE : Watchman must be on the premises until all openings have been secured and boarded up. ORDINANCE DESCRIPTION : (a) If boarding, the use of electronic monitoring systems, or the use of other methods fails to keep unauthorized persons from entering an unoccupied vacant downtown building, upon direction by the administrator, the owner shall have a watchman on duty upon the premises every day continuously between the hours of 4:00 p.m. and 8:00 a.m. (b) The watchman must remain on duty daily during the required hours until the building is either legally occupied, demolished, or sold. ----------------------- VIOLATION: PAINTING EXTERIOR PANELS QUANTITY: 1 DESCRIPTION: SEC 13 -3010 DATE: 11/12/08 LOCATION: NARRATIVE : All exterior panels must be free of grafitti and painted accordingly. ORDINANCE DESCRIPTION : When an owner of a vacant building boards up a building, the owner shall apply at least two (2) coats of exterior paint to the exterior panels installed on all openings, windows, and doors. The coat of exterior paint must be black, white, the predominant color of the building, or a color approved by the administrator. VIOLATION: DUTY TO CLEAN VACANT BLD QUANTITY: 1 DESCRIPTION: SEC 13 -3007 DATE: 11/12/08 LOCATION: _273_ CONTINUED 5 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST NARRATIVE : Property must be entirely cleaned up and free of any litter and solid waste. ORDINANCE DESCRIPTION : (a) The owner of a vacant building shall remove any solid waste from the interior of the building. (b) The owner of a vacant building shall remove any solid waste or high weeds and brush from the premises on which the vacant building is located. (c) The owner shall keep the premises on which the vacant building is located properly maintained until the building is returned to an authorized occupancy, demolished, or sold. (d) Failure of the owner to maintain the premises that results in abatement by the city is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. CORRECTIVE ACTION'REQUIRED : in a manner accepted as good workmanship. The administrator has the sole discretion to determine if the work was performed in an acceptable manner. (4) Required materials. The wooden structural panels must be used to cover doorways, windows, or other exterior openings. The wooden structural panels must be composed of CDX exterior grade plywood or oriented strand board ( "OSB ") with a minimum one -half ( 1/2) inch nominal (seven- sixteenths ( 7/16) inch actual) thickness. The administrator may approve the use of alternate materials. (5) Required fasteners and hardware. All metal fasteners and hardware must be made of stainless steel, galvanized steel, or cadmium plated steel. (6) Required coatings. All exterior materials used to board a vacant building must be painted with a minimum of two (2) coats of exterior grade latex paint that is black, white, the predominant color of the building, or a color approved by the administrator. (7) Approved methods for installing exterior wooden structural panels. a. Wooden structures with wood trim surrounding window and door openings. 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must extend at least four (4) inches on the top and on each side of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must and extend at least four (4) inches on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the building and window by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden s t4ctural panel. If carriage pp3E 6 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST PAGE 7 CORRECTIVE ACTION REQUIRED : bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing anel span <= 4 foot 4 foot < panel span <= 6 foot 2<i/ 6 foot < panel span <= 8 foot 2 122" 2" #6 Wood screws 16" 12" 9" #8 Wood screws 16" 16" 12" 6. The f asteners must be installed at opposing ends of tthe wooden structural panels. ry structures or structures with brick facades with wood trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A. Cover the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or be flush with the masonry wall or brick facade on the top, bottom, and on each side of the window opening. 3. The wooden structural panels must be attached to the building by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing anel span <= 4 foot 4 foot < panel span <= 6 foot 2 c= 6 foot < panel span <= 8 foot 2 1/ 1/2" #6 Wood screws 16" 12" 9" 2" #8 Wood screws 16" 16" 12" 6. Th e fasteners must be installed at opposing ends of the woo den structural panels. c. Ma sonry structures or structures with brick facades with me tal trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the buildin g, the bottom of the wooden structural panels must be flus h with the sill and the wooden 2s75 uctural panels must: VIOLATION DETAIL PAGE CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : A. Co ver the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or flush with the masonry wall or brick facade on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the metal trim by metal screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Metal screws and lag bolts must be secured to the metal structure used to frame the opening. 5. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing P anel span <= 4 foot 4 foot < panel span <= 6 foot <_ 6 foot < panel span <= 8 foot 2 1/ 2" #6 Wood screws 16" 12" 9" 2 1/2" #8 Wood screws 16" 16" 12" 6. The f asteners must be installed at opposing ends of the wooden structural panels. d. Mason ry structures or structures with brick facades with no tr im surrounding windows. 1. A wooden frame constructed of with two -inch by four -inch nominal dimensional lumber must be installed around the perimeter of the opening. 2. The wooden frame must be secured to the masonry wall or brick facade with lag bolts and vibration - resistant anchors having a minimum ultimate withdrawal capacity of four hundred ninety (490) pounds. 3. The wooden structural panels must be attached to the wooden frame using wood screws. 4. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing Panel span <= 4 foot 4 foot < panel span c= 6 foot <_ 6 foot < panel span <= 8 foot 2 1 /2" #6 Wood screws 16" 12" 9" 2 1/2" #8 Wood screws 16" 16" 12" 5. The fasteners must be installed at opposing ends of the woode n structural panels. e. The administrator may approve the use of blocks, clips, or other special hardware items or alternate methods for insta lling wooden structural panels. (8) All broken glass and any other loose material must be removed f rom the opening before the woodeen_structural panels ar 8 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : (9) Ext e installed. erior access to floor areas above the first floor, such as fire escapes and ladders, must be either: a. Removed up to the second floor level or to a height of thirteen (13) feet above the ground, whichever is lesser. b. Secured to the satisfaction of the administrator. (10) Fascia signs, overhanging signs, roof signs, and all removedpifrtheynare visors or awnings must be could create such a condition. (11) All loose or defective materials, trim, or structural elements on the exterior of the building must be removed. (12) Any condition which may become a hazard or danger to the public must be corrected. (b) The owner of a boarded vacant building shall post the premises. (1) (1) near each walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size. (c) Instead of boarding a building in the manner specified by subsection (a) of this section, the administrator may allow the owner to secure the vacant building amiistrator ermines vandaliism -------------------------------------------------------------- -------- --- -- --- -------- -- --- - - - - -- QUANTITY: 1 --- - -- VIOLATION: INSTALLING FENCE DATE: 11/12/08 DESCRIPTION: SEC 13 -3011 LOCATION: NARRATIVE : Fencing must be installed around the premises to prevent any further illegal dumping. ORDINANCE DESCRIPTION : (a) If the boarding of a vacant building fails to keep the building effectively secured, the owner shall install a minimum eight -foot high chain link fence around the perimeter of the building. (b) The owner of a fenced vacant building shall post the premises. posted at or near each (1) One (1) or more signs mu-277— P PAGE 9 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST ORDINANCE DESCRIPTION : entrance to the building and on fences or walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size VIOLATION: ENTRY OR INTERFERENCE QUANTITY: 1 DESCRIPTION: SEC 13 -3014 DATE: 11/12/08 LOCATION: ORDINANCE DESCRIPTION : (a) No person may enter or occupy any building that has been posted under subsections 13- 3009(b) or 13- 3011(b), except to repair or demolish the building under proper permit or for a purpose authorized by the owner, or as allowed under subsection 13- 3005(b). (b) No person may remove or deface any notice that has been posted under subsections 13- 3009(b) or 13- 3011(b) until the required repairs or demolition have been completed or a certificate of occupancy has been issued by the building official. VIOLATION: DUTY TO REMOVE OR REPAIR QUANTITY: 1 DESCRIPTION: SEC 13 -3013 DATE: 11/12/08 LOCATION: ORDINANCE DESCRIPTION : The owner of a vacant building shall promptly remove or repair any element of the building or a sign on the premises that is in a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. -278- PA(IE 10 11 lireitabNiVitilis !0):Mtt'twAC$17:1401!" ' o ruColl &RTd , ”E. rPO“ ICTE trOiLVtil CI Pk Isicted DeloNv Fa& 111 farldM;M: m rI RON VOSS,SR 3756 BRATTON a - o CORPUS CHRISTI TX 78413 ,ACCT # 1772-0000-0020 RP 111 1 7004 1350 0000 4811 0734 C! 704S!a09277 RON VOSS,SR 3756 BRATTON CORPUS CHRISTI TX 78413 ACCT # 1772-0000-0020 RP 4C 1 01 TO SUNDER tONCLAsHED oNAeLE TO ronwAno 7P.J4SPb2777r 120..-efrga.93-07-ntl 11 11111111111111:111111111111111 ill I i 111111)111)11. 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I--; J 0 r4.1.■ Fr: i J 9 o 1, ,<.:-:; c: l 1.1 .:n I., I -n IA o to t” ,r1 ,.. -76 I C-: ii10.117:": _ ill .'t54' 0 i 1-1 :: c• to. ,., C.4 prj) 1:: 1 i.,t1 :II b. 1:1:76 a CO in ❑290 900L ru Emi;gia;= ru —281— 24 .1-1 V O 00 • 0 0 1 go Ht o ooc..4o 04&l0 co. ads t-IN 0 0 E •■i El 0 At 3-I 0 is) 0 0 4 e'a OD 1—I co 04 q4-1 v arz 2 S2TO 9000 OT90 900t -282- Ln ru ru Lfl ru . 3 0 0 0 7006 0810 E 1 STATE OF TEXAS NUECES COUNTY ADMINISTRATIVE INSPECTION WARRANT § TO ANY HEALTH OFFICER OR CODE ENFORCEMENT OFFICAL OF THE STATE OF OF THE CITY OF CORPUS CHRISTI TEXAS, OR EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT: GREETINGS: WHEREAS, the Affiant, whose name appears on the Affidavit for Administrative Inspection Warrant ( "Affidavit ") attached hereto, and incorporated herein by reference as if written verbatim within this document, is a code enforcement officer of the City of Corpus Christi, did heretofore this dayy subscribe and swear to said Affidavit; WHEREAS, I find that the verified facts stated by affiant in said Affidavit show that affiant has probable cause for the belief he expresses herein and establishes existence of proper grounds for issuance of this Administrative Inspection Warrant; YOU ARE HEREBY COMMANDED to enter the premises described in said affidavit, to wit: the exterior and interior of the buildings as well as the surrounding curtilage at 1502 Tarlton, Corpus Christi, Texas and inspect the property. This inspection is authorized to check or reveal conditions, objects, activities, or circumstances indicated in the accompanying affidavit. This warrant must be retumed without unnecessary delay after its execution, showing how you executed the same. Signed this 1 / day of November, 2008 at lock Cam' Muni • al Court Judge City • Corpus Christi Nueces County, Texas OFFICER'S RETURN Came to hand the 13 day of November, 2008, at 1=-; o'clock A .m. and executed on the I'\ day of /00‘; , 2008, at 2 o'clock 1i .m. by Exhibit 6 _283_ STATE OF TEXAS NUECES COUNTY AFFIDAVIT TO OBTAIN ADMINISTRATIVE INSPECTION WARRANT BEFORE ME, the undersigned authority, personally appeared MIKE MARTINEZ who, being by me duly sworn, deposed as follows: "My name is MIKE MARTINEZ, I am over the age of eighteen (18) years. I am of sound mind and competent to make this Affidavit. The statements contained herein are based on my personal knowledge and are true and correct. "I am a code enforcement officer employed by the City of Corpus Christi - Neighborhood Services Department. Based on my training, education and experience: I have probable cause to believe and I do believe that the following described property is in such a substandard condition as to constitute a hazard to the health and safety of the neighborhood, and of the general public: 1502 Tarlton St. Corpus Christi, Nueces County, Texas 78415. "The facts which establish probable cause to believe this are: "The property at 1502 Tarlton Street, Corpus Christi, Texas which is believed to be owned by Ron Voss and the Phoenix Southwest Group has been and is currently unoccupied and vacant. "Neighborhood Services along with the news media and the fire department were present at the location last week. The news media who were able to reach the top of the structure reported to me that there is a portion of the roof that is sinking or caved in approximately 9 feet in diameter. There are also holes in the roof that vagrants and derelicts are using to enter the building and use it as shelter from the elements. "According to the fire marshal because the lower portion of the building is boarded up, in the event of a fire any person inside the building would be at serious risk of death because they would not be able to get back out of the holes in the roof. With the approaching cold fronts there is grave concern that the vagrants and derelicts using the building will build fires inside to keep warm putting themselves in harms way. —284— "Furthermore, because the roof is caving in and it is unknown how deteriorated the overall structure is, it may be so structurally deteriorated as to present danger of collapse, putting anyone inside the building or living near the building in danger. "These concems are not without foundation as on at least one occasion in the past several years a dead body was found within the structure. On other occasions used syringes and other drug paraphemalia have been found. "A partial inspection was made on Friday, November 7, 2008 with the Defendant. After seeing additional loose wiring and further cave -ins in the ceiling a full inspection or completion of the inspection is required to determine the building's condition. "Affiant asks for an administrative inspection warrant pursuant to Texas Code of Criminal Procedure 18.05 to inspect the exterior and interior of 1502 Tarlton including the curtilage, to reveal the conditions and circumstances of the building." , Swom to and signed before me by MIKE MARTINEZ, on this the 2008. of November, Pe n Authorized to Administer Oath TITLE: Municipal Court Judge —285— City of Corpus Christi LEGAL DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-880-3360 Fax 361- 880 -3239 Municipal Court Prosecutor's Office 120 N. Chapannl Corpus Christi Texas 78401 Phone 361- 886 -2530 Fax 361- 886 -2567 Juvenile COW? Prosecutor's Office 226 Enterprise Pkwy Suite 103 Corpus Christi Texas 78405 Phone 361 - 826 -4014 Fax 361-826-4309 Police Legal Advisor 321 John Sartain Corpus Christi Texas 78401 Phone 361 -886 -2608 Fax 361- 886 -2634 www.cctexas.cotn 1I I November 20, 2008 Mr. Kenneth M. Culbreth, Jr. Jordan, Hyden, Womble, Culbreth & Holzer, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 Via First Class mail Via hand delivery Via email: kculbreth@ jhwclaw.com Re: 1502 Tarlton Street – substandard and vacant structure Dear Ken: This letter is sent in response to your two communications received by email on Thursday, November 13, 2008. The two communications, regarding the above - referenced property ( "Tarlton "), were received at 3:44 p.m. and 3:58 p.m., respectively. While I provided a limited initial reply that Thursday in re- sponse to.these inquiries, as previously noted, a full response would be forth- coming after the matter had been reviewed with staff, The issues raised in your inquiries are addressed in this letter. To recap, the Tarlton property is owned by your client and what appears to be, an 'empty' corporation (corporation organized by a single individual; same individual reported by your client to be deceased as of November, 2007). Fol- lowing local media reports and receipt by the City of a complaint that this property was again unsecured and being accessed by transients, in violation of the Corpus Christi Code of Ordinances (the "Code "), your client and City staff (consisting of personnel from the Fire, Police, and Neighborhood Ser- vices Departments), along with attomeys representing both parties, con- ducted a partial inspection of the Tarlton property on Friday, November 7, 2008. (This inspection was partial in nature due to the fact that some rooms, portions of the west wing, and an upper floor were not accessed.) As was observed by staff and your client during this inspection, multiple vio- lations of the Code were apparent, both inside and outside the structure, at this property—high weeds, accumulations of solid waste and litter, fire pre- vention provisions (exposed wiring and discarded combustibles, among other violations), multiple unsecured entry points, graffiti, and substandard struc- tural and occupancy conditions. Additionally, there was overwhelming evidence that the structure had been repeatedly, and often, accessed and occupied by unknown persons. It was noted that, while abatement of some of the observed Code violations would appear to require more than a day or two to remedy, such as the caved -in roof section (for which further discussions and development of an action plan would be appropriate), the most pressing concerns regarding unsecured entry and access would require immediate attention by your client. –286– K. Culbreth — Tarlton property November 20, 2008 Page 2of4 Following the inspection, your client was instructed to take the following immediate measures: (1) Secure not less than two night watchmen, to be on duty by dusk the evening of Friday, November 7, 2008. At a mini- mum, one watchmen had to be on duty at all times during daylight hours. The requirement for continuous watchmen had to be met until the property was secured by other means. (2) All openings to the buildings were required to be boarded and secured from entry. All high grass and weeds were required to be abated. All solid waste, litter, and other debris were required to be abated. (3) (4) All of the above- stated immediate abatement measures were discussed and reviewed with your client by staff. At that time, your client assured staff that watchmen would be hired and that he would "try" to secure the building over the weekend. While staff understood the practical constraints of attempting to obtain the services of a contractor over the upcoming weekend, nothing pre- vented your client from taking such immediate steps on his own to obtain the necessary materials and begin work to secure the property, in addition to completing the needed mowing and exterior clean -up. Despite your client's apparent understanding and acknowledgement of the absolute necessity to immediately abate the existing conditions, it appears that your client did nothing. Follow -up inspections of the exterior of the Tarlton property were conducted last week. The results of these inspections are as follows: • Tuesday, November 11, 2008 AM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds, no abatement of solid waste • Tuesday, November 11, 2008 PM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds, no abatement of solid waste —287— K. Culbreth — Tarlton property November 20, 2008 Page 3 of 4 • Wednesday, November 12, 2008 PM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds; no abatement of solid waste • Thursday, November 13, 2008 AM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds, no abatement of solid waste As a result of suspected inaction by your client, the City obtained and exe- cuted an administrative inspection warrant Thursday afternoon, November 13, 2008, in order to conduct a full inspection and ascertain whether or not the previously - observed violations continued unabated at the Tarlton property. In order to obtain access to the structure, an old lock had to be broken. The old lock was replaced with a new lock, and the keys are included in the envelope (with this original letter) being delivered to your office. Following entry under the warrant, it was apparent that all expectations re- lated to your client's assurances to take immediate abatement actions to secure the property were unfulfilled. Of note, staff observed that there appeared to have been continued entry by unknown persons following the previous inspection due to the apparent placement of chairs and other objects in places where such had not been on Friday, November 7, 2008. There -fore, the City, through an independent contractor, proceeded to immediately abate the unsecured entry points and openings, under provisions contained in Sections 13 -26(E) and 13- 3005(d) of the Code. With the exception of the roof openings over'the interior atriums and the caved -in roof section of the west wing, the structure was secured by late evening on Thursday, November 13, 2008. However, violations related to the high grass /weeds and accumula- tions of solid waste were not summarily abated at that time. Your client continues to be responsible for ensuring that further action is taken with regard to the high weeds and solid waste presently existing on the property. (The Tarlton property was previously documented in violation on 4/2/08, 6/17/08, 6/26/08, and 7/31/08. Criminal charges related to these vio- lations are pending at this time against your client.) Failure by your client to immediately abate the existing exterior violations may result in the filing of additional criminal charges. Furthermore, additional abatement activity may be sought by the City, utilizing an independent contractor. (See copies of attached previous violation notices.) —288— K. Culbreth — Tarlton property November 20, 2008 Page 4 of 4 With regard to the continuing substandard condition of the structure, please be advised that the City will be seeking a permanent solution to address this unsafe, blighted property. In the event that your client desires to discuss and formulate a long term solution that is satisfactory to all parties, please contact me at your earliest practical convenience. Sincerely, Eliza. -th R. Hundley Assistant City Attorney Enclosures 5 (Two keys; three documents) cc: 'Angel R. Escobar, City Manager Margie Rose, Assistant City Manager Andy Cardiel, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quiroz, Zoning and Code Enforcement Administrator, NSD —289— war City of Corpus Chnsti November 21, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division '111r CERTIFIED # 7006 0810 0006 0125 2336 1772 - 0000 -0020 RE: 1502 TARLTON ST RON VOSS COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 21, 2008, a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code and ordinances cif the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. Please correct the violation(s) within thirty (30) days of receipt of this notice A permit must be obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these defects, by either repairs, reconstruction, alteration, removal, or demolition within the allowed time, will result in further action. If necessary, the City may contract for demolition of the property. Expenses and administrative fees incurred by the City will be assessed on the real estate upon which such expenseswere incurred The City may also file charges in Municipal Court for these violations. If found guilty, you can be assessed a fine of up to $500.00 under Section 13 -29 of the Code of Ordinances. Each day a violation continues constitutes a separate and distinct offense. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012213 NIDBDO1 RP Exhibit 8 NOTICE: The City's Solid Waste Department will not pick up rubbish at vacant lots or vacant houses unless the collection fee is beina paid for that address. VIOLATION DETAIL CASE NUMBER 08- 00012213 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: FAIL TO MEET MINIMUM STDS QUANTITY: 11/20/08 DESCRIPTION: SEC 13 -25 LOCATION: NARRATIVE : Building case was initiated due to building failing to meet minimum standards.Any questions contact Mike Martinez at 815 -0349. PAGE ORDINANCE DESCRIPTION : ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. ALL BUILDINGS OR STRUCTURES WHICH HAVE PIT PRIVIES WHERE THE SAME ARE NOT PERMITTED BY LAW OR WHICH ARE NOT WHERE CINADEQUATEEANDTUNSANITARYEPITEPRIVIESB OR OR SEPTIC TANKS EXIST. 3. THROUGH ACCIDENT OR LACK REPAIR OR BECOME DETERIORATED CAUSES OR H BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ARE MAINTAINED FIRE HAZARDS AS WHICH THAT TERM IS WHICH DEFINED THROUGH THE FIRE PRVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERIORATED THAT THEY ARE IN DANGER OF COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. 6. ALL BUILDINGS SO CONSTRUCTEDUASUTS O CONSTITUTE UAT MENACE PTO HEALTH TO BE TH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE OR OTHER DISEASE - CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD SEAASDE ATENBRACING NDS ORATEDTO SAFETY MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN A INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. _291_ 1 Lvct. No.: 1772- 0000 -0020 Zoning:AB CT: 15 Building Survey Report Property Address: 1502 TARLTON Lot:2 Block: Owner: SOUTHWEST GROUP 1, RON VOSS, SR. City /State: CORPUS CHRISTI, TX Dwelling ►Commercial Accessory Wood Frame ►Masonry Fire Damage ►Inside Inspection ►Pictures ►Vacant Occupied Open ►Placard Date Posted: 11 -11 -08 Corrections must be made to the item(s) checked below to comply with the Code Enforcement Minimum Building Standards Code. The following city ordinances are applicable: Building, Plumbing, Electrical, Mechanical, Fire, Health, Zoning. Permits Required: Is Building Is Plumbing Is Electrical S Mechanical _Fire Health Other: Inspection Date: 11 -7 -2008 Revised Date: City of Corpus Christi Officer: MIRE MARTINEZ Addition: COPPS Mail to: 15706 CUTTYSARR /ALSO 3756 BRATTON Zip: 78418/78413 Sq Ft 1 Story # Of Units Smoke Alarms: _►_Missing _Inoperative Required OUTSIDE WALLS: (304.2,304.14,307.6) Type:BRtCK Charred Wood Rotten Wood Rotten Corner Boards Missing Boards ►Badly in Need of Paint Siding Broken Missing Holes ►Cracks Buckled Leans Missing Brick Loose Brick >Damaged Exterior Trim Other: WINDOWS: (304.7,8,9,10,13) Charred Wood ►Broken Glass Missing Screens Torn Screens Improperly Located ROOF: (304.3) Type:TAR & GRAVEL Charred Wood Rotten Eaves Rotten Rafter Tails ►Rotten Decking Missing Shingles Deteriorated Shingles ►Leaks flags ►Buckled ►Collapsed ►Worn Torn ►Holes Other: PORCHES: (304.5,6) Charred Wood Missing /Broken Boards Loose Rotten Wo q_ Inadequat apport Additional Alarms FOUNDATION: (304.1,304.17) Type:CONCRETE PIER AND BEAM Inadequate Support Rotten Wood Piers Lean Piers Missing Cracks /Perimeter Wall Cracks /Slab Pads Missing Cracked Missing Skirting Missing Access Cover Exposed Sills Rotten Sills Damaged Floor Joist Sagging Floor Joist Other: DOORS: (304.7,304.12,304.13) Charred Wood ►Missing ►Damaged ►Poor Fit Damaged /Missing Screen(s) Page 2 STEPS: (304.5,6) Charred Wood Rotten Wood Missing Boards Inadequate Support Missing Handrails Loose Handrails Faulty Weather Protection Other PLUMBING: WATER CLOSET (301,306.6,307.2) *Missing No Anti- Siphon Ballcock Stopped Up Poorly Anchored Seeps Around Bowl Water Supply Line Leaks Flush Ell Leaks Runs Constantly Tank Broken Cracked Bowl Broken Cracked Disconnected Missing Flush Handle Missing Flapper Urinal No Back -flow Preventive No Elongated Bowl /Open -end Seat Other -LAVATORY: (301.1,301.2,307.2) *Missing No Anti- Siphon Faucets Faucets Leak Broken Missing "P" Trap Leaks Missing Defective Trap Stopped Up Water Supply Line Leak Loose from Wall Nonconforming Waste Line Disconnected Other: KITCHEN SINK: (304.19,306.2) Defective Trap Faucets Loose Broken Faucets Missing "P" Trap Rubber Hose Trap Leaks Missing Stoned Um Property Address: PLUMBING: BATHTUB /SHOWER: (301,306.6,307.2) *Missing Faucets Loose Broken Missing No Anti-Siphon Faucets Missing Overflow Plate Missing Tap Missing Shower Head Not vented Disconnected Stopped Up Damaged Shower Stall Other WATER HEATER: (301.4307.3) Gas Electric *Missing Disconnected Temperature /Pressure /Relief Valve Missing Temperature /Pressure /Relief Valve Broken Drain Line Missing Not Approved Pipe Not Extended Outside Elbowed Down Vent Missing Loose No Double Wall Pipe /Attic Nonconforming Vent Inadequate Combustion Air Thermostat Missing Damaged No Gas Cut Off Missing Firebox Door Gas Supply Line Not Approved Pipe Gas Fired - Located in Bathroom Gas Fired - Located in Bedroom Fire Damaged Other GAS SYSTEM: (301.5) Gas Pressure Test Required Gas Leak Line Appears to Enter Bldg Below Grade Level Gas Supply Line Not Approved Pipe Rubber Hose to Space Heaters Non -Rigid Pipe Run Through Partition Wall Other PLUMBING MISCELLANEOUS: (301.1,2,3) Open Clean Out Water Leak Yard Under House Vent Stack Missing Broken Vent Stack Not Extended Through Roof Rain Guard Damaged Missing osed Exterior PVC Pipe U Water Supply Lines Uot, Tran Not Vented No Cut Offs Page 3 ELECTRICAL SERVICE: (302.4,303) Service Panel Burned *Service Missing *Service Appears Below Code Two -Wire Service ►Inadequate *Defective *Disconnected *Service Not Grounded *Missing Breakers Fuses *Missing Interior Exterior Panel *Exposed Wiring Nonconforming Wiring in Panel Drops Too Low Other: Cover SYSTEM: (302.4,303) Burned Wiring Plugs Switches Burned Fixtures Less Than 1 Duplex Recept. /20 linear ft - BEDRM LVGRM DNGRM Den Kitchen No Small Appliance Circuits Over Kitchen counter space with GFCI Only One Small Appliance Circuit Over kitchen counter space with No GFCI Kitchen Appliance Circuits - No GFCI *Plugs Missing Loose Broken *Switches Misslaq Loose Broken *Fixtures Missing Loose Broken Missing Switch Covers Plug Covers Extension Cords in Place of Permanent wiring Bathroom Circuit no GFCI Missing Conduit Broken Loose g No Separate Circuit for No Disconnect for Air Conditioner Exterior Lights Missing Front Back Side Loose Porch Lights Broken Missing Other: MECHANICAL: (302.1,302.2) ►Vented Wall Heater Damaged 1.4.-n Floor Furnace Damaged Missing Nonconforming Gas Line to Space Heater Wall Heater With No Vent in Bathroom ►Thermostat Damaged Missin Gas -Fired Heating Appliance within 2' of Tub /Shower /Water Closet Condensing Unit Damaged Missing No Vent Fan or Window in Bathroom Vent Fan Missing Not Operative Heat With No Vent in Commercial Bldg Fire Damage Property Address: 1502 TARLTON INSIDE WALLS AND CEILINGS: (304.16,307.6) Charred Wood ►Paint Deteriorated Cracks ►Holes Torn Wallpaper Damaged Paneling Holes ►Sheetrock Broken Missing ►Sheetrock Mildewed Buckled ►Ceiling Damaged Missing Water Damaged Smoke Damaged ►Impervious Material Around Tub Enclosure Damaged Missing *Walls Around Tub Not Water Resistant Other: INTERIOR FLOORS: (304.16,307.6) Charred Wood Rotten Wood Missing Boards ►Holes Cracks Not level Buckled Torn ►Damaged or Other: LEADING MISSING TO GROUND ACCESSORY STRUCTURE (304.14,15,17) TYPE: Roof: Type: Rotten Loose Torn Holes Missing Other Walls: Type: Rotten Leaning Buckled Missing Other Foundation: Type: Sunken Cracked Rotten sills Other UNSANITARY CONDITIONS: (306,307.6) Plumbing Fixtures Unsanitary Insect, Roach, Rodent Infestation Lacks Adequate Garbage Containers Other: -294- pe a to ..) W �t CyC '11\+, -,,-.- ), Olt W`..� \\ m a7CH Id y N H K 1 in N 1-4 o s C.-113 0 1-1 x rn — d i.- o 0 'e t 1 o ram -d r -1 - .imm•� o IN Q PS Y ° l i UMII' (I4? N�2 r--' ��-. �� _ i tf 51 ;:m 'Jd o N �� ?1 1 51.tal b 1 �J: r ) r:. 02y+'j li 0 ca t' 1 A"' .4y.. c e' s !6 a5 La O %.44-) "IIII s1 a1 I eti w 1 i l+ Jj _f, ,. in E. t � "' ku�, • I '+ �. u') �^ M o k N ru ! m 1 -296- 111 m ru 0810 0006 0125 *.hr'v.. 14fi1)iof!ta14V(eHotti tirYe44p RON 'JOSS 15706 CUTTTYSARK CORPUS CHRISTI TX 78418 ACCT 0 1772- 0000 -0020 • rstanw.ses6Far, i 5 =:1 ESTR1CTEDTDELIVERY —T aFO F:n:•.'o. RP S NDER ® Y7E o Complete kerns 1, 2, ancomplete Item 4 H Restricted d Is o Mint your nar address on the reverse e so that we can return the card to you. O Attachthis card to the back of the mallpieoe, oral the front H space permits. RON -VOSS 15706 CUTTYSARK 78418 CORPUS CHRISTI TX ACCT 0 1772- 0000 -0020 B. Received by ( Printed Name) RESTRICTED DELIVERY 2. Article Number (Transfer from service label) PS Form 3811, February 2004 i] Agent ❑ Addressee 6) Date of Delivery n 4 deem address diT,erentfrorn item 1? ❑ Yes YES, enter delivery address below' tJ No RP 0. 'ce Type Garbled Mail ❑ Registered ❑ Insured Meg O Even Mail i] Return Raesipt for Merchandise 13 C.O.D. 7006 0610 0006 01252336 W25950240540 Domestic Return Receipt —297— City of Corpus Chnsti Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division November 20, 2008 CERTIFIED # 7006 0810 0006 0125 2299 1772 - 0000 -0020 RE: 1502 TARLTON ST RON VOSS, SR. COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 20, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1-6 of the Code of Ordinances, you may be subject to a maximum penalty of either $500 or $2,000, depending on the type of violation, and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and onlv notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your propertv for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012206 RP Exhibit 8 -298- VIOLATION DETAIL PAGE 1 :ASE NUMBER 08- 00012206 ?ROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE QUANTITY: 1 DESCRIPTION: SEC 23 -69 DATE: 11/20/08 LOCATION: NARRATIVE : Litter and solid waste exist on the property. Failure to correct this violation will result in further action being taken. Any questions contact Martinez M. at 815 -0349. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -299- n \� _§ ) \ k 2 \ G o § • u, p w Ya & 6622290eoR900e. -300- u w � .) D.) -. ) _ 1- O bn f N _ CO > t o'`... turn r z O ? a OEJ �O � H r: 9 w .--I iJ 4 almaligmastsman -301- agrz )tempi 5JNI 1e" SSV13 iS2llj 07J.1JOS3Md l ua� O: e EC 0 = WICC Gn. O It a ▪ C's' Ol Sti — ` I ▪ Z N + 1 3 0 O 0^ 0 (CZ(v I _ WYd 0 0 3 0' = zI -Q 0 0.1 w00 (1 -_ PC rl 0 1 0, O 4-. f- = CO L c' vinyl • • _ 000 &(-e it) ti 0 9C P- 691_▪ 111 �J �q I 1- ?'r .- xE0 r` 1 j E-1 • < H O O W :• 0.1 U1U I M - H N w 0 °EIS -"t- Z >. -1 to OtJ rl U o O co ss >Op.E Oin00 0', ri Z.)4 1? "N ,I f 1 :. Y•ID -302— Itl „ C.; I.- • wain. grown O v City of Corpus Christi November 20, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2282 WIN VIII 1772- 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP I COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 20, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you without further notice nld at your expense. In addition, the City( will file a lien 1for the cos of administrative vet and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1 -6 of the Code of Ordinances, you may be subject to a maximum penalty of either $500 or $2,000, depending on the type of violation, and each day a violation continues constitutes a separate and distinct offense IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien aaainst your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT 1S IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012206 OW —303— VIOLATION DETAIL PAGE 1 CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE QUANTITY: 1 DESCRIPTION: SEC 23 -69 DATE: 11/20/08 LOCATION: NARRATIVE : Litter and solid waste exist on the property. Failure to correct this violation will result in further action being taken. Any questions contact Martinez M. at 815 -0349. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -304- b 111 0 +-0 ti I C C 0 \ 1 .I I -1 .4 iJ 2.' o m o a xZ! u = - PO 7'1 'tm00 o o "F:; 0 'v 1,11 r,•t a 010 = hi F F _ C 6 ztuw i-J IN-t- —" rt 3E0 t- —• i.. '32 kc LF'? 0 w O ffi QLC 440 O: 'C N r1 ri O ti x >C I i; Iti Eo Pei PC I—I 0 04Elo `` C] Ud I '\ is1 >4 i•-•1 CNI E4 f+" r- --C-1 S-1 E. 0 gi GOMIS N RI N N 11 ® N ® enaa ® O O 0 ass 0 assesommisasa O rl 0 misiliallisie ® .L 0 0 r- -305- i- x W qqggi W°'I 4' °1W C 4 61 ,^", -- {- o c, C v � c, 1l: LT r^1 W C w 0 et 111 U ( `-) (J) E1 SSC/131%1H 2 | § 1 w ) GE/ 7; § e o § m n _ VI Z. _- rt \ \ c ^ Z 0 / E § . mm P- t; 0 § ( 0<Q0 ( | aathosauci \3/& & EI �gp ^ \ m=u- \ vt U - ` e2�e } § q§ /S - ) §§ u< = r® CC -306- iii 4- &D } _ • 2 N Ps.--I ;.-1 3§7 k \ 0> tu U\ a §§ 111! ,11; 1,;I, i 11, 1,1 „I I 111;, 11 , II, ,II,,,I1,,,II to � \ H m 7 O mo CD " o 0 1-1 • E O M a4 0 WiH0 04Ho N>41.-IN • HZN HH�1i [AOU.1 0 X vacs = 5 rn 2401:14E1 =c-6U a; OY7o V 14 'v]TI U.a{ >-Z 00 Y E of ad N 2922 5220 9000 0190 900t -307- t • MO C4 t- N O O 0 H H 0 0 M• ZN0 00(0 =a CQ I 6LHHN HEor1 maUTi W� U ft E o 'A HOP.H 06N0 Or4=< m r1 U 04 City of Christi November 20, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2305 1772 -0000 -0020 RON VOSS, SR. 3756 BRATTON CORPUS CHRISTI TX 78413 RE: 1502 TARLTON ST COPPS LT 2 On November 20, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the onto notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1-6 of the Code of Ordinances, you may be subject to a maximum penalty of either $500 or $2,000, depending on the type of violation, and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012206 OT -308- VIOLATION DETAIL PAGE 1 CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE DESCRIPTION: SEC 23 -69 LOCATION: QUANTITY: 1 DATE: 11/20/08 NARRATIVE : Litter and solid waste exist on the property. Failure to ,correct this violation will result in further action being taken. Any questions contact Martinez M. at 815 -0349. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. VIOLATION: TALL WEEDS AND BRUSH QUANTITY: 1 DESCRIPTION: SEC 23 -70 DATE: 11/20/08 LOCATION: NARRATIVE : Highweeds and brush exist on the property. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW WEEDS OR BRUSH 12" OR HIGHER TO GROW ON THE LOT OR PARCEL OF LAND. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY -309- VIOLATION DETAIL PAGE 2 CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST ORDINANCE DESCRIPTION : DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -310- og 03 0 o X I E-IO 0 1-q •%fl • El 0 CO OC CO I E-1 CC r- rn CO 0 CO CO glk , •c4 ZinErt) g lkalr or-ou CO en C.) aC •z .1 Jn,U SOE2 52TO 9000 0T90 900t —311— 0 II 125 2305 0810 000 City of Corpus Chnsti November 21, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division b ft. 9� I CERTIFIED # 7006 0810 0006 0125 2312 1772 - 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP 1 COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 21, 2008, a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code and ordinances of the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. Please correct the violation(s) within thirty (30) days of receipt of this notice. A permit must be obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these defects, by either repairs, reconstruction, alteration, removal, or demolition within the allowed time, will result in further action. If necessary, the City may contract for demolition of the property. Expenses and administrative fees incurred by the City will be assessed on the real estate upon which such expenses were incurred. The City may also file charges in Municipal Court for these violations. If found guilty, you can be assessed a fine of up to $500.00 under Section 13 -29 of the Code of Ordinances. Each day a violation continues constitutes a separate and distinct offense. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012213 NIDBDO1 OW Exhibit 9 NOTICE: The City's Solid Waste Department will not pick up rubbish at vacant lots or vacant houses unless the collection 3 fap ic hn nn 'laid for that address. 'I VIOLATION DETAIL CASE NUMBER 08- 00012213 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: FAIL TO MEET MINIMUM STDS QUANTITY: 1 ANTITY: DESCRIPTION: SEC 13 -25 DATE: 11/20/08 LOCATION: NARRATIVE : Building case was initiated due to building failing to meet minimum standards.Any questions contact Mike Martinez at 815 -0349. PAGE ORDINANCE DESCRIPTION : ALL BUILDINGS OR ESANY HALL BE DEEMED THE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. THE SAMEDARESNOT WHICH HAVE IT ARE NOT WHERE NOT WHERECINADEQUATEEANDTUNSANITARYEPITEPRIVIESBORLSEPTIC TANKS EXIST. 3. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED THROUGH ACCIDENT OR LACK OF REPAIR OR NATURAL CAUSES OR BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, WINDOWSRAND THROUGH FIRE EXTENT THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED THROUGH HE FIRE PRVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY _ CANNOTOBETEXPECTEDTTOYWITHSTAND OF OR WHICH HURRICANE FORCE. 6 BILDINGS HEALTH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING ANIMALSOR INSECTS REASONABLY CALCULATED TO SPREAD DISEASE INCLUDING SUCH TO SAFETY R ORATED MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, ARE UNSAFE, UNSANITARY, UNFIT WFOR H N WHICH HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN RELATION TO THE EXISTING USE CONSTITUTE A HAZARD TO SAFETY OR HEALTH BY REASON OF INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. -313- 1 yb Yr w 09,P Us xa w E ,/ C p CnOinC 2 G —7C h701-3 _ N. G N -^ C �7 w�'3y NO ,. c71 y* -4 79 y� \ \ \\ r: ti N i-1 k4 1•0 • `d r '-ig 0 1a l:IiiM Z ' jl.. — • h b 0 '` 'K(4-4. ;,c • p, c..tLRI - 1c1 - s rii.ri "Vtbil l• " i. a1 1-4 51 oi) 7f • 94t O iii i IS��;I. li ran 1 Cl k0 Vii, - 1i. - .O fI 7. i r i.1 l i 1; 1. lQ HS iu`71� 1 6 W 14 — roli). -- i.‘ i.1 !,1"�k :5 -314- I 01 r`i 113 a- I 11 6 `a J '1 1 y — ci w s W Ca . a ''' - ni y ., m'L1 's �o oo a = O cc au i lily: C! 2 "" 1:3 ^i = CO a .-t 7...11-it :0s.:: q —_ Q O▪ O ri 4'i3L iYa NN if if7 O 0 it! S- S- O S+ fa — x x I EMU t• h/ E O u%..1 e• M1 0 el is tit r- - � n I ri O = +i ?' y: t- —. O (• tJLWy C• L CO I (a- :k i° \.. GL r. N S- E fGn ttt - E-riNW N a _ WU p! i• 7. Y in :. • H l0 ;M .• EOP+E •7 i` tai U a5 OLn0CJ Jd rl Uf2 1t 10 4 0— lo c f:o 4 o, a re y -315- rn o ?a_• 1 z i at SOUTHWEST PHOENIX GROUP 1 °o 15706 CUTTYSARK ° ;CORPUS CHRISTI TX 78418 OW a :ACCT 0 1772- 0000 -0020 0l "" .u'�' -M� 1:': '.p. n i.-XI ,.i.r Friar �i�.,�_G _.._Y ,:,,,z d :iffita rim t _ 1i•: v 4: -s _r • -,_two @©MPLa, C&TION1 o Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ❑ Print your name and address on the reverse so that we can retum the card to you. O Attach this card to the back of the mailpiece, or on the front If space permits. SOUTHWEST PHOENIX GROUP I 15706 CUTTYSARK CORPUS CHRISTI TX 78418 ACCT # 1772 - 0000 -0020 OW Dare of Delivery D. Is delivery admen different from Ran 1? 0 Yes YES. enter delivery address helm. 0 No 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Type Certified Mail 0 Registered in Insured Mall O Expres Mail ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Feat 7006 0810 0006 0125-- 102595.024A -1540 Domestic Return Receipt 0 Yes -316- E' l City of Corpus Christi usMIBwMENr Po sox 9277 Corpus axial .78469 -9'm Phone 361-880-3360 Fax 361 - 8863239 Mwiidpat Coot Proarnsv'e Office 120 N. amperes On= assign Taxes 78401 Phase 361 -886-2530 Fax 361-886 -2567 JuvmMe Conn Prmeador'a Office 226BSepiaePkwy Suite 103 CoqiusChristi Texas 78405 Pdoue361- 826.4014 Fax 361.8264309 Police Legal Advisor 321 Ids Sartain Carpal Christi llxaa78401 Phone 361-886-2608 Fax 361-886-2634 .l December 26, 2008 Mr. Kenneth M. Culbreth, Jr. Jordan, Ryden, Womble, Culbreth & Holzer, P.C. 500. North Shoreline, Suite 900 Corpus Christi, Texas 78471 Via First Class mail Via fax (361) 888 -9149 Via email: kcuibreth@ jhwdaw.com Re: 1502 Tarlton Street – request decision/commencement Dear Ken: This letter is being sent in response to your communication, received by phone message on Tuesday, December 9, 2008; regarding the status of your client's progress towards resolution regarding the above - referenced struc- ture. As all parties areaware, the subject structure was previously found, and still remains, in a substandard conditioncommunication, further remedial a status update action by your client. Following receipt your you provided was relayed to stab. However, since the date of your message, no further status updates have been provided by you nor does it appear that your di has to ay measures toward commencing any struc- tural interior taken abatement deliberate the property. To recap your message, your client had obtained two bids: one bid, for ap- proximately $45,000,. which included full demolition of the west wing, removal of demolition debris, and clearance of the accumulations of solid waste and litter from the interior of the structure, ands second bid, for approximately $20,000, which included demolition of the portion of the structure with the caved -in roof,,demdition of several interior walls, re-roofing of a selected por- tion of the structure, removal Of dernolltion =debris, and clearance of all solid waste and litter from the interior of the structure. As part of the phone mes- sage, you also indicated that your dent had installed fencing at the two ac- cess drives, installed no trespassing' signage, and was going to obtain a `few more' bids before making a decision and commencing remediation work. As of the date of this letter, however, no additional progress — beyond ob- taining the two bids — appears to have been made by your client to abate the substandard condition of the structure. With the exception of keeping the grass and weeds on the property within acceptable limits, no other work appears to have been completed at the premises. If, however, you have additional information regarding your client's progress on the required struc- tural and interior abatement work, please provide such information at your earliest convenience. ExhitlllT K. Cuibreth - Tarlton property December 26, 2008 Page 2 of 2 Please be advised that a decision, regarding your client's selection on a course of action for abatement of the substandard structural and interior con- ditions must be communicated to the City no later than January 18, 2009. A firm commencement date must also be included in the communication. Additionally, please Instruct your client to review his abatement plans and obtain any and all necessary permits from the City's Development Services Department, located at 2406 Leopard Street, prior to commencing any abatement work on the property. Please know that continued property maintenance by your client, to keep the property free of high grass and weeds as well as li� concems, and solid phase, is sincerely appreciated. Should you have any questions contest me. Hook forward to receiving your timely response. Sincerely, fit, El II: • - 1 R. Hundley Assistant City Attomey cc: 'Angel R. Escobar, City Manager Margie :Rose; Aunt City.Manager Andy Cardiel, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quinn, Zoning and Code Enforcement Administrator, NSD -318- JORDAN, HYDEN, WOMBLE, CULBRETH & HOLZER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 600 NORTH SHORELINE, SUITE 900 CORPUS CHRISTI, TEXAS 75471 KENNETH M. CULBRETH, JR. January 15, 2009 Ms. Elizabeth Hundley Assistant City Attorney City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: 1502 Tarlton, Corpus Christi, Texas (Vacant Building) TELEPHONE (361) 1614476 TELECOPIER (351) 5554145 !mall: keulbrethelhwelaw.eom Via Telecopier No. (361) 826 -3239 nod Via Email Dear Elizabeth: I am in receipt of your letter dated December 26, 2008 requesting a decision by January 15, 2009 from Mr. Voss regarding (1) a course of' action for abatement of the west wing of the vacant building and (ii) a commencement date for abatement. As requested by the City and communicated to you on December 9, 2008, Mr. Voss has obtained two Proposals regarding demolition of the west wing of the vacant building — one for $45,000 — demolition and removal of entire west wing (attached as Exhibit "1 ") and one for $20,000 — demolition and removal of west wing, excluding slab and exterior walls (attached as Exhibit "2 "). However, Mr. Voss is not in a position to select or commence either of the above Proposals. Mr. Voss has (1) secured the building from unauthorized entrance by properly boarding up all exterior openings, interior courtyard openings, openings on the roof where the air conditioning ventilation was exposed, and has removed all trees and elements which would allow unauthorized persons to climb to the roof (even though this roof repair requirement is not warranted by the Municipal Code as one should not have to enclose a roof which is beyond the reach of normal entry); (2) posted the required signage for trespassing (Compliance with Duty to Secure Vacant Building (Section 13- 3008) (3) installed a chain link fence at the back of the building "to prevent any further illegal dumping" and unauthorized vehicles (Compliance with Installing Fence (Section 13- 3011); and (4) continued to keep the property maintained, free of high grass, weeds, litter and solid waste (Compliance with Sections 23-69 and 23 -70). Additionally, Mr. Voss has been actively attempting to donate the property to the neighboring church (Primera Iglesia Bautista) and has been in contact and discussions with Mr. A. C. Rodriguez, on behalf of the church. Further, the traitor (Matt Davey) has an appointment to show the property to an investor from San Antonio next week. Finally, Mr. Voss has recently made contact with the Estate of Jim Snyder (the co -owner of the property) notifying the Estate of the City's requests and is waiting on a response from the Estate as to its willingness to participate. -319 - Exhibit 11 Ms. Elizabeth Hundley Assistant City Attorney City of Corpus Christi January 15, 2009 Page 2 of 2 I hope the foregoing will suffice as a timely and sufficient status update regarding the property. Please contact me with any questions. KMC/js Attachments c: Client Kenneth M. Culbreth, Jr. -320- Dec 08 2008 11:27RM VOSS ENGINEERING 3618534686 P•5 FROM :BRA FAX ND. :3617908498 Dee. 04 2009 07:421:14 P2 Joey Wright Demolition PROPOSAL If Ws gotta ge. call Joe! PO Box 2280 Oslo: 12#412008 Fulton. Tx., MD Phan (361)46864 Proposal 1502 Tarlton - Hospital Cost snot Moss Enamoring Inc. 3755 Mika Rd. Corpus Christi, Tx. 78413 EIEWMPTnON NOSAB D FROM AI WING Of . LANEXTERIOR LS 7500 SQ. F ) VOW NOT INCIAD5 ASBESTOS MAW' MOOR RESPONSIBLE FORDa►0.SA1.Or ANY HAZARDOUS MATERIAL PRIOR TO DEMOLTIION AnBaTOSWantY REQUIRED ON AU. ComMeRCIAL FROrtIRTY Opp RBSPO *ISi E POESECURING FACILITY AFTER DEMO11nON JOEY RrllEifT OTiMO1.TTION ASSURES COMPLETE AURIWRI Y OVBR7OBII MDIRlRINODBMOT.IIIOPI AMOUNT S45,000 MUM: W UPON COMPIZ1TO11 ACCEPTANCE: WS MaragatING MC. DA7x JOEY WflGRT DBDtO11T'hDTf DATE -321- Dec 08 2008 11:27RM VOSS ENGINEERING FROM :FIFA 3818534696 P.6 FAX N1 :3617983498 Dee. 84 2808 87:43PM P3 Joey Wright Demolition ROPOSAI if 4L's gotta go. caa Joel Po Box MO Fulton, Tc. 76356 Plana (361)463854 Coloass Vsssecar4.raq ina Cow Christ Tx. T8413 DESCRIPTION DE*: 12(4 Proposal +k For: 1502 Talton - Hospital DEMOLISHANO mamma ELAN ANDIDfrn=IrAL1b o SQ. FYIl > NORHI WALL WILL 581MMOVEDPORAOCESS DOESNQTMQ.UDB ASBESTOS ADAMANT OWNER smoN81BLE POR DISPOSAL OF ANY iss2411001.15144,811141.1310310162401,00N SURVEY MIQUIRED ON ALL C0aamR1aAL PROPERTY Dana* RESPONSIBLE FOR SECURING AOLW AFTER DEa4OUTION 1OBY WM0/R DEMOLITION ASSUMES COMSTJ1TE AULTIORI rY MEWS= TRAIR1NOTEMOISTION =Et ACCBPTANCIG wosurratarasurs o4C, nATs JOIDIDUGOTDREDUITOSI DATE -322- AMOUNT num s� e ::ity of :orpus Christi MEBE IORHOO SERVICES DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 - 826 -3010 Fax 361- 826 -3011 www.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361- 826 -3010 Model Block Program Phone 361-826-1760 January 19, 2009 CERTIFIED LETTER # 7004 -1350- 0000 - 4810 -0780 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 11/21/2008. As required by State Law, a public hearing will be held upon this matter. The 'hearing will be before the Building Standards Board and is scheduled for 1:00 P.M., Thursday, January 29, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826 -3030. Sincerely, Neighborhood Initiative Program (NJ.P.) Phone 361-826-3234 NEIGHBORHOOD SERVICES Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 08 -12213 se a a.YSPA, Exhib9r? 2 9 „ •C.0 1 • ; ALSAlla aMi3O LLSRU ir Pi a 4. a it r2ifi , • \ , 1 ea rn 0 -1 c-1 1= i -- -,, Cl tA • -- -! ?a n ea ' .../ aii 13.6 '11 : fi Si l'/ ......— .1 :::..,:: il .c. am. :, :.0. t-qi- — 1a • . 711111 V‘.. (-4-h_l i- ..... ., c.1 74 :41 - 7 1'4 4 pr '41 i; H"ii■ : ck; _fi .i., b.) 0 4 "Ill ni tag DI 0 r9 ij, 0., 0 & \c k o▪ i M CO 0 0 -a s Ili O a & o O 0 1,. —324— 4810 0780 ,r,; gi! l .Meligi MVO a O, j n Ca tP • WW1 kb 1999! "Tot041.d`.:..:' Po:,l:\9n 0 connad Pad 0 I , r ! _ (Endnrzcmenl Pcg' i4. : p t P! Qliowd Gu4vory F:n (Sndooamrnl Requited) rn — a 0 0 r RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 08 -12213 a Complete items 1, 2, and 3. Also item 4 if Restricted Delivery is'�' a Print your name and address obi L so that we can Tatum the card I9 a Attach thls card to the beck of or on the front if space pens. 1. Article Addressed to: RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 08 -12213 2. Article Numb (Ransfer Iron PS Form 3811, February 2004 D. Is delvery address dilferent from Sam 11 0 Yes If YES, enter delivery address below. 0 No S: ,ic3 Type s Mall Cerfiiistl Mali 0 Express '` 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.C.D. 0 Resuicted Deliveryt (Sera Fee) 0x_ es 7004 1350 000 4618 0790 ppnlestk Return Receipt -325- 102595-02-M-1640 - SIN Sir SIN Mr SSE :ity of :ogpus Christi DEMEMORMICS DEPARTMENT January 19, 2009 CERTIFIED LETTER # 7004 -1350- 0000 - 4810 -0506 RON VOSS RE: 1502 TARLTON ST 3756 BRATTON ADD'N: COPPS CORPUS CHRISTI TEXAS 78413 LOT: 2 BLOCK: A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 11/21/2008. As required by State Law, a public hearing will be held upon this matter. PO Box 9277 The hearing will be before the Building Standards Board and is scheduled for Corpus Christi 1:00 P.M., Thursday, January 29, 2009 in the Council Chambers, Texas 78469 -9277 1201 Leopard St. Phone 361 - 826 -3010 Fax 361 - 826 -3011 The Board can order you to repair or demolish the building(s) and authorize the www.cctexas.com City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. Code Enforcement Phone 361-826-3030 You may appear, and in fact are recommended to appear, before the Board at this Housing Programs hearing and show justification this remedy should not be granted. Phone 361 -826 -3010 Model Block Program If you have any questions regarding this matter, please contact Teena Houston at Phone 361-826-1760 (361) 826 -3030. "hborhood Initiative Sincerely, Program (NIP.) Phone 361-826-3234 NEIGHBORHOOD SERVICES Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 08 -12213 —326— 9050 OT9h 0000 05ET hOOL City of Corpus Christi rti611LL IMMUNE PO Box 9277 caws Onisti limas 78469 -9277 Phone 361-880-3360 Fax 361- 880 -3239 afaayapal Cant Prosecutor's Office 120 N. Qrprmt Carpus Clriwi ¶bras 78403 Phone 361-886-2530 Fax 361- 886 -2567 Juvenile Caul Pros Office 226 BNe.prhe Pkwy Sake 103 Corpus Oiled Thous 78405 Phase 3614264014 Fax 361-826-4309 Police Legal Advisor 321 John stain Corps Chilli Thum 78401 Phone 361486-2608 Fax 361 -886 -2634 aww.alasssao January 26, 2009 Mr. Kenneth M. Culbreth, Jr. Jordan, Hyden, Womble, Culbreth & Holzer, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 Re: 1502 Tarlton Street - updated status Dear Ken: Via fax (361) 888 -9149 Via email: kculbreth@ jhwclaw.com This letter Is being sent in response to the re- inspection of the above - referenced property.. Staff from the Neighborhood Services Department ano the Fire Department conducted a re- inspection on Thursday, January 22, 2009, to determine what progress your chant had made in abating the con- ditions previously documented at the premises. Please know that your client's cooperation in permitting a consent inspection to be performed was appreciated. Unfortunately, however, the inspection revealed that the structure remains in a substandard, unsecured, and dangerous condition, necessitating further action by the City. In addition to new visible points of entry accessible to vagrants and children, it appears from the inspection results that your client has not taken any addi- tional measures to efminate the substantial accumulations of combustible materials and debris from the interior of the structure. Additionally, there was ample new evidence o& further vandalism and gang graffiti throughout the interior and exterior of the structure. As the caved -in roof of the west wing presently remains in an open, acoessthle, and deteriorating state, further action is warranted in orderto preserve the safety and protect the welfare of the neighbortiood and community. In IigM of the foregoing, this letter serves as notice that the City intends to take immediate action to abate the conditions created by the damaged roof, including an emergency demolition of the west wing of the structure. Fol- lowing the demolition, an invoice for the abatement work will be sent to your client. Failure by your client to remit the amount due for demolition costs will result in a lien being placed against the property. Please be aware that your client remains responsible for the continued maintenance of this property, including the removal of combustible materials and debris from other portions of this structure, as well as keeping the property free of high grass, weeds, litter, and solid waste. -328- K. Culbreth — Tarlton property January 26, 2009 Page 2 of 2 Your attention to this matter is appreciated. Should you have any questions, please contact me. Sincerely, i/ ,iii Elf - 4 ;1 R. Hundley Assistant City Attorney cc: 'Angel R. Escobar, City Manager Margie Rose, Assistant City Manager Andy Cardiel, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quiroz, Zoning and Code Enforcement Administrator, NSD -329- BUILDING STANDARDS BOARD HEARING PACKET DEPARTMENT OF NEIGHBORHOOD SERVICES CODE ENFORCEMENT DIVISION bad Ar- Mme1leoCi41 '1111' Thursday, January 29, 2009 1:00 p.m. City Council Chambers, City Hall Exhi} ?94 1502 Tarlton St . Coannteati ® 1 Jarauaar Y 26, 2O© Staff is initiating Emergemcy Dexn�oliti _for Meat Wing] of structure. Sta will Table remaining structure to be presented at the ; rarch 26, 2009 Building Standards Board hearing. TICE Letter of substandard conditions by certified mail: March 6, 2008 Certified letter of hearing and staff recommendations: January 19, 2009 Notice of hearing published: January 21 -22, 2009 -331- 11. 1502 Tarlton St commercial (Copps, Lot 2) STAFF RECOMMENDATION: APPEARING IN FAVOR: APPEARING IN OPPOSITION: 0 Motion: A motion was made by Jesus Jimenez, seconded by Lisa Huerta to accept staff recommendation to table this case to the next March 26, 2009 regular hearing. A roll call vote was taken and the motion passed unanimously. To table East wing to be presented to the regular meeting of March 26, 2009 0 —332— � r J Histpry I::rna Ge: Illio.m ?atirrii Pi ps:1y I!) Sran:n Ainress Sarah e'Ciwrnea:i SaP .,r Property 0.::C@ e Oetal: Sheet Daas ✓i''I8i Tax'nq UI11U e Neighborhoods e Ads:raa:s c , :bdvisions e Asa-sisal Rev, Eoafd • A.pprak_ai Rev:_. Board • EMaii J. State Conplid^'.° Noe Forbez Acenla Drectiond Tax C o: :1 :lit I 15 %.....rru r. Nic its 3 He.1 „arrsc., I Pit.:,:. 4 11 ;0:a0,;r,;s Data 0 Owner Information Owner ID: Owner Name: Owner Address: Property Address: Nueces County Appraisal District on this Web site represents Certified 2008 Values Click HISTORY Link For Value Pr^;)ariy Detail S!»).:1:22114711 I Dt3asheg Plat Map GIS Map u Parcel Information Legal Description: Acreage: Cross Reference: Undivided Interest: EXemDtiOn Codes: Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Page 1 of 2 st 00038223 SOUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK CORPUS CHRISTI,TX 78418 1502 TARLTON ST @ FIG ST Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Assessed: ifr Type COPPS LT 2 1772 -0000 -0020 100% CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr CoII) REM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trst Deed 2006046520/STD U -65 $0 + $165,000 + $o + $50,000 + $0 $0 + $0 $0 + $215,000 it SPT3 Improvements Imp1 C (Commercial) F1 (F1 - Commercial Real Propert)6 ID Type Land1 Land ;P rB CL (Commercial Land) F1 (F1 - Commercial Real Property -334- $ 50,000 $ 165,000 ._ - __.....,a r.. 3,icau ndf documents. Nueces County Tax Office Page 1 of 1 Tax Assessor - Collector Property Tax Balance Begin a New Search Go to Your Portfolio Pay Taxes by Check Pay Taxes by Credit Card Request an Address Correction Unless otherwise noted, all data refers to tax information for 2008. All amounts due include penalty, interest, and attorney fees when applicable. Account Number: 177200000020 Address: SOUTHWEST PHOENIX GROUP INC AND RON 15706 CUTTYSARK CORPUS CHRISTI, TX 78418 -0000 Property Site Address: 1502 TARLTON ST © Legal Description: COPPS LT 2 Current Tax Levy: $5,336.60 Current Amount Due: $5,336.60 Prior Year Amount Due: $199,727.46 Total Amount Due: $205,064.06 Last Payment Amount for Current year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Market Value: $215,000 Land Value: $165,000 Improvement Value: $50,000 Capped Value: $0 Agricultural Value: $0 Exemptions: None Taxes Due Detail by Year and Jurisdiction Last Payment Date for Current Year Taxes: Not Received Click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. !' 1 1' lt': 11 Ij I 11 i i',nlli Candle; lax 1)111 I -�( +s U -i \i• Locations ..I, . 9I! ; .n FAQ I- a.ul_I1 in Ido /ii iIr,bc Ov I ra \I2 IIutI,Il Online NOLO:. \ :I F.1, P,. PI ier:e° Comity AI n )i 3I District lid i County Tns t pp!a! --I! flit l) w- Cutintv T +x P opaIty fax Init. an I f lv I rail , rl Si)!:?. ,.I'11p; dLi,,.:P. ©2004 Appraisal & Collection Technologies. All rights reservt —335— 0 Utility Service Location Customer History Inquiry - CITY OF CORPUS CHRISTI a WWW- b+. C SEC 10: Location Customer History Inquiry • J oN Y ES Cana Lecatien ID: 2444 1502 TARLTON ST cc 309301 JANtSON, ROBERT EARL 2561 NO NAME NNGai120310/15/93 -337- ati City of Christi ruse uuErllsrhsrn PO Box 9277 Corpus Midi !bus 784619277 Phone 361 - 8803360 Fax 361480-3239 Mrmiei/rd Court Pmaeaser'r Office 120 N. Mama' Onus anti lbxas78401 Phnoe 361 - 866 -2530 Fax 361-886 -2567 Jus®dle Carr P'measvr'sOWce 226 Bierprise Pkwy Sable 103 Corpus Odin 'Dan 78405 Plwxe361426.4014 Fax 361 - 8264309 Police Legal Advisor 321 John saner„ Cairo Mini "bus 78401 Flame 361- 886r2603 Fax 361 - 8862634 www.octexae.rnm February 2, 2009 Via Certified Mail 97005 3110 0003 0467 7893 Via Facsirnde: (361) 888 -9149 Via. Ernst kcdbretl@jhwclaw.com Mr. Kenneth M. Cubreth, Jr. Jordan, Hyden, Womble, Culbreth & Holzer, P.C. 500 North Shorefne, Suite 900 Corpus Christi, Texas 78471 Re: 1502 Tarlton Street - response to letter (dated 1/27/09) Dear Ken: ti Jmru 27;2009, regarding the above-referenced property. a Due to the fact that tappears yourcdent tms misconstrued and possibly misunderstood the previous communications with the City, the purpose of this response is to unequivocally set out the City's intended actions. In the City's letter of December 25, 2008, your ciient.was required, not later than January 15, 2009, to provide two things: (1) select and decide on a course of action, beinp.either repair or demolition, in order to summarily abate the depbrabie and substandard structural and interior conditions at the property and (2) include a timh commencement date in the response. Your client's response was wholly lacking in either of the requirements. Even if yourdlent was not 9n a position to selector commence' demolition, it was certainly expected that your dent would have selected and commenced repairs. However, it is entirely ale and, indeed, criminal for your client to have chosen no action at all. While Ms. Haag, as the Director of the Neighborhood Services Department, was previously wiping to work with your client as late as January. 21st, con- cerning a proposal to 'table' the substandard building case at the scheduled January hearing of the City's Building Standards Board, any agreernent—tacit or otherwise --was certainly contingent on your client's continued monitoring, maintenance, and progress toward a resolution of this nuisance property. Upon conclusion of the site inspection held the very next day, it was apparent that your client had again: • allowed unauthorized entry into the structure by redckissly fading to secure the caved -in roof of the west wing or post a security guard -338- K. Culbreth (Tarlton property) February 2, 2009 Page 2 of 3 • allowed unauthorized entry into the structure by recklessly failing to secure the east wing or post a security guard • failed to remove any of the substantial accumulations of debris and combustible materials from the interior of the structure • failed to maintain the exterior of the :property by recklessly failing to prevent or eliminate the growth of high weeds and grass • failed to maintain the exterior of the property by recklessly failing to prevent or eliminate the accumulation of solid waste, debris, and litter • . failed to maintain the exterior of the structure's rooftop, evidenced by the displays of new graffiti, by recklessly failing to post a guard or to take other measures to prevent or eliminate access to the rooftop For your client to dubiously believe that any statements made by Ms. Haag (Le., to "continue to work" with horn or to 'table' the substandard building case until your client was available), somehow, served to excuse required abate- ment work or extend compliance deader is, simply, incredulous. In addition to being erroneous, at no point in time has any City staff member, attempting to work cooperatively with your orient, led your client to believe that anything less than full compliance would be acceptable. City staff members from the Fire Marshall's Office and Neighborhood Ser- vices Department are in agreement that the kirrnediacy of the continued and flagrant entry into the structure by unknown persons•poses a significant harm to the neighborhood and community. Your client appears oblivious to the fact that, In addition to the families that reside in the surrounding neighborhood, there isa large elementary school, a senior center, and a church In close proximity to this property. In light of these matters, irj order to protect and preserve the safety and well being of the general pubic and community, the City will not permit such dangerous conditions to persist. Please know the City intends to seek an emergency demolition of the west wing, as your client was previously informed, and is actively seeking the ser- vices of a contractor to accomplish this task. As for the required repairs of the east wing, please know that this matter is expected to be slated for a hearing before the City's Building Standards Board In March, 2009, or earlier. A hearing notice will be mailed to the property owners at the mailing addresses noted in the Nueces County Tax Appraisal District records, as required by law, with a copy mailed to your office. -339- K. Culbreth (Tarlton property) February 2, 2009 Page 3of3 Abatement of all other conditions presently existing at the property (e.g., high weeds, graffiti, etc.) and as noted in this letter remains your client's respon- sblity to remedy unti such tone as the properly is sold, donated, or fore- closed against for the nonpayment t of property taxes. Failure by your client to abate all remainingnuisancesondifions will result in further legal action being taken by the City against your client, including the filing of additional c riminslcharges. :Please know:thateach day a violation continues constitutes a separate andxlisdnct criminal offense. THE CITY OF CORPUS /CHRISTI R. Hundiey Assistant City Attorney cc: 'Angel R. Escobar, City Manager MargieRcse, Assistant City Manager Mary Kay Fischer, City Attorney RichantHooks, Fire Chief Andy Cards!, a Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Ouiroz, Zoning and Code Enforcement Administrator, NSD Via .Cerfified Ma$#7005 31100003 0407 4557 Restricted Delivery Mr.iames. Snyder, Registered Agent SouthwastfP.hoenix,Group, Inc, 15708 Cuttysark Street Calms ChJlltii, TX 78418 Via First Class.MalI Mr. Jeffrey T. Snyder, former Registered Agent Southwest Phoenix Group, Inc. 422 Manning Street Corpus Glided, TX 78410 Via First Class Mail Mr. Jeffrey T. Snyder, former Registered Agent Sout rawest Phoenix Group, Inc. 15925 So. Padre Island Drive (former registered office) Corpus Christi, TX 78418 -340- Message Conflation Report FF8-02 -2009 05:27 PM ION Fax Number : 3618263239 Nacre : CITY OF CC LEGAL Nave /Number 98889149 Page s 4 Start Titre 1 F1R1 -02 -2009 05:27PM MON Elapsed Time 00'42" Mode STD ECM Results (ax) CITY ATTORNEY'S OFFICE P. 0 lax 9277 Carpus Chet Taos 76469 -9277 lelepban . (Slit )1126-3660 _M• FeesIn : (341)626 -3239 Cityo ( 61iSTi DATE February 2,2009 CONEOENIIAL 1NFORMANON iaEaoCI6INRACCOMMNYrmm NMLYBConOAIRIgpaN co e#mCONnat't IIROMWONMNCM MAY AUG II IMAM' /RYIasa WEDWOMWltNR WONDER ONLY YOelaeoemes4 ewermagosaaw. EYOURAYERE MO ThIR TRUICOPY ERROR NRAIE WIIDM1SYNORIYOi INiD1101EATpig 1121-31140 AND Oocst MOWOVAMM As AN a/IEEO at YOU Afl ROW NORM 7RAT AM'DRdOMat COIVR10.'.OWMADR ORINETAads OFAIIIACIIOUIN MRAMCE OIITNE COMMIE OrTIEIMECOIND INFORMATION N EIRKIEYMONM® EYIAIY. TO: Mr. Ken Culbreth FACSIMILE HUMMER: (361) 888 -9149 FROM Bmobeth R. Handley Assistant ay AttomeY re: Tate Property - response to fetter of 1/27/09 ORIGINAL MIL NOT FOLLOW ORIGINAL WW. ?WOW VIA: X Certified Mall Overnight Delivery Courier or nand Delivery _ Other: First Class Mali NOTES: See attached letter. The letter has also been sent by email. R you did not receive the small, please let me know. Thongs. E9zabeth We are sending you t pages. Including this cover sheet. If you do not reaeWO MO entire document or if you encounter other dfkullies. please cad (3611 8264340 and speak with Ms. Olga De La Cruz. R Ms. De La Quo b unavailable. please speak with another legal assistant. -341- CITY ATTORNEY'S OFFICE P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Telephone: (361) 826 -3360 Facsimile: (361) 826 -3239 City of Corpus Christi DATE: February 2, 2009 PIN CONFIDENTIAL INFORMATION THE DOCUMENTS ACCOMPANYING THIS TELECOPY TRANSMISSION CONTAIN CONFIDENTIAL INFORMATION WINCH MAY M SO BE LEGALLY PMVREGEA THE INFORMATION IS INTENDED ONLY FORME USE OF THE =IMO NAMED BELOW. IF YOU HAVE PLEASE IMMEDIATELY NOTIFY US BY TEUPHONEAT (361) 826 -3360 AND DESTROY THERRECCEIVED ERROR, DOCUMENTS. FURTHERMORE. AS AN UNINTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE COPYING. DISTRIBUTION OR THE TARING OF ANY ACTION 114 RELIANCE ON THE CONTENTS OF THE TELECOM INFORMATION IS STRICTLY PROHIBITED BY LAW. TO: Mr. Ken Culbreth FACSIMILE NUMBER: (361) 888 -9149 FROM: Elizabeth R. Hundley Assistant City Attorney RE: Talton Property - response to letter of 1/27/09 ORIGINAL WILL NOT FOLLOW XX ORIGINAL WILL FOLLOW VIA: X Certified Mail Ovemight Delivery Courier or Hand Delivery Other First Class Mail NOTES: See attached letter. The letter has also been sent by email. If you did not receive the email, please let me know. Thanks, Elizabeth We are sending you 4 pages, including this cover sheet. If you do not receive the entire document or if you encounter other difficulties, please call (361) 826 -3360 and speak with Ms. Olga De La Cruz. if Ms. De La Cruz is unavailable, please speak with another legal assistant. -342- s :ity of orpus Thristi MEIGNIMINO DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 426 -3010 Fax 361 - 826 -3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361. 826 -1760 Neighborhood Initiative Program (MLR) Phone 361.826 -3234 February 11, 2009 CERTIFIED LETTER# 7004- 1350- 0000 - 4810 -1299 RE: 1502 TARLTON ST ADD'N: COPPS Lot: 2 Block: RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 The Building Standards Board met at 1.00 a m Thursday. January 29, 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed Please contact the Code Enforcement Officer if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Attachment: Board Order Cc: 08 -12213 Si cerely, t Teena Houston Building Standards Board Liaison Neighborhood Services Department ExIIIAR 16 LW raia katW City of Corpus Christi FINAL ORDER OFT HE BUILDING STANDARDS OARD Attn: RON VOS R®: 1562 TARLTON ST 16706 CUTTYSARK sT LOT: 2 BLOCK: CORPUS CHRISTI TEXAS 78418 ADD'N:DOPPS This final order is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Nuevo County!, Texas ( "City "), In accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an Inspection for substandard conditions was made of the bullding(s) or structure(,) located within the City, at the following address: 1502 TARLTON ST (COMMERCIAL) TABLED UNTIL '. ARCH 26.2X4 !HEARING Following a public hearing held before the Board on JANUARY e:3, 2009 ( "hearing date"), the building(,) or structure(,) were found to be substandard and, as owner of the premises on which the buliding(s) or structure(s) are located, you are hereby ordered to: ❑ Obtain any and all required permits within da ys from the date of this letter. ❑ If repairs are started to the building(s) or structure(,), in compliance in Sec. 13.26(9 of the Code, an additional days be allowed to complete the repairs from the date of this latter. ❑— Vacate the building(,) or structure(s) within days from the date of this letter and until the building or structure is In compliance with all minimum standards of the Code, or the building or structure is demolished and removed. ❑ Demolish the building(s) or structure(,) and remove the debris within days from the date of this letter. Renee: Carter For Jesus Jimenez For Frank Hastings Absent Ted Stephens For Lisa liuerta For Robert White For Ordered this 11th day of February, 2009. nder authority of the ®. d: V . onn 1lliorales Haag, Director orhood Services Department -344- cr.\ ciflfU W Q ke..1 "71WQ : CI C) t-n r fa) -345- 1350 0000 4810 1299 0 0 r- siFineffFlaitif:FmutralE:4,42,617n-,1111\:;:ilegin,,,,*:11110; It:Po pro. wigs; r,14' Ohitheipbirdirmet aif.yls floudiiialtehttMeklablis:We Post;i9u Catiliqd Fen Scium 19c9IIP Fciy lEndorttri Fiuslucio, (Enflosem 3 TED I ' an? RON VOSS 15906 CUTTYSAP.K ST CORPUS CHRISTI TEXAS 78418 08-12213 of POE OE St Egir:7‘2.7.27,__,...:11::::77..__SD4oH7tWatoirafial kt.-::::2I,,9A32i5311y:/:■99 kg 9 le / PI 79 19 C ER CO IP ' .-I si,s-EgoN o Complete Items 1, 2, and 3. Also Item 411 Restricted Delivery Is CI Print your name and address on the. - 0 Attach this card tO the bac • ir -..— so that we can return the ; • the or on the front 11 space pemets. 1. Anicie Addressed to: 0 Agent ---- 0 Addressee C. sr---relivery RON VOSS 15706 CUTTYSARX ST CORPUS CHRISTI TEXAS 78418 08-12213 2. MK Mat PS Forrn 3811, February 2004 11 Received by ( Ponied Name) 0.18 delivery address clifferent from item 1? 0 Yes if YES, enter delivery address below: 0 No Fre—hee -Ad Cseiried Registered Insured Mall 0 Express Mali 0 Return Receipt for Merchandise 0 C.O.D. _ eigces fisted WWI? (Extra Fe 7004 1350 0000 4810 1299 Domestic Return Receipt —346— 10259302-M-1540 sue' City of Corpus Christi itErrscaa OcD SERVICES DEPRRIPMERIT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3010 Fax 361 - 826 -3011 Nvww.cctexas.com Code Enforcement Phone 361- 826 -3030 Housing Programs Phone 361 - 826 -3010 Model Block Program Phone 361- 826 -1760 Neighborhood Initiative Program (N.I.P) Phone 361- 826 -3234 March 14, 2009 CERTIFIED LETTER # 7004- 1350 - 0000 - 4810 -1428 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 11/21/2008. As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1.00 P.M. Thursday March 26, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed and if nott paid would result in a City does the lien being filed against this property harged You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826 -3030. Sincerely, NEIGHBORHOOD SERVICES Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 08 -12213 Exhi34 i7 -348- Z. 0 0 Ukb fU 0 m 0 0 0 kn R1 h`P•s 31 — F &�)q't dtr.2ll finial?* 0111tJ81f- ..�betlk +4l.ILti`phT Fosla4o C ?�ldird Foa aa14FE�9i i"9r'l (incl.)! : au;lr , St ®14 VOSS a to: 15906 CD BARX ST 78418 o CORPUS 2 TI TEXAS RE: T TOIN 8T N Lc`P 08-12213 CTED0 c:d.. r �-filtsrSEPTIOru�r.` ii'f3rdT..iti�i`�.`� o Complete items 1, 2, and 3. Also Item 4 If Restricted Delivery is O Print your name end address on the o that we can return the card to you. o Attach this card to the back of the ma or on the front 11 space permits. 1. Article Addressed to: RON VOSS 15706 CUTTYSARR ST CORPUS CHRISTI TEXAS 78415 RE: 1502 TARLTON ST 08 -12213 Nu 0 Agent -Aa. O Addresses _pad t ffrrirdedNurno) G)Dele of D.:liv¢ry D. Is deivsryaddress &trent from item 1? 0 Yes If YES, enter delivery address below. 0 No Type .� Certiiird Mail E>�SS MA 0 Registered 0 Return Receipt for Merchandise Iretred Mau • RESTRICTED DELIVEI IUp_iw�7naey�itrfnrri I reryin 7004 1350 0000 2. Arum. u......_. (fr 4810_ Ps Form 3811,Februsry 2004 `.' Domestic Return Receipt 102595-02-M -1540 -349- BUILDING STANDARDS BOARD HEARING PACKET DEPARTMENT OF NEIGHBORHOOD SERVICES CODE ENFORCEMENT DIVISION tirtirill '1111.' Thursday, March 26, 2009 1 :00 p.m. City Council Chambers, City Hall -350- C/E firmer: Andy Mantes March 17, 2009 ichelle Zuunig& 15 2 Tarlt n St. (commercial) Stagf ree®flliffiaffil l lti®ffils: West Wing-Demolition ltion (55 %) Under the provisions of Section 13 -26 (0) (1) (c) of the City Housing Code and due to the substandard and dilapidated condition of the structure(s), a hazard to the health, safety and welfare of the public is henceforth declared. Therefore the owner be required to demolish the structure(s) within thirty (30) days.. If demolition is not started and completed as required, then the City be authorized to demolish. tat! recommendations: Repair-Main bldg (43 %) Under the provisions of Section 13 -26 (0 (1) (a) of the City Housing Code and due to the substandard and dilapidated condition of the structure(s), a hazard to the health, safety and welfare of the public is henceforth declared. Therefore the owner be required to obtain proper permits and start repairs to the structure(s) within thirty (30) days. If repairs are started, an additional ninety (90) days be allowed to complete repairs to City Code Standards. If repairs are not started and completed as required, then the City be authorized to demolish. NOTICE Letter of substandard conditions by certified mail: November 21, 2008 (unclaimed) Certified letter of hearing and staff recommendations: March 14, 2009 Notice of hearing published: March 14 -15, 2009 -351- 8. 1502 Tarlton St. (West Wing) commercial (Copps, Lot 2) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: APPEARING IN OPPOSITION: 0 Ronald Voss Ken Culbreth Motion: A motion was made by Ted Stephens, seconded by Gregory Perkes to accept and amend staff recommendations a df nd req demolition of the Christi structure(s) according to Section 13 -26 (G)( 1)(c) City Y ef Corpus Code of Ordinances in which the owner be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wings and remove all debris. If demolition and security is not started and completed as required, then the City is authorized to demolish located at 1502 Tart lon St (West Wing) commercial (Copps, Lot 2 ). A roll call vote was taken and the motion passed unanimously. 9. 1502 Tarlton St. (East Wing) commercial (Copps, Lot 2) STAFF RECOMMENDATION: To grant repairs due to the extent of deterioration APPEARING IN FAVOR: Ronald Voss Ken Culbreth APPEARING IN OPPOSITION: 0 Motion: A motion was made by Robert White, seconded by Ted Stephens to table this case to the July 23, 2009 regular hearing. A roll call vote was taken and the motion passed unanimously —352— 1502 Tarlton St (Main bldg) Nueces County Tax Office L�R Nueces County'. Page l of 1 'Fax Assessor - Collector Property Tax Balance Beak, a New Search Go to Your Portfolio Pay Taxes by Check Pay Taxes by Credit Card t3 quest an Address Correction Unless otherwise noted, all data refers to tax information for 2008. All amounts due Include penalty, Interest, and attorney fees when applicable. Account Number: 177200000020 Address:: SOUTHWEST PHOENIX GROUP INC AND RON 15706 CUflVSARK CORPUS CHRISTI, TX 78418 -0000 Property Site Address: 1502 TARLTON ST @ FI 00000 -00000 Legal Description: COPPS LT 2 Current Tax Levy: $5,336.60 Current Amount Due: $6,689.43 Prior Year Amount Due: $202,001.54 Total Amount Due: $208,690.97 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received - Last Payment Date for Current Year Taxes: Not Received Market Value: $215,000 Land Value: $165,000 Improvement Value: $50,000 Capped Value: $0 Agricultural Value: $0 Exemptions: None Taxes Due Detail by Year and Jurisdiction Click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. \tuu.. I oi:.nut Cal;dh Ii pl F a • : U' 1 _. I O(;:11J : C In—iii t Led FI ].: i. i- •r mil I'upc.ly la. 1 .I.n i.;'.u•I FAQ Taxing Juri : ;Cli.un is Al.u' of . IUc r IJr I: 'd e :lid I' ^Ind, rl C,r V 6 • ). Online Motor Vahlci ^. FAQ Vntcr Registration Hueces County Appraisal District O!.It:r County Tax Appraise: 1 tl;r:u Odle: Counry To: Assessor Collectors li ?in, utter Property Tex Loin. and lax Foreclosure Saio: Send II:: I'n,,IIJd:J< 02004 Appraisal B Collection Technologies. All rights reserve —4b4— Home „:nara) in;or;nw)on News A0 S &arches F'rope 'tv ID Search Acco, ;n: Search Owner Search Aed Search o Advanced SeaJr:ft Prcp, i,% Data o Dead Sheet • Datasnee. Other o foxing Units ▪ Ne!gnbornooC3 r Abstracts . Subdivisions Appraisal Retdevv Board Ash rise' Renew ;Card c ER'R:: o State Compliance o "Legal Notice'' o Links Forms Agenda Diraclrons • Tax Coale • I exas Fax Law I-';i is and Iticarttptinirs He!nF; hlreces Aerial Photo C.aienda! t•!,aps. P History Page 1 o f 2 Nueces County Appraisal District Data on this Web site represents Certified 2008 Values Click HISTORY Link For Value Property Detail Sitvdt 122 I347 Owner Information Owner ID: Owner Name: Owner Address: Property Address: Parcel Information Legal Description: Acreage: • Cross Reference: Undivided Interest: Exemption Codes: Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Plat MP GIS Map Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Assessed: ID Type fJl Datasheet 00038223 SOUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK CORPUS CHRISTI,TX 78418 1502 TARLTON ST @ FIG ST COPPS LT 2 1772-0000-0020 100% CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) REM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trst Deed 20060465201STD U -65 50 + 5165,000 + 50+ 550,000 + 50 $0 + $0 50 + 5215,000 = SPTB Improvements Impt C (Commercial) F1 (F1 - Commercial Real Propert16 ID Type Land1 Land SPTB CL (Commercial Land) F1 (F1 - Commercial Real Property -355- ' Adobe Acrobat Reader 5.0 (minimum) is required to view pdf documents. Anr $ 50,000 M1ini � ra $ 165,000 Utility Service Location Customer History Inquiry - CITY OF CORPUS CHRISTI whoa W tK.; C SEC 10:+ KnLcc Location Customer History Inquiry Location ID: 2444 1502 TARLTON ST CC _ .__ 309301 ShnIBON. ROBl0.Y EARL 2561 10 RANK KNomm120310 /15/93 14,1111 )(Eat Cancel -357- WC ENE= EMMY IESESta ® GC C 1 t of Col Ii1IS Christi KINEEL DEPARIPIERIT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -S26 -3010 Fax 361-826-3011 www.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361-826-1760 Neighborhood Initiative Program (N.LE) Phone 361-826-3234 March 26, 2009 CERTIFIED LETTER# 7004 - 1350- 0000 -4810 -1695 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI, TEXAS 78418 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 The Building Standards Board met at 1:00 p.m., Thursday, March 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services /Code Enforcement Department located at 1201 Leopard prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Attachment: Board Order Cc: 08 -12213 —358— Sincerely, l� I IUa�`J Tee Houston Building Standards Board Liaison Neighborhood Services Department City of Corpus Christi FINAL ORDER OF THE BUILDING STANDARDS BOARD Attn: Ron Voss 15706 Cuttysark St. Corpus Christi Texas 78418 Re: 1502 Tarlton St. Lot: 2 Add'n: Copps s This final order is issued pursuant to the authority granted to the Building Standa dard a woar tthe ("Board") of the City of Corpus Christi, Nueces County, Texas ( "City "), in Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 Tarlton St (West Winq), Following a public hearing held before the Board on March 26, 2009 ( "hearing date "), the building(s) or structure(s) were found to be an rdd, as ed q owner of the premises on which the building(s) or structure(s) are located, you are hereby ® Obtain any and all required permits within 30 days from the date of this letter. ❑ oIf f repairs de, started to the building(s) be allowed to complete pthe repairs from the date of of the Code, an additional days letter. ❑ Vacate the building(s) or structure(s) within days from the date of this letter the Code, or building building or structure Is demolished andaremoved> the standards of ® Demolish the building(s) or structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wing and remove the debris within thirty (30) days from the date of this letter. If demolition and security is not started and completed as required, the City is authorize to demolish. Renee Carter Absent Gregory Perkes For Ted Stephens For L Hastings Abstained Robert White For Lisa isa Huerta Absent Jesus Jimenez For -359- Attn: Ron Voss 15706 Cuttysark St. Corpus Christi Texas 78418 Ordered this 26th day of March, 2009. Sig nder authority of the B Yv• Morales Haag, Director Neighborhood Services Department Re: 1502 Tarlton St LOT: 2 ADD'N: Copps —360— HEINFEB ® MEM City ®" C.rpus Christi, REARM SEIAtl = DEPARIPKRIT PO Box 9277 Corpus Christi Texas 78469 -9.277 Phone 361 -826 -3010 Fax 361-826-3011 w\Nw.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361 -826 -3010 Model Bloch Program Phone 361-826-1760 Neighborhood Initiative Program (NIP) Phone 361-826-3234 March 26, 2009 CERTIFIED LETTER# 7004 -1350- 0000 -4810 -1695 RON VOSS 15706 CUTTYSARK ST. CORPUS CHRISTI TEXAS 78418 RE: 1502 TARLTON ST (MAIN) ADD'N: COPPS LOT: 2 The Building Standards Board met at 1:00 p.m., Thursday. March 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision was made to table the action on the remaining structure (East wing or main bldg) until the regular meeting of July 23, 2009. Please contact Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter at (361) 826 -3029. —361— Sic}perely, 4tyL` Teena Houston Building Standards Board Liaison Neighborhood Services Department —362— 7004 1350 0000 4810 1695 1 jjf ;PLUM �' L` ' CE18, roM:* I �`t' .� 9tiNry (Damre�la MaflsEln }t, Nql Bann a Ebtrerage PRA),dec roddied Ft') fleiurn (kndomeme (Enaormnionl ftenuitcd) PocAnryir leTE DELIVEN T' Ron Voss -s, 15706 Cuttyssrtk St. Corpus Christi, 'Ili 98410 3.rf Re: 1502 Tarlt as St to, I"J rfat 0 t1 atmTh. l.t:11:&11 ci142 C1,,:0; tali, 11jll �j�j ,pr+ I ' .1 �F minr ei,l'1faI 7i 1 >r'n°rnyl�l vi i56 rT S NIfSfa( © Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ID Print your name and address on the so that we an return the card to you. Attach thls card to the back a? the map' or on the front Ii space permits 1. Mole Addressed to ❑ Agent • 0 Addresses D.' Resolved by (Frudel Nnrrx9 C ute of Dulivnry . Ron Voss 15706•Cuttysalrh St. Corpses Christi, Tx 98410 Re: 1502 Tarlton St D. Is Berney addrisas ddfereni from Rem 1? O Yes If YES, enter delivery address balow. 0 No I' Ii 7004 1350 0000 4810 1695 2. Article Nun (Pransia fur or type -- Certified Moil ' O agates WO 0 Reglatlivi 0 Mims Flrodpt for (Mchatdls3 1Inane/ Mall. 0 C.O.D. M... 4 tosirictod Delivery? (Extra Fool PS Fonn 3811, February 2004 Domestic Retum Receipt Yes —363— 1015e5-0249.1540 us /utl /ZUVtl lb:e1 FAX 361 888 9149 LAN OFFICE e02/006 IMEI `R n1E A1P]Pi&A,L OE QBOHR RV auto$iG STANDARDS TO: Armando Chaps, tatty Secretary, City of Corpus Christi Date: Wednesday, Apil 8,2009 Re: Appeal of real Order of the Building Standards Board dated March 26, 2009 (copy attached hereto as Exhibit 0P Property: 1502 Tarlton Street, Corpus Christi (Vacant Commercial Building) COMBS NOW Ronald A, Voss, Sr., as co -owner of the Property, and would respectfully timely file this Notice of Appeal with the City Secretary effectively appealing to the City Council the Final Order of the Building Standards Board dated March 26, 2009 (copy attached hereto as tshibit 609 ") in compliance with Section 13.28 of the Building and Housing Standards Code of the City of Corpus Christi and Article VI, Section 2 of the City Chaster for the reasons that the decision of the Building Standards Board is erroneous and uses undue hardship as follows: 1. The City of Corpus Christi, by and through the Neighborhood Services Department, has failed to timely and properly notify all owners of the Property of any alleged told/on or hearings thereby failing to comply with Section 1326 et seq. of the Housing Standards Code and Section 13.3005 et aeq. of the Vacant Building Code. Additionally, the Qty of Corpus Christi, by and through the Neighborhood Services Department, has wholly failed to notify the co-owner of the Property, Southwest Phoenix Group, Inc. whose sole shareholder was James R. Snyder,who died in November 2007,whereaftta the Estate of James R. Snyder should have been contacted by and through Mr. Jeffery Thomas Snyder Executor of )estate of James R. Snyder, 43 Gardner Street, Northville, Michigan 43167. 2, The Order is erroneous in that the demolition of the west wing of the building is not warranted by the very definition of owner's obligation to secure a vacant building under the Vacant Building Code. Specifically, Section 13.3002 of the Vacant Building Code stater '$,f'°'°" nyie!a R to M .nmrf is e_in Mit theinterior 'aK this building swiss e_ h e wasted by (11 ®nttihorizerd weans without the use of took or Jrtd&r). The City's sole basis for demolition of the west wing rests on the allegation that transients/criminal trespassers may be accessing the building by coning in through the roof of the west wing. However, these transients/criminal trespassers cannot access the roof without S use of look or Judders. Indeed, Mr, Voas has (1) secured the building from unauthorized entrance by properly boarding up ail exterior openings (doors and windows]) and has removed all trees and elements which would allow unauthorized peraona to climb to the roof (even though this roof repair requirement is not warranted by the Vacant Building Code as one should not have to enclose a roof which is beyond the reach of normal entry (See Sect. 13 -3002 above); (2) posted the required sipage for trespassing (in compliance with Duty to Secure Vacant Building (Section 13- 3008); (3) installed a chain link fence at the back of the building "to prevent any further illegal dumping" and unauthorized entry of persons ap9vehicles (iro compliance with Installing Pence uv /uufluua it:u1 FAX tall SEW 0149 LAW OFFICE ® 007 /006 (Section 13- 3011); and (4) continued to keep the property maintained, flee of high grass, weeds, litter and solid waste (Compliance with Sections 23 -69 and 23 -70). 3- k compliance with the request by rho City of Corpus Christi, by and bough the Neighborhood Services Department, Mr. Von obtained two Proposals regarding demolition of the west wing of the vacant building: $45,000 — demolition and removal of entire west wing and $20,000 — demolition and removal of west wing, excluding slab and exterior walls. Accordingly, the decision of the Board for Voss to demolish the west wing (except for the slab) and to then seceae the entire exposed west end of the building not only creates an unreasonable hardship upon Mr. Von (who, as co- owner, has been the sole target of the demolition Order, to the exclusion of the other oe -owner above), but mates a building security obligation more burdensome and onerous than that which currently exists, thus creating further unreasonable hardship for Mr. Voss. Respectfully submitted, iatir Kenneth M. Culbreth,Jr. State Bar No. 05207525 JORDAN, iRYDEN, WOMBLE, CULBRETH & HOL.ZER, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 7S471 (361) 884-5678 Telephone (361) 888 -9149 Telecopier Attorneys for Co -Owen , Ct mold A. Voss, $r, VllMLFICATNON STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald A. Voss, Sr., who, being by me duty sworn on his oath deposed and said that he is co -owner of 1502 Tarlton Street, Corpus Christi, Texas in the above - entitled and numbered cause; that he has read the above Notice of Appeal of Order By Betiding Standards Board and that every statement contained therein is within the best of his knowledge true and correct. Ronald A. Von, Sr. SUlISCRIBED AND SWORN TO BEFORE ME on the day of April, 2009, to certify which witness my hand and official seal. -365- Page 2cf2 04/08/2008 15:01 FAX 381 888 8149 KMC /js Attachments c: Client LAW OFFICE ® 004 /006 Ms. Elizabeth Handley Via Telecopier No (361) 826 -3239 Assistant tatty Attorney Page 3of3 —366— :ity of Zorpus :hristi ZEE B E DEPA81TIVISIT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3010 Fax 361 -826 -3011 www.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361 -826 -3010 Model Block Program Phone 361-826-1760 Neighborhood Initiative Program (NIP.) Phone 361 -826 -3234 April 14, 2009 CERTIFIED LETTER# 7004- 1350- 0000 - 4810 -2036 SOUTHWEST PHOENIX GROUP INC & RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 The Building Standards Board met at 110 p m Thursday. March 26, 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services /Code Enforcement Department located at 1201 Leopard St. prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Sincerely, RE: 1502 TARTLON ST ADD'N: COPPS LOT: 2 Attachment: Board Order Cc: 08 -12213 —367 — Exhibit 20 T.bena Houston Building Standards Board Liaison Neighborhood Services Department © o City of Corpus Christi FINAL ORDER OF THE BUILDING STANDARDS BOARD Property Owner(s) Southwest Phoenix Group Inc and Ron Voss Sr and/or His Assigns 15706 Cuttysark St Corpus Christi Texas 78418 Re: 1502 Tarlton St. Lot: 2 Add'n: Copps This final order is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), in accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 Tarlton St (West Wing) Following a public hearing held before the Board on March 26, 2009 ( "hearing date "), the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you are hereby ordered to: • Obtain any and all required permits within thirty (30) days from the date of this letter. ❑ If repairs are started to the building(s) or structure(s), in compliance in Sec. 13 -26(F) of the Code, an additional days be allowed to complete the repairs from the date of this letter. ❑ Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. • Demolish the building(s) or structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wing and remove the debris within thirty (30) days from the date of this letter. If demolition and security is not started and completed as required, the City is authorize to demolish. Renee Carter Absent Gregory Perkes For Frank Hastings Abstained Ted Stephens For Lisa Huerta Absent Robert White For Jesus Jimenez. For -368-- Page 2 of 2 Property Owner(s) Ron Voss Sr 15706 Cuttysark St Corpus Christi Texas 78418 Ordered this 14th day of April, 2009. Si under authority of the Bream: Y - e Morales Haag, Director Neighborhood Services Department Re: 1502 Tarlton St. Lot: 2 Add'n: Copps CC: Kenneth M. Culbreth, Jr. Attorney for Ron Voss Sr. Jordan, Hyden, Womble, Culbreth & Holzer, P.0 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 -369- City of Corpus Christi April 14, 2009 CERTIFIED LETTER# 7004 -1350- 0000 -4810 -2050 RON VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 RE: 1502 TARTLON ST ADD'N: COPPS LOT: 2 The Building Standards Board met at 1:00 p.m., Thursday, March 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced pFBGCCDO® property. A notice of the decision made on that date is enclosed. The EMUS period of time allowed you to comply with the decision of the Board mEPet»EN commences from the date of this letter. PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3010 Fax 361 - 826 -3011 www.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361 - 826 -3010 Model Block Program Phc:ne 361- 826 -1760 Neighborhood Initiative Prtigrvn (MLP.) Phone 361- 826 -3234 Li ark'ki If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services /Code Enforcement Department located at 1201 Leopard St. prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Attachment: Board Order Cc: 08 -12213 Si erely, —370— Teena Houston Building Standards Board Liaison Neighborhood Services Department 0 City of Corpus Christi FINAL ORDER OF THE BUILDING STANDARDS BOARD Property Owner(s) Ron Voss Sr 15076 Cuttysark St Corpus Christi Texas 78418 Re: 1502 Tarlton St. Lot: 2 Add'n: Copps This final order is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), in accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 Tarlton St (West Wing) Following a public hearing held before the Board on March 26, 2009 ( "hearing date "), the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you are hereby ordered to: ® Obtain any and all required permits within thirty (30) days from the date of this letter. ❑ If repairs are started to the building(s) or structure(s), in compliance in Sec. 13 -26(9 of the Code, an additional days be allowed to complete the repairs from the date of this letter. ❑ Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. ® Demolish the building(s) or structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wing and remove the debris within thirty (30) days from the date of this letter. If demolition and security is not started and completed as required, the City is authorize to demolish. Renee Carter Absent Gregory Perkes For Frank Hastings Abstained Ted Stephens For Lisa Huerta Absent Robert White For Jesus Jimenez For -371- Page 2of2 Property Owner(s) Southwest Phoenix Group Inc and Ron Voss Sr and/or His Assigns 15706 Cuttysark St Corpus Christi Texas 78418 Ordered this 14th day of April, 2009. $` under authority of the d: e Morales Haag, Director Neighborhood Services Department Re: 1502 Tarlton St. Lot: 2 Add'n: Copps CC: Kenneth M. Culbreth, Jr. Attorney for Ron Voss Sr. Jordan, Hyden, Womble, Culbreth & Holzer, P.0 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 -372- 0502 0T9h ¢w 0000 HET hoot —373— VD®.0� i a. r4 fill N $ CO r4 ti; aw 9E02 019h 0000 05E" hoot Nueces County Tax Office Nueces County Page 1 of 1 Tax Assessor - Collector Property Tax Balance Begin a New Search Go to Your Portfolio Pav Taxes by Check Pav Taxes by Credit Card Request an Address Correction Unless otherwise noted, all data refers to tax information for 2008. All amounts due include penalty, interest, and attorney fees when applicable. Account Number: 177200000020 Address: SOUTHWEST PHOENIX GROUP INC AND RON 15706 CUTTYSARK CORPUS CHRISTI, TX 78418 -0000 Property Site Address: 1502 TARLTON ST @ FI 00000 -00000 Legal Description: COPPS LT 2 Current Tax Levy: $5,336.60 Current Amount Due: $7,057.66 Prior Year Amount Due: $205,412.59 Total Amount Due: $212,470.25 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Last Payment Date for Current Year Taxes: Not Received Market Value: $215,000 Land Value: $165,000 Improvement Value: $50,000 Capped Value: $0 Agricultural Value: $0 Exemptions: None Taxes Due Detail by Year and Jurisdiction click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. About Ronnie Canales Tax Office Facts Office Locations Coin - Operated Machine Permits Property Tax Information FAOs Taxing Jurisdictions Alcoholic Beverage License and Permits Motor Vehicle Registatioi Online Motor Vehicle FAO Voter Registration Nueces County Appraisal District Other County Tax Appraisal Districts Other County Tax. Assessor Collectors Delinquent Property Tax Info. and Tax Foreclosure Sales Send Us Feedback ©2004 Appraisal & Collection Technologies. All rights reserv( Exhibit 21 —374— Home Genera! Information News FAQ Searches o Property ID Search i History o Account Search o Owner Search o Address Search o Advanced Search Property Data o Detail Sheet o Datasheet Other o Taxing Units o Neighborhoods a Abstracts o Subdivisions o Appraisal Review Board o Appraisal Review Board f o Email o State Compliance o **Legal Notice** o Links o Forms o Agenda o Directions o Tax Code o Texas Tax Law o Rates and Exemptions a Rights & Remedies o Employment o Nueces Aerial Photo o Calendar o Maps & Downloads Page 1 of 2 Nueces County Appraisal District Data on this Web site represents Preliminary 2009 Values Click HISTORY Link For Value Property Detail Sheet (R218471) Owner Information Owner ID Owner Name Owner Address Property Address Parcel Information Legal Description: Acreage: Cross Reference: Undivided Interest: Exemption Codes: Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Plat Nlap iMa ar, Qatasheet 00038223 SOUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK CORPUS CHRISTI,TX 78418 1502 TARLTON ST @ FIG ST Values Breakdown Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Assessed: ID Type COPPS LT 2 1772- 0000 -0020 100% CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) RFM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trst Deed 2006046520/STD U -65 2009 Preliminary Value 50 + $165,000 + 50 + 550,000 + $0 50 + 50 $0 + 5215,000 = Imp1 C (Commercial) ID Type Improvements SPTB ceg Fl (F1 - Commercial Real Properh6 SPTB Land Acre Land1 CL (Commercial Land) F1 (F1 - Commercial Real Property -375- Value $ 50,000 Market $ 165,000 A k ( k re 0 0 al Description COPPS LT 2 History Information 4 # 0 co 2 . 0 $ • 2 ; 8 0 \0000 .69 § | ;6969 k 0000 t9 69 tfb 2§| ; ;le! ! /\!z} >& §k Improvement Sketch Situs Address i02 TARLTON ST © FIG ST I k)$() §% ; ; ;§q§ ■ t § w 0 no ) 0. cre Foundation § Improvements §\\22690; ( mra ! § 0)727 ( k To 0 # ! 4r SPTB Description Commercial Land Corpus Christi Prospector: Economic Development Available sites, buildings, demograph... Page 1 of 3 &cc o eoafuat ei/17G.ei official web site IICorpus Christ —Orr - httn J /www cnr ru icchrictinrnsnectnr _com/ed.asn ?cmd= print &vis = &t=1 &forleaser-no &maxx... 6/9/2009 Street Address: 1502 Tarlton St. Building Name: Corpus Christi Osteopathic Hospital Available: Yes Parcel: 033600000015 City: Corpus Christi County: Nuece State: TX Type: Office Minimum Available: 165,000 SqFt Maximum Available: 165,000 SqFt For Sale: Yes For Lease: No Last Updated: 9/25/08 Total Price High: 550000 Construction Material: reinforced concrete Construction Year: 1966 Lot Size (Acres): 3.79 Zone Classification: AB Property Description: Free Standing Building, 1502 Tarlton Street, Corpus Christi. Texas 78415. Former Corpus Christi Osteopathic Hospital. One story building, medical /dental. Approx. 3.79 acres or 165,000 SF of land. Building is institutional construction on reinforced concrete with inferior piers and beams. Paved parking in front.rear and on street. Located at the corner of Tarlton & Fig streets. City water & sewer, overhead utilities. Built in 1966. Zoned "AB" Professional Office District. Price Reduced, motivated seller. Sale Price $550.000.00. Broker Company: NAI Cravey Real Estate Broker Contact: Matthew Cravey Broker Address: 5541 Bear Lane, Ste. 240 Broker City: Corpus Christi Broker State: TX Broker Zip Code: 78405 Broker Phone: 361 - 289 -5168 ext. 301 Broker Cell: 361- 877 -2463 Broker Fax: 361 -289 -5442 Broker Email: matthew @craveyrealestate.com Broker Website: www.craveyrealestate.com CC:RE DC Loin' C ,e g ±act i. : :7.) :a c;; Company: Corpus Christi Regional Economic Development Corporation Contact Name: Pamela Lago Address: 800 North Shoreline, Suite 1300 South City: Corpus Christi State: Texas Zip Code: 78401 —Orr - httn J /www cnr ru icchrictinrnsnectnr _com/ed.asn ?cmd= print &vis = &t=1 &forleaser-no &maxx... 6/9/2009 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY09 -10 Enterprise Funds STAFF PRESENTER(S): Name 1. Cindy O'Brien 2. Oscar Martinez 3. Constance Sanchez 4. Eddie Houlihan Title /Position Department Interim ACM - Administrative Services Assistant City Manager - Public Works Interim Director of Financial Services Assistant Director of Management & Budget BACKGROUND: REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July 14th and July 28th respectively. PowerPoint X Supplemental Information A461h41,/ Eddie Houlihan Assistant Budget Director EddieHot cctexas.com (361)826 -3792 —381— Enterprise Funds Budget Presentation June 23, 2009 Enterprise Funds are used to account for operations that are financed and operated in a manner similar to private business enterprises where -the intent of the City Council is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. 2 -383- 1 Summary of Fund Balances for Enterprise Funds Projected Fond Projected Fund Balance Budget Budget Balmce 8112009 Revenues Expenditures @7212010 Water Fund 523 ,441,213 586,084,937 585,147,918 524,378,232 Choke Canyon Fund 27,987,046 367,018 1,750,163 26,603901 Gas Fund 5,168,440 43,228,056 42,908,118 5488,377 Wastewater Fund 21 ,283 ,250 51 ,201980 46,856,874 25,628 ,256 Storm Water Fund 3,054 ,200 22,453,392 21,625984 3,881,608 Airport Fund 4,156,468 7,677,801 7,970 ,306 3.863,963 Golf Fund (487 ,350) 1,808,969 2,188,965 (867.347) Marine Fund 33,602 1.707,709 1,616,750 124 ,560 Total 584,636969 5214,529,762 5210,065,079 589,101,551 Summary of Working Capital for Enterprise Funds Curren) Curren) Reservations of Net Working Assets Liabilities Fund Bonne Capita @ 7212008 @ 7/312008 - @ 7212008 u.7/312008 Wales Fund $28,295,287 (510,10046) (54,304931) 313,890 ,270 Choke Canyon Fond 29 ,274,479 0 (29 ,274479) 0 Gas Fund 7,923,921 (4,016,991) (278,696) 3,628,234 Wastewater Fund 19,493,966 (1 ,202,740) (1970,21) 17 ,221,205 Combined Airport Fund 6,753,419 (918,167) (2 ,268,709) 3966,543 Golf Fund 181 ,205 (129414) (501 ,333) (44942) Marina Fund 231,115 (305,193) 0 (74,078) Total 592,153,392 (816,672991) (537497,769) 537,782,632 Current assets are equal to cash, investments, receivables. and inventories. Currant IiaNdes are equal to accounts payatie, accrued expenses. deposits. and other liabddies due 'Whin one year. —385— 2 FY 2010 Major Utility Capital Improvement Projects Water: • Automated Meter Reading Program - $5M • ON Stevens Improvements - $10M Storm Water • Salt Flats Drainage - $1M Wastewater: • Oso Plant Improvements - $5M • New Broadway Plant & Improvements- $14M Utility Debt Service (Revenue Bond and Refunding Debt Only) 530,000,' 525,000, 520,000, 515,000, 510,000, 55,000, I a1 W AIFR • WASTEWATER 0 S1ORM W AI}R m GAS 100 000 so 2000 2001 2002 2003 2001 2005 2006 2007 2008 2009 2010 Fa Prof Note: Storm Water was included with Water In years prior to FY 2009. It Important to note that projected annual debt service is $47.5M for FY 2010, an Increase of 54.761 or 11% over that estimated for FY 2009. This increase is due mostly to continued revenue bond borrowings to support G.O. Bond street work and utility- specific capital projects. -387- 3 Total Utility Debt Service (Revenue Bond and Refunding Debt Only) ■WAIIR ■WAS1EWA1m STORM WAIIE 18 GAS sw,uuu,wo 515,000,000 840,000,000 835,000,000 830,000,000 525,000,000 810.000,000 SI5.000,000 SIO,000A00 55,000,0000 . .:�. . ■ . ■ , ■ . . . . . . . . . , ■ ■ ■ . . . . . . . , . . . . . . . . . . 2000 2001 2002 2003 2001 2005 2006 2007 2008 2009 2010 Fat Proj Note: The above graph reflects the Increase in utility debt service requirements since 2000. The amount has tripled since FY 2000 and reflects an average annual compound growth rate of in excess of 12% thus a doubling of required debt service dollars roughly every 6 years. The expected growth rate may be mitigated in the future with the City recently switching to a 30 year revenue bond amortization versus 20 year to match the debt with the useful life of the asset. 7 Customer Growth Rates for Utility Funds 1999 2009 Total % Annual Ave % Chanee Chanee Water 77,000 86,500 12.3% 1.23% Wastewater 74,100 82,500 11.3% 1.13% Gas 55,600 54,600 -1.8% -.18% -389- 4 Gallons of Water Consumed (1,000 gallons) Raw and Treated 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20 000,000 15,000,000 10,000,000 5,000,000 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 at Proj Fiscal Year 59,000,000 58,000,000 57,000,000 56,000,000 55,000,000 54,000,000 53,000,000 52,000,000 51,000,000 50 Cost of Purchased Water (Lake Texana) 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Est Proj Fiscal Year 10 -391- 5 Water Fund Full Time Equivalents Budget 09 Budget 10 Water 171 173 Utility nosiness 19 19 Office Utility Field 40 31 Services Total 230 223 ■ Water O Utility Field Services Changes — Net Increase/Decrease FTE's 2 FTE's increased in Stevens Filter Plant org (I) —Sr. Functional Analyst and (1)— Systems Specialist transferred from MIS 9 FTE's decreased in Utility Field Services org (91 —Field Service Technicians Water Fund Major Revenues Budget 09 Budget 10 Raw Water 522,390,212 23,498,254 Sales 10.Sales 47,715,576 27.823.751 041 Sales 14,425,788 15,491,073 Raw Water 12,549,420 M.846,790 Contr. Other 5,088,370 8,425,069 Total 5102,169,366 86.084.937 • Raw Water Sales D ICL Saks OOCL Saks • A reserve was originally set up in FY 07 and continues in FY 10 to help level out large fluctuations in raw water charges. • A revised rate schedule was implemented In FY 09. This schedule is designed to charge customers for the cost of services received. • The rate schedule will support continued capital improvement investment for utility projects. • A 242% reduction Is programmed into the revenue projections due to the proposed establishment of a Storm Water rate. -393- 6 Water Fund Expenditures by Function Budget 09 Budget 10 Personnel 10.433.629 12.521.313 Operating 48242.120 30.802.240 Debt 34.860,050 35,405.733 Allocations 5352.933 5,711.628 Capital 360.700 707.0(74 Total 99,449.432 85.147.918 1x% • Personnel O Operating ❑ Apocations ■ Capital sex 13 Debt Personnel expenditures have increased by S2.IM due to skill based pay, a 2.5% COLA Increase In November 2008, transfer of two positions from MIS and the hiring of new employees at the mid -point salary range. • Equipment replacement for Water includes 18 trucks, 1 backhoe, 2 generators, 8 trash pump, 1 crane and 7 vans. • Operating costs Include a 5860K increase In purification chemicals. • Debt is Increasing due to capital improvement projects authorized by City Council. • Operation expenditures in FY09 included a 520,525,000 transfer to Storm Water Fund. This 13 transfer has been eliminated with the creation of a Storm Water rate. Analysis Of Sample Water Bins Inside City Limits FVO9 FYIO I Total Total I Residential A00 pVme.) 529.79 I 522.35 I Commercial (50,0000el/mo.) 5232.67 I 5145.60 I Large Volume (17,000,000 gal/mo.) 543,823 I 543.135 Outside City Limits Large Volume I 5269,065 I 5255,644 I (1,000,000,000 gavmo.) 14 -395- 7 Storm Water Fund Full Time Equivalents Budget 09 Budget 10 Servlce/Maint 56 56 n OIRc &OericJ 4 4 ei+s® II Service Technic Professional 4 4 Total 75 75 No Oranges - Net FTE's 0 Technical • Management ® Professional 15 Storm Water Major Revenues Commercial Residential Other Total S20,801,415 521,453,392 • Connnemlal ,x El Residential Other • FY09 Revenue reflects direst transfer from Water Fund to Storm Water Fund. • Storm Water Utility was established in FY09 to improve management and cost measurement of the Storm Water System. Proposed stone water charge is based on amount of impervious surface located on each parcel of property within the City. 1 Equivalent Residential Unit equals 510.75 per the current proposed structure, Rale structure for Residential is tiered. "Other" includes late fees, returned check fees, and transfers from General Liability and Workers' Comp. 16 -397- 8 Storm Water Expenditures by Function Budget 09 Budget 10 Personnel 53.259.597 53,638.866 Operating 6.015.389 6.535.880 Debt 9,019.766 8.871,567 Allocations 1.859.544 2.080.224 Capita 248,010 499.447 Total 520.402.306 521,625.984 • Includes Reserve Appropriation of SIM • 5513,918 of increase in operating expenses is due to uncollectable account and economic development charges • 5221K increase In allocations • Includes cost to continue implementation of City's Municipal Separate Stonn Sewer System (MS4) Permit programs • Maintains a 75 FTE staffing level • Approximately S1.6M of Proposed Budget is for contracts which supplement operations. (In FYIO these contract expenses are increasing.) 11 • Personnel D Operating D Allocations • Capital • Debt Utility Rate Structure Summary Equivalent Residential Unit (ER Residential (3 fiefs) - $ 6.24/mo. if impervious between 500 to 2,499 sq ft (= 0.58 ERU) $ 10.75 /mo. if impervious sq ft between 2,500 to 5,499 sq ft (= 1.00 ERU) $ 19.67/mo. if impervious sq ft 5,500 sq ft or over ( =1.83 ERU) Commercial - (Impervious surface sq ft for lot / ERU sq ft) x ERU rate /mo. Sample calculations: (9,785/3,600) x 510.75 = 529.22 per coo. (10,890/3,600) x 510.75 = 532.52 per mo. (21,780/3,600) x 510.75 = 565.04 per coo. (32,576/3,600) x 510.75 = 597.28 per mo. * The development of the billing database is nearing completion, and as addition/ aopwmes 18 are reaexed, this could cause the Eat sq ft mine and ERU rate to change somewhat -399- 9 Gas Fund Full Time Equivalents Budget 09 Budget 10 ServiWMainl 60 60 Mee/Clerical 10 10 Technical 55 55 Managamwt 7 7 Professional 3 4 Total 135 136 Changes —Net Increase/Decrease FTE's • 1 FTE's increased In Gas Marketing org(I) — Energy & Marketing Rep. • Service D Office O Technical • Management ®Professional 19 Gas Consumption 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Es Proj -401- 10 Gas Fund Major Revenues Budget 09 Budget 10 Purchased Gas 535,391,510 527,358.747 Residential 9,229.935 9,224.569 Commercial 4,423,436 4,640,349 Other 1.756.477 2,004.391 Total 550,801.358 543,228.056 a% • Purchased Gas D Residential 0 Commercial • Other • Average MCF cost is projected to decrease from 511.08 budgeted in FY 09 to 58 68 in FY 10 for natural gas. • A rate change is proposed in order to create consistency between block rate structures. The impact results in approximately a 1% decrease In revenue. • The2% rate increase will support capital improvement investment for Gas projects. 21 Gas Fund Expenditures by Function Budget 09 Budget 10 Personnel 55,941,011 56,622,114 Operating 4 .599,416 4,615,479 Natured Gas 35,391,495 27.226,007 Parch Debt 450,102 480,000 Allocations 3,411.737 1403,092 Capita/ 584,925 561,426 Total 550,378.686 542.908,118 • Personnel % DOperating 0 Allocations • Capital e s Debt • Personnel expenditures have Increased by 5681K due tosldll based pay and a 2.5% COLA increase In November 2008. Total operating expenditures are expected to increase by S16K. • Debt Is attributed mostly to the AMR project. • Natural gas purchases decreased by 582M due to plunging gas prices. • Reserve appropriation increased from 555,300 to 5429,373 for emergencies and to fund additional equipment replacement. —403— 11 Wastewater Fund Full Time Equivalents Budget 09 Budget 10 Service/Maint 130 134 OThc &Clerical 4 4 Technical 6 6 Management 16 17 Profession& 6 6 Total 162 167 Changes —N& lawns& 5ecrene FTE's • 5 FTE's increased in Lift Station Operations and Maintenance org R)— Waesewalr Facilities Superintendent and (4)— Maintenance Mechanic Farman • Service O Office O Technical • Management ts Professional 23 Wastewater Fund Major Revenues Budget 09 Budget 10 Commerdal 514.054.296 S15,594 .733 Residential 30.296,151 33.623.875 Other 1.856.741 1,983.272 Td& $46,207.195 551,201.880 • Commercial O Residential O Other • Ws rate increase included in revenue projections. This equates to Increased revenue ofS3.3M from residential customers and $1.5M from commercial customers. • The rate increase will support continued capital improvement investment for Wastewater projects • Residential rates are computed using a3 month winter average. 24 -405- 12 Wastewater Expenditures by Function Budget 09 Budget 10 Personnel 57.238.247 58.776.072 Operating 16.148,346 16,703.084 Debt 15.913,806 15.481,037 Allocations 4.437,641 4.605.876 Capital 1,239.501 1.290.805 Total 544.977,541 546,856.874 ox n '0' ■ Personnel D Operating ❑ Albcations • Capital in Debt • Personnel expenditures have increased by 51.5M due tosldll based pay, a 2.5% COLA increase in November 2008, flcensetOperator Certification Add-on pay, and increase of 5 FTE's. • Includes Reserve Appropriation ofSIM for unanticipated infrastructure needs • Equipment replacement includes 7 Rueter, l pump trailer, 1 mini excavator, 2 cargo vans, 2 riding mowers, 1 utility trailer and 1 track excavator. • increasing operating expenses mostly due to chemical, fuel and electrical costs. 25 Wastewater Sample Bill FY2009 FY2010 9% increase OBnimrm(upta 2,000 gallons) 5 18226 $ 19.87 Average $ 32360 $ 35.95 Maalnum(25,000 gallons or more) S 102.958 5 11233 CanmercW Minimrm(upto2,000 gallons) 5 26.862 S 29.28 All mer 2,000 gallons 52 .856/1,000 gal 53.110/1,000 gal —407— 13 Airport Fund Major Revenues Budget 09 Budget 10 Landing Fees 5660,000 5636.000 Space Rental 1,086.000 1,026.000 a Auto Rental 1.128.000 1.120.000 Parking Lot 2,085,000 1.967.500 TSA merges 685.731 541,871 Security Service 298,020 293,616 011 & Gas Leases 162,000 128.400 Other 1,642.785 1.964,414 Total 7,747,536 7,677.801 Calendar year 2008 E•planements were 7.63% blow 2007 levels, January through May 2009 E•planements down 123% as compared to the same period in 2008. • Minimal increase of.5% to airline rates and charges are proposed for FYIO. • A five -year year use and lase agreement with Southwest, Continental Express and American Eagle has been negotiated and is awaiting formal execution in July 2009. Proposals have been received for on- property rental car concessions and agreements should be formally executed by July 31, 2009. Agreement will include provision for funding and construction of a Quick Turn Around Facility. • Landing Fees is Space Rental 0 Auto Rental • Paiting Lot • TSA Charges • Security SeMce • OlaK,as Leases o Diner 27 Airport Expenditures by Function Budget 09 Budget 10 Pemmnd 54,237,839 14.258,781 Operating 2.198,761 2.270.482 Debt 748.181 605,590 Allocations 740.477 794,952 Capital 67,000 40.500 Total 7,992,258 7.970.306 • • • • • Personnel m Operating cox O Alocatlons • Capital II Debt Facilities section reflects the transfer of two positions — Systems Specialist and Technical Specialist- from the Building Maintenance section to better align resources and improve responsiveness. Staffing levels will remain level at 97.20 FTE s. Administration section reflects an increase to funding to S20,000 for business development activity. Capital expenditure includes funding of S40,600 for three (3) EP, Go utility vehicles 28 and a bat -wing mower attachment. -409- 14 Golf Fund Major Revenues Budget 09 Budget 10 Green FeeSurcbarge 576,000 0 Golf Carl Rentals 590.700 573,305 Concession Sales 24,450 22,300 Pro Shop Sales 133,300 90437 Green Fees 1.008,000 925,100 Other 98.894 197,827 Total 51.931.344 51,808.969 • Green Fee Surcharge 0 Golf Cart Rentals 0 Concession Sales • Pro Shop Sales Green Fees • Other • An average fee increase of 15% is programmed for FY10. • The surcharge for capital improvements is proposed to be suspended due to negative fund balance. No course closures are expected; however, revenues are budgeted conservatively. 29 Golf Expenditures by Function Budget 09 Budget 10 Personnel 5992,572 51.022,567 Operating 882,736 902.615 Debt 11,030 — 10,919 Alloendous 156,096 162,864 Capital 90,000 90,000 Total 53.132,434 52.188.965 ■ Personnel m Operating O Allocations • Caphal al Debt • S90,000 for Capital to replace aging equipment. • Staffing will remain level for FY10 at 29.5 FTE's. • Financial condition continues to be a concern — options to correct problem are limited. —411— 15 Marina Fund Major Revenues Bayfront Revenues Slip Rentals Other Total Budget 09 Budget 10 5240.300 5252,800 1,107.000 1.122.000 285.466 332.909 51.632,766 51,707,709 15 • Bayfront Revenue D Slip Rentals ❑ Other • The Texas International Boat Show Is expected to provide the Marina with additional slip rentals, Boat Haul Outs and increased sales from restaurants. • Slip Rentals continue to increase due to an aggressive marketing effort. 31 Marina Expenditures by Function Budget 09 Budget 10 Personnel 5621.542 5651.229 Operating 446.953 474.812 Debt 352.329 351.773 Allocations 134.999 138,936 Capital 0 0 Total 51,555,823 51.616,750 • Personnel o Operating ❑ Allocations • Capital si Debt • Add 1 Marina Specialist 1 for nighttime security • 525,500 set aside for marketing • The Marina will continue to hold operating expenditures level to meet debt payments —413— 16 Budget Calendar July 7 — Public Hearing July 14 — 1st Reading July 28 — 2nd Reading & Adoption Questions & Comments —415— 17