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Agenda Packet City Council - 09/15/2009
:mow. .�� mo - I I :45 a.m. -- Proclamation declaring September 8, 2009 as "international Literacy Day" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members Recognition of the City of Corpus Christi Water Department's 2009 Public Drinking Water Recognition Award by the Texas Commission on Environmental Quality (TCEQ) "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 15, 2009 12 :00 P.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 4:00 p.m., or 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 Listed desea dirigirse a! Concilio y cree que su ingles as lirnitado, habra un interprete ingles- espanol en Codas 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 Henry Williams, Corpus Christi 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 Tern John Marez Council Members: Chris N. Adler City Manager Ang el R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting September 15, 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 September 8, 2009. (Attachment # 1) F. 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. 2. Executive session under Texas Government Code, Section 551.072 of the Texas Open Meetings Act to deliberate the purchase, exchange, lease or value of real property. 1 Executive session under Texas Government Code, Section 551.071 regarding Bryan Smith vs. City of Corpus Christi, Texas, Angel Escobar, in his capacity as City Manager; Cause No. 09- 1530 -E; in the 148th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: 4. North Padre Island Development Corporation (Attachment # 4) a. Motion removing Henry Garrett, Melody Cooper, Mike Hummell, Michael McCutchon, and George Noe from the Board of Directors of the North Padre Island Development Corporation and declaring their offices as vacant. b. Motion appointing Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Mark Scott as members of the Board of Directors of the North Padre Island Development Corporation to fill the unexpired term of the director they are replacing. Agenda Regular Council Meeting September 15, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 5. Tax Increment Reinvestment Zone (TIRZ) (Attachment # 5) a. Motion appointing two new members of the Board of Directors of the Tax Increment Reinvestment Zone (TIRZ) No. 2. H. 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. 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.) 6. Ordinance appropriating $15,144 of the Unreserved Fund balance in the General Fund No. 1020 for the payment to the Volunteer Center of the Coastal Bend for Municipal Court Community Service Program; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $15,144. (Attachment # 6) Agenda Regular Council Meeting September 15, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $1,070,830 for Bear Lane from Old Brownsville Road to South Padre Island Drive. (BOND ISSUE 2008) (Attachment #7) 8. Motion authorizing the City Manager, or his designee, to issue a permit for the temporary street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald Street from Chaparral Street to Mesquite Street for the 49th Annual Texas Jazz Festival, starting on Friday, October '16, 2009 at 8:00 a.m. through Monday, October 19, 2009 at 8:00 a.m. pending the certificate of insurance to be submitted two weeks prior to the event and upon meeting the conditions and requirements for permit in Sec. 49 -17. (Attachment # 8) J. PUBLIC HEARINGS: ZONING CASES: 9. Case No. 0709 -02, Shrub Oak, LLC - A change of zoning from "RE" Residential Estate District to an "1 -2" Light Industrial District on property described as 6.514 acres out of Lot I , Section 50, Flour Bluff & Encinal Farm & Garden Tracts, Volume A, Pages 41 -- 43, Map Records, Nueces County, Texas, generally located approximately 700 feet south of Glenoak Road, on the east side of Flour Bluff Drive, west of Waldron Road and north of Caribbean Drive. (Attachment # 9) Planninci Commission and Staffs Recommendation: Denial of the "1 -2" and in lieu thereof approval of a "B-3" with a special permit for outdoor storage, subject to a site plan and five conditions. ORDINANCE Amending the Zoning Ordinance upon application by Shrub Oak, LLC by changing the zoning map in reference to 6.514 acres out of Lot 'I , Section 50, Flour Bluff & Encinal Farm & Garden Tracts, from "RE" Residential Estate District to "B -3 /SP" Business District with a special permit to allow outdoor storage, subject to a site plan and five (5) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause, and providing a penalty; and providing for publication. Agenda Regular Council Meeting September 15, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Case No. 0809 -06, HEB Grocery Company, LP A change of zoning from an "R -1B" One- family Dwelling District to an "A -2" Apartment House District on property described as 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts located approximately 1,350 feet southeast of South Staples Street. (Attachment # 10) Planning Commission and Staffs Recommendation: Denial of the "R -1 B" and in lieu thereof approval of an "A -1 ". ORDINANCE Amending the Zoning Ordinance upon application by HEB Grocery Company, LP by changing the zoning map in reference to 2 1.401 acres out of Lots 19 and 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts, from "R -1 B" One- family Dwelling District to "A-I" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing repealer clause; providing a penalty; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS AND ORDINANCES: 11. Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $5,044,754 for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue, for the Base Bid, Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1. (Attachment #11) 12. Resolution authorizing the City Manager or his designee to execute an amendment to the Interlocal Cooperation Agreement with Texas A &M University -- Corpus Christi (TAMU -CC) for the community visioning project called Bold Future, to authorize TAMU -CC to utilize remaining funds previously provided by the City for Phase I and for Phase II in the amount of $56,767.98 for Bold Future Phase Ill. (Attachment # 12) Agenda Regular Council Meeting September 15, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 13. Governmental Accounting Standards Board (GASB 45) Report by G. P. Monnin Consulting, Inc. (Attachment # 13) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4 :00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: . 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. N. CITY MANAGER'S COMMENTS: (NONE) Agenda Regular Council Meeting September 15, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at c:O0 _ p.m., on September 10, 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 the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL-COUNCIL CHAMBERS 1207 LEOPARD ST. SEPTEMBER 15, 2009 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, of the following addition to the agenda of the City Council to be considered at the above meeting: F. EXECUTIVE SESSION 3.1 Executive session under Section 551.011, Section 551.012 and Section 551.081 of the Texas Government Code for legal advice, deliberations regarding the lease of real property, and deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~ ~ ~0 p.m. September 11, 2909. Armando Chapa City Secretary City Council Goals 2009 -2017 A'N CCTM Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety. Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 PRESENT Mayor Joe Adame Mayor Pro Tern John Marez* Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 8, 2009 - 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 12:10 p.m. Mayor Adame called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for her mother and Ken Chastain. The invocation was delivered by Reverend William "Billy" C. Storms with Covenant Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. 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 August 25, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** MayorAdame referred to Item 23 regarding Case No. 0809 -02, Mostafa Bighamain. Interim Assistant Director of Development Services Faryce Goode -Macon stated that the applicant is requesting that this item be tabled until December 15th due to a family emergency. Mr. Kieschnick made a motion to table item 23 until December 15, 2009. The motion was seconded by Mr. Elizondo. 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, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. 23. POSTPONED UNTIL DECEMBER 15, 2009 * * * * * * * * * * * * Minutes --- Regular Council Meeting September 8, 2009 -- Page 2 Mayor Adame announced that Item 3 is postponed. Mayor Adame announced the executive session, which was listed on the agenda as follows: 2. Executive session under Texas Government Code, Section 551 -071 regarding David Torres vs. City of Corpus Christi; Cause No. 09- 61260 -4; in the County Court at Law Number Four, Nueces County, Texas, with possible discussion and action in open session. 3. POSTPONED 09 -1530 E; in the 148 The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Adame referred to Item 4 and the following board appointments were made: Clean City Advisory Committee John Elford (Reappointed) Mikell Smith (Reappointed) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 5 - 21). There were no comments from the public. Council members requested that Items 11, 18, and 21 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2009 -243 Motion approving the purchase of new 9 -1 -1 dispatch consoles from Watson Furniture Group, Inc., of Poulsbo, Washington fora total amount of $175,227.26. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments ( HGAC). This purchase will replace the existing dispatch and call taker consoles in the 9 -1 -1 Center of the Police Department. Funds are available through the Public Safety lnteroperability Communications Grant. The foregoing motion was passed and approved with the following vote: Adame, Adler, 9 Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 6. RESOLUTION NO. 028287 Resolution authorizing the City Manager or his designee to execute a renewal of an interlocal cooperation agreement for a term of five (5) years for the Local Emergency Response Planning specific to extremely hazardous substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Maiez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting September 8, 2009 -- Page 3 7.a. RESOLUTION NO. 028288 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $378,905 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, 9 g Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7.b. ORDINANCE NO. 028289 Ordinance appropriating $378,905 from the Texas State Library and Archives Commission into the Libra ry Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. An emergency was declared, and the foregoing ordinance was passed and approved with 9 Y the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.a. RESOLUTION NO. 028290 Resolution authorizing the City Manager or his designee to accept a grant in the amount of � $143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2009 -2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, g 9 Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 028291 Ordinance appropriating $143,018 from the Texas State Library and Archives Commission into the No. 1068 Libra ry Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2009 -2010. An emergency was declared, and the foregoing ordinance was passed and approved with y the followin g vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.a. RESOLUTION NO. 028292 Resolution authorizing the City Manager or his designee to accept a grant in the amount of tY $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant by Program administered b the South Texas Library System at Corpus Christi Public 9 Library for the state fiscal year 2009 -2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, 9 g P Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes -- Regular Council Meeting September 8, 2009 — Page 4 9.b. ORDINANCE NO. 028293 Ordinance appropriating $80,000 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.a. RESOLUTION NO. 028294 Resolution authorizing the City Manager or his designee to accept the After School Archery Program Grant in the amount of $500 from the National Recreation and Park Association for the implementation of an after school archery program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.b. ORDINANCE NO. 028295 Ordinance appropriating a $500 grant from the National Recreation and Park Association in the No. 1067 Parks and Recreation Grant Fund for the After School Archery Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 12. ORDINANCE NO. 028298 Ordinance appropriating $684,417 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building Improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640 and $44,500 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; and transferring $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement for airport drainage improvements; changing the FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 13. MOTION NO. 2009 -245 Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid with Malek, Inc., of Corpus Christi, Texas in an amount not to exceed $193,078 for the Corpus Christi International Airport Terminal Building Addition of Chiller No. 3. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4 Minutes — Regular Council Meeting September 8, 2009 — Page 5 14. MOTION NO. 2009-246 Motion authorizing the City Manager or his designee to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $212,1 50.00, fora restated not to exceed total fee of $3,310,747.50 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project, Air Rescue Fire Fighting Building Improvements Project, Terminal Re- Roofing Project (Old Wing) 2008 Project, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 15. MOTION NO. 2009 -247 Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid with B. E. Beecroft Company, Inc., of Corpus Christi, Texas in an amount not to exceed $265000.00 for the Corpus Christi International Airport - Airport Rescue and Fire Fighting Facility (ARFF) Improvements. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16. MOTION NO. 2009 -248 Motion authorizing the City Manager or his designee to execute a construction contract with Malek, inc., of Corpus Christi, Texas in the amount of $2,572,782 for the American Bank Convention Center Chiller Replacement Project -- 2009 for the Base Bid, Additive Alternate No. 'I and Additive Alternate No. 2. The foregoing motion was passed and approved with the following vote: Adame, Adler, 9 9 Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 17. MOTION NO. 2009 -249 Motion authorizing the City Manager or his designee to execute a construction contract with Infinity Builders of Laredo, Texas in the amount of $249,000 for H.E.B. and Al Kruse Tennis Centers Court Improvements for the Total Base Bid. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, 9 9 Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 19. MOTION NO. 2009-251 Motion authorizing the City Manager or his designee to execute a construction contract with Bay Area Contracting & Construction, Inc., of Corpus Christi, Texas, in the amount of Y g $118,000 for Health Department Laboratory Remodel 2009 for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, 9 9 �� Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting Aye". Minutes -- Regular Council Meeting September 8, 2009 -- Page 6 20.a. ORDINANCE NO. 028299 Ordinance authorizing the City Manager or his designee to execute a lease agreement with Bayfest, Inc. for Bayfest 2009 and related activities to allow use of Memorial Coliseum parking lots, and McCaughan Park during September 16 - 30, 2009; provide for Bayfest, Inc. paying 50% police and 100% of all other city costs. An emergency was declared, and the foregoing ordinance was passed and approved with 9 Y the followin g vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting `Aye ". 20.b. MOTION NO. 2009 -252, Motion approving an admission fee for Bayfest 2009 of seven dollars ($7.00) per day for adults and three dollars ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices. Children age six and under are admitted free. The foregoing motion was passed and approved with the following vote: Adame, Adler, g 9 Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 20.c. MOTION NO. 2009-253 Motion approving the application from Bayfest Inc. to temporarily close the following street pp 9 p sections for Bayfest 2009. Street closures to begin at the times specified below and all street closures to re -open at noon on Wednesday, September 30, 2009: 1) The temporary street closure of Born Street and Broadway Court between Water p ry Street and southbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009. 2) The temporary street closure of Park Avenue from southbound Shoreline Boulevard p ry to northbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009. 3) temporary The tem ora street closure of Kinney Street from Water Street to northbound Shoreline Boulevard; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m. Wednesday, September 30, 2009. 4) The temporary street closure of southbound Shoreline from Coopers Alley to Furman p ry Avenue; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m. g 9 Wednesday, September 30, 2009. The foregoing motion was passed and approved with the following vote: Adame, Adler, g g �: e Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". . Mayor Adame opened discussion on Item 11 regarding the U.S. Department of Housing and Y � Urban Development. Council Member Leal asked questions regarding the homeless population in 1980 and . toda Y Community Communi Development Administrator Daniel Gallegos stated that the homeless population ulation is determined as 1% of the population. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting September 8, 2009 — Page 7 11.a. RESOLUTION NO. 028296 Resolution authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development to accept and implement the 2008 Continuum of Care Grant for homeless supportive housing program renewals. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.b. ORDINANCE NO. 028297 Ordinance appropriating a grant of $717,499 from the U.S. Department of Housing and Urban Development for the 2008 Continuum of Care Grant Program in the Community Enrichment Fund No. 1071 for homeless supportive housing program renewal projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.c. MOTION NO. 2009 -244 Motion ratifying the 2008 Continuum of Care ( "COO ") grant funding agreements with Nueces County Mental Health and Mental Retardation and the Salvation Army for singles and families to be effective September 1, 2009, and authorizing the City Manager or his designee to execute subrecipient funding agreements under the 2008 COO Grant terms as follows: (1)$122,673forNuecesCountyMental Health and Mental Retardation; (2)$309,537forthe Salvation Army; (3) $142,720 for Goodwill industries of South Texas, Inc., and (4) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center, d.b.a. Charlie's Place, for homeless supportive housing program renewal projects and activities. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 18 regarding the Naval Air Station Corpus Christi Effluent Reuse Lift Station & Force Main. Council Member Martinez asked whether the Naval Air Station (NAS) would The reimbursing the City for this project. Director of Engineering Pete Anaya stated that the City is bearing the full cost and the project is part of the capital improvement program. City Manager Escobar explained that NAS requested that the City provide the effluent to the golf course on the east side to allow for the expansion of the Corpus Christi Army Depot. Council Member Adler asked how many businesses are using effluent water. Director of Wastewater Foster Crowell reported that presently the two public golf courses, two private golf courses, and the Grandstands use effluent. City Manager Escobar stated that the Veterans Cemetery will use effluent and the City is in discussions to use effluent with the Corpus Christi Country Club, Kings Crossing, and Bill Witt Park. Ms. Adler asked questions regarding the use of effluent in large parks around the City and if the median on Park Road 22 is piped for effluent water. City Manager Escobar stated that the City has been told by the Texas Department of Transportation (TxDOT) that there is piping for irrigation on Park Road 22. Mr. Escobar added that the new Broadway Plant would provide efficient water to expand effluent to Cole Park and other parks. Mr. Anaya reported that the City is also working on a water re -use master plan to address the City-wide needs for effluent. City Secretary Chapa polled the Council for their votes as follows: 7 Minutes — Regular Council Meeting September 8, 2009 — Page 8 18. MOTION NO. 2009 -250 Motion authorizing the City Manager or his designee to execute a construction contract with J.J. Fox Construction, Inc. of Portland, Texas in the amount of $634,036.50 for the Naval Air Station Corpus Christi (NASCC) Effluent Reuse Lift Station & Force Main for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, g Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on item 21 regarding amending the Code of Ordinances. Council Member Martinez asked if the City planned to renegotiate the water supply contracts within the 60 day p eriod of the temporary ordinance. Assistant City Manager Oscar Martinez stated that the amendment allows the City an opportunity to renegotiate the contracts with Alice Water Authority and Beeville Water Supply Districts to execute a take or pay contract and to accept the raw water rate. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028300 Ordinance temporarily suspending Section 55- 158(2), Code of Ordinances, City of Corpus Christi, and implementing a revised Reservoir Operations Plan for a 60-day period; providing for effective dates; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with 9 Y the followin g vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * * ** p Mayor Adame opened discussion on Item 28 regarding an amendment to the lease Y agreement with the Buccaneer Commission, Inc. for the 2009 Buccaneer Days Festival. Assistant City Manager er Marg ie Rose explained that the Buccaneer Commission is requesting a waiver of fees due to the swine flue scare, the Bayfront Redevelopment, and winds of 20 to 45 miles per hour during each night of Buc Days this year which resulted iniost revenues. Ms. Rose added that staff has reviewed the request and is recommending one -half of the estimated amount be waived with the Buc Commission a in the balance of $1 7,150. Barry Box, President and CEO of the Buccaneer p Y g Commission, stated that the Buc Commission has never been faced with these obstacles and asked that the Council consider this request. The followin g topics pertaining to this item were discussed: whether the re- routing on p Shoreline affected the Buc Days Parade; parking; the parking fees charged to the Buccaneer Commission from the American Bank Center; and other sources to fund this request including 4A funding. There was a concurrence from the Council to direct staff to look for other sources of funding. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 028307 Ordinance authorizing the City Manager or his designee to execute an amendment to lease agreement with the Buccaneer Commission, Inc. (" Commission ") for2009 Buccaneer Days Festival and related activities, to reduce the amount of costs paid by the Commission for city services to $17,150. —8— Minutes — Regular Council Meeting September 8, 2009 — Page 9 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" * * * * * * * * * * * * * Mayor Adame referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809 -01, Alicia Romero: A change of zoning from "AB" Professional Office District to a "B -1" Neighborhood Business District on property described as Phillips, Block A, Lots 14, 15 and adjacent 30 feet of Lot 16, generally located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-1" Neighborhood Business District. Interim Assistant Director of Development Services Faryce Goode -Macon provided a brief overview of the subject property and change of zoning. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 028301 Amending the Zoning Ordinance, upon application by Alicia Romero, on behalf of Alicia Romero and David Romero, by changing the Zoning Map in reference to Phillips, Block A, Lots 14, 15 and adjacent 30 feet of Lot 16, from "AB" Professional Office District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the followin g vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809 -03, Mary L. Molina: A change of zoning from "R -1 B" One-family Dwelling District to a "B -I" Neighborhood Business District on property described as Alameda Park, Block 6, Lot 31, g enerally located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of tY ry p the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "B -1A" Neighborhood Business District. The following topics pertaining to this item were discussed: the difference between the allowable uses in "B -1" and "B -1 A" zoning and whether there is a limitation to the number of vehicles that can park in the area. —9— Minutes — Regular Council Meeting September 8, 2009 -- Page 10 No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the ublic hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for theirvotes p g as follows: 24. ORDINANCE NO. 028302 Amending Zoning the Zonis Ordinance, upon application by Mary L. Molina, by changing the Zoning Map Ma in reference to Lot 31, Block 6, Alameda Park from "R -1 B" One- Family Dwelling District to "B -1 A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with 9 Y the followin g vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following street closure: 25.a. Public hearin g and First Reading Ordinance to consider abandoning and vacating a 9,955.05-square 955.05 -s foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive ublic right-of-way and west of the current Ocean Drive public right-of- way; subject to compliance with the specified conditions. Interim Assistant City Manager er of Development Services Johnny Perales explained that OHS Land, LTD, owner of the �Y r� e , is requesting to close the right -of -way on a portion of Ocean Drive P p and Alta Vista. Mr. Perales p rovided a map of the requested closure area. Mr. Perales added that the Council will need to take action on the repealing of the ordinance prior to the first reading. Mayor Adame called for comments from the audience. Don Crow, 110 Alta Plaza, stated that the residents affected by the closure do not oppose the changes however ask that the City address the ublic safety measures in the area. Carolyn Moon, 4902 Calvin, asked if the road would be cut p tY off on Alta Plaza. Mr. Perales explained that this item will close a section of the right-of-way and allow for that section to be sold to the owners of Markamay Estates. The following topics pertaining to this item were discussed: the two access routes to Alta g p p g Plaza; whether the street is going to be narrowed; how the fair market value was determined; the use of the property; ex ansion of the sidewalk; and the set back of the hedges on Ocean proposed p Drive. Mayor Adame made a motion to approve the ordinance with the addition that the property owner has to expand the sidewalk to a total width of 8 feet. The motion was seconded by Ms. Martinez. City Secretary polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, 9 g P "Aye"; . Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting Aye ; Scott was absent. y, , Mr. Marez made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa announced that Council would need to take action on item 25.b., repealing p p � votes as follows: Ordinance No. 7012 I %. Mr. Chapa polled the Council for their otes Minutes -- Regular Council Meeting September 8, 2009 — Page 11 25.b. ORDINANCE NO. 028303 Ordinance repealing Ordinance No. 7012 %, which authorized the City Managerto execute, for and on behalf of the City, a Revocable Easement for the use of a portion of public right - of -way and street of Ocean Drive, lying south of the south line of Lot-1 , Markamay Estates, and east of the easterly line of Lot 1, Block 'I , Alta Plaza, in the City of Corpus Christi, Nueces County, Texas. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. City Secretary Chapa polled the Council for their votes as follows: 25.a. FIRST READING ORDINANCE To consider abandoning and vacating a 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive public right -of -way and west of the current Ocean Drive public right -of -way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 26 regarding the adoption of an ordinance setting a tax rate of $0.563846 per $100 valuation. Interim Director of Finance Constance Sanchez explained that this item is the motion to adopt an ordinance setting the property tax rate for tax year 2009 at $0.563846 per $100 valuation. Ms. Sanchez provided a brief overview of the truth -in- taxation requirements. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, asked the Council to consider reducing the tax rate by $.00125. Mary Ann Kelly, 4302 Schanen, stated that when the valuation increases, the tax rate should decrease. Mr. Kieschnick made a motion that the property tax rate be increased by the adoption of a tax rate of $0.563846 per $100 valuation, which is effectively a 1.62 percent increase in the tax rate. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 028304 Ordinance setting a property tax rate of $0.563846 per $100 valuation. The ordinance prescribes the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2009 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizonid9, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Chesney and Scott were absent. Minutes — Regular Council Meeting September 8, 2009 — Page 12 Mayor Adame op ened discussion on Item 27 regarding the Homeless Prevention and Rapid Re-Housing Program. ram. Community Development Administrator Daniel Gallegos provided an overview of this item including a background; purpose of the program; the target population; the Request for 9 res process; Proposal the responsive agencies; the • four categories of assistance; and the p p p recommendation. Council Member Marez requested that staff provide an update on the results of the program in six (6) months. Council Member Scott asked for information on how individuals can receive information on this program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.a. RESOLUTION NO. 028305 Resolution authorizing the City Manager or his designee to accept a grant in the amount of g tY g $1,393,181 from the U.S. Department of Housing and Urban Development under the American Recovery and Reinvestment Act of 2009 to fund the Homeless Prevention and Rapid Re-Housing Program, and to execute related subrecipient agreements with Catholic p g g Charities for $357,841; Corpus Christi Metro Ministries for $357,840; C oastal Bend Center for Independent Living for $250,000; and the Salvation Army for $357,841 to provide p 9 homelessness prevention assistance, services, and activities. The foregoing resolution was passed and approved with the following vote: Adame, Adler, g 9 p Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 27.b. ORDINANCE NO. 028306 Ordinance appropriating rant of $1,393,181 from the U.S. Department of Housing and a grant Urban Development under the American Recovery and Reinvestment Act of 2009 for the Homeless Prevention and Rap id Re- Housing Program in the No. 1059 Grants Fund to provide homelessness prevention assistance, services, and activities. An emergency was declared, and the foregoing ordinance was passed and approved with � Y the followin g vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and i Scott, voting "Aye" * * * * * * * * * * * * * Mayor Adame referred to Item 30 regarding a report on "The Principal Story" documentary by KEDT -TV. Dawn Stubblefield, Education Consultant for KEDT, provided a brief overview of the documentary scheduled to air on September 15th on KEDT -TV illustrating the challenges principals ry p documentary schools face to educate the community. Ms. Stubblefield provided a short clip of the ry and encouraged the public to watch. Mayor Adame referred to Item 31 regarding the new Broadway Wastewater Treatment Plant project update. Dan Leyendecker, LNV Engineering, referred to a powerpoint presentation including � p Y the project schedule; project location; existing site plan; set back requirements; fencing and p 1 � p � landscaping plan; design criteria; construction phasing; architectural theme; east elevation; and p g p g good � re ood neighbor Director of Engineer Pete Anayaand Director Wastewater Foster C rove l l were available to respond to questions. —1 2- Minutes -- Regular Council Meeting September 8, 2009 — Page 13 The following topics pertaining to this item were discussed: whether the existing plant property will become developable; the number of acres of the non - project area; demolition; the cost of the project; the architectural theme; the peak flow permitted for the existing plant; whether additional development is expected for the area; the service area for the plant; and the number of infrastructure lines that will need to be replaced. Mayor Adame called for a recess until 4:00 p.m. * * * * * * * * * * * * * Mayor Pro Tern Marez called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the $8 million approved by the Council for the pipeline from Garwood. Norm Baker, p 9 9 14122 Cabana North, spoke regarding the island water tower logo. Trian Serbu, 14310 Playa del Re ,s oke regarding building adjacent to the coliseum and stated that the proposed projects are in Y p g g opposition to the Bayfront Master Plan. David Hoyt, 4353 Baldwin, commended the Council for pp Y ceasin g implementation im lementation of the storm water fees and spoke regarding the current storm water . char es Raynaldo Yrlas, 217 Tropical Lane, stated that the Memorial Coliseum should be repaired g Y and converted into a Veterans War Memorial Museum. Richard Loya, 1314 Tyler Avenue, spoke in favor of the Memorial Coliseum being used as a multi- events center and a facility for year round ice hockey skating. skatin . Francisco Rodriguez, 3535 Cottonwood, spoke in favor of the Memorial Coliseum as a multi- events center. David Brewer, 1006 Dorothy Drive, spoke regarding the increase in utility bills. Anne Matula f President of the Craft Training Center of the Coastal Bend, spoke in support of the Las Brisas j roect and the opportunities the project will bring to the community. Dan Creswell, p Federation of Independent Riders, spoke regarding the "Share the Road" campaign and Motorcycle Awareness month. Mr. Creswell urged all drivers to be aware of motorcyclists and asked the Council to consider putting up signs to protect motorcyclists. Weldon Miller, 10606 Westwood, spoke in p 9 p g p 1 support of keeping the Memorial Coliseum and using it as a multi -event center. Bob A g eo , 15529 Three Fathoms, spoke regarding an individual interested in changing the name of Padre Island and p 9 9 the logo on the island water tower. Jim Rickert, 4125 Western Drive, spoke regarding the "Share the Road" campaign and safety of motorcyclists. Abel Alonzo, 1701 Thames, thanked the council for approving items that assist the homeless and disabled including the 2008 Continuum Care Grant, p p 9 the Homeless Prevention and Rapid Re- Housing Program; and Bayfes t. Mayor Pro Tern itilarez called for a recess until 5:00 p.m. * * * * * * * * * * * * * Mayor Pro Tern Marez opened discussion on item 29 regarding a report and recommendations from the Memorial Coliseum Subcommittee with possible action on the recommendations. Emily Martinez, Economic Development, provided a brief overview of the request for proposal process; the proposals received; the selection of finalists; and the Memorial Coliseum p p p p p committee members. Ms. Martinez provided a summary of the Brass and National Swim Center Cor oration (NSCC) osals including the project name, project concept, the proposed veteransp p ro proposals the total 1 ro'ect costs; the request for City incentives; environmental additions; and p timeline. Ms. Martinez also discussed the Memorial Coliseum financial aspects as of September 8, 2009 for the Brass proposal; the NSCC proposal; and demolition. Minutes -- Regular Council Meeting September 8, 2009 — Page 14 John Bell, Wood, Boykin & Wolter, referred to a powerpoint presentation on the legal issues relating to the coliseum project including the Texas Historical Commission process; 2008 bond requirements; the master plan requirements; limitations on park lands; the initiative and referendum process; title restrictions and procedures for demolition. The following topics pertaining to the legal issues were discussed: the language in the Bond 2008 requirements that the City is required to accomplish a "realignment" of Shoreline Drive that will provide "a large pedestrian area (Bayshore Park) strongly connected to the water, McGee beach and the Coopers Alley L- Head "; the location of the park lands; and whether the existing parking lot is still considered dedicated park space. Jerry Cramer, Chairman of the Coliseum Committee, spoke regarding the positive aspects and challenges of each project; the RFP process; the companies that submitted proposals; the presentations; the request to change the proposals based on reduction of size; and the recommendations to the Council. Mr. Cramer asked the Council to make a decision based on the most positive impact for the City. Rick Rodriguez, President and CEO of Brass Real Estate Funds, introduced the presentation team including Diana Gonzales-Cibrain; Mike Shackleford; Tim Cones; and John Michaels. Mr. Rodriguez and his team referred to a powerpoint presentation including the vision of the project; an introduction of the company; a letter of financial assurance; the public amenities; redevelopment of the Memorial Coliseum; timeline for the restoration of the Coliseum; the veterans' memorial proposal; the project description and renderings; the mixed uses; the interactive splashzone; retail/ restaurants; the resort hotel; mid-rise residential; the transfer station and public parking garage; green features; sustainability; operation of an ice rink; occupancy and uses; project capitalization; the timeline for the development; economic impact and job creation. The following topics pertaining to the Brass proposal were discussed: renderings and size of the boardwalk; the number of apartment and hotel units; the committee's concern regarding the density of the development; whether the RFP required that the proposers include multi- family usage; the number of parking spaces and floors for the garage; whether Brass has a firm commitment from the Regional Transportation Authority (RTA); if the parking revenues will have to go to the RTA if federal funds are used; cost for parking; accessibility for the disabled; whether Brass will consider the $2 million contribution from the City at the end of the project; an estimate of the lease revenue the City will be receiving; whether Brass anticipates paying a lease to the City for the Coliseum and subject property; how long the grant process for federal funding of the veterans' memorial park will take and the amount of funding that will be requested; the total equity; the percentage Brass would anticipate utilizing if they received a Chapter 380 agreement or tax increment financing (TIF) agreement; if a contingency is incorporated in the Coliseum renovation; the term of the contract with the Ice Rays; liability of the City; the proposed height of the hotel; the definition of a landmark tourist destination; and consideration of concerts for young adults. Mayor Pro Tem Marez called for a 10-minute recess. Andrew Sarwal, Director of the National Swim Center Corporation (NSCC), introduced the presentation team including Fred Yea and Bill Harrison. Mr. Sarwal referred to a powerpoint presentation including the NSCC mission and vision; project description; economic development impact; health and safety benefits; veterans memorial; community support; and comparison of other redevelopment plans. Adam Scott, local USA swim coach, spoke regarding the number of athletes that attend regional swimming events. Minutes — Regular Council Meeting September 8, 2009 — Page 15 The following topics pertaining to NSCC proposal were discussed: the relationship between Alexandrina Management, NSCC, and USA Swimming; which organization would own the hotel; the NSCC financial commitment promissory note for $20 million in cash; non - responsiveness to questions in the RFP; the percentage of leveraging of funds; the ability to guarantee events and visitors; the total cost of the project; how the NCSS proposes to raise the balance of $82 million; the percentage of donations; community partnership; when NSCC expects to receive the $7 million from the City; the percentage that NSCC is willing to pay for the background check and economic impact study; the percentage of City participation required for the veterans' memorial; the height of the hotel; the location of the hotel; the other buildings on the site plan; the size of the boardwalk; encroachment on Shoreline; the amount of parking; avoiding a $7 million cash allocation from the City by establishing a 380 agreement or TIF agreement; the development fee; the types of venues the center is expected to attract; the number of participants that attend YMCA events; and whether NSCC could provide a confidential bank statement to the Council during an executive session. Mayor Adame called for comments from the audience. Huxley Smith, 1915 Thames, asked questions regarding whether the pool will be under or above ground; the height of the diving board; and the location of seating. Therese Perez, 325 Claremore, spoke regarding saving the Coliseum and development an explorer museum and a cultural art education attraction. Kathleen Huffmeyer, 518 Parade, stated that she did not hear any solid financial information or guarantees from either proposal. Bill Harrison, 4787 Ocean Drive, spoke in support of the swim center and bringing Olympic swimming to Corpus Christi. Didi Byerly, 7722 Jacinto, stated that there are approximately 300 local swimmers that travel to other facilities for swimming competitions and that money could be staying in the City. Ms. Byerly asked the Council to take the swimming option into serious consideration. Tim Byerly, 7722 Jacinto, spoke regarding the economic impact of the swim center. Jeanie Crisp, 4605 Mokry, asked questions regarding the desalinization of the swimming program and spoke in support of the swim center. John McCoy, 4542 Iron River Drive, stated that the swim center would provide a positive impact for the City and would promote healthy activity. Mr. McCoy said that the bayfront does not need any additional apartments. Larry Cashion, 401O Manhattan, spoke in support of development of the Memorial Coliseum and any avenue that beautifies the downtown area. Ryan Bennett, 4600 Ocean Drive and Ice Rays hockey player, stated that the team has to travel to practice because the City does not have a full time ice skating rink. Mr. Bennett added that having a full time rink would allow for more tournaments and youth venues in the area. Dr. Craig Silverman, League Director of the Youth Hockey League, stated that hockey is growing in Texas and that having a full time rink could grow youth hockey in the City and bring in state and national tournaments. Tim Lange, President and owner of the Ice Rays, responded to questions regarding a 15 -year commitment to the Brass group and negotiations with the American Bank Center. Mr. Kieschnick made a motion directing the City Manager to further investigate the response of BRASS Real Estate Funds to the City request for proposals relating to the lease of the Memorial Coliseum and development of adjacent City property, and to initiate preliminary negotiations aimed at developing a term sheet that addresses the basic terms of any leases, economic incentives, and other contractual arrangements. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: 29. MOTION NO. 2009 -254 Motion directing the City Manager to further investigate the response of BRASS Real Estate Funds to the City request for proposals relating to the lease of the Memorial Coliseum and development of adjacent City property, and to initiate preliminary negotiations aimed at developing a term sheet that addresses the basic terms of any leases, economic incentives, and other contractual arrangements. --15 -- Minutes — Regular Council Meeting September 8, 2009 — Page 16 The foregoing moticn was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott voting "No "; Adame and Chesney abstained. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 9:17 p.m. on September 8, 2009. * * * * * * * * * * * ** ■ 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM ■ 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 15, 2009 AGENDA ITEM: a. Motion removing Henry Garrett, Melody Cooper, Mike Hummell, Michael McCutchon, and George Noe from the Board of Directors of the North Padre Island Development Corporation and declaring their offices as vacant. ISSUE: b. Motion appointing Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Mark Scott as members of the Board of Directors of the North Padre Island Development Corporation to fill the unexpired term of the director they are replacing. Replacing former members of the City Council and the former City Manager on the Board of Directors of the North Padre Island Development Corporation ( NPIDC) with members of the current City Council Article IV of the Articles of Incorporation, as amended, authorizes the City Council to appoint not less than five (5) nor more than nine (9) persons to the Corporation's Board of Directors. Board members are normally appointed to two year staggered terms. Article IV also authorizes the City Council to remove any board member from office at any time, with or without cause. Normally, the members of the City Council, who do not have conflicts of interest, serve as the members of the Board. Currently four former council members (Henry Garrett, Melody Cooper, Michael McCutchon, and Mike Hummell) and the former City Manager (George Noe) serve as members of the Board. if the former council members and former City Manager are removed from the Board, vacancies would be available to appoint those members of the current City Council who do not presently serve to the Board. REQUIRED COUNCIL ACTION: Adoption of the two motions. PREVIOUS COUNCIL ACTIONS: 10/08/2002 Adopted Resolution 025040 approving formation of NPIDC. 02101/2009 Approved "Tri- Party" Agreement between the City, Tax Increment Reinvestment Zone #2 City of Corpus Christi (TIRZ #2), and NPIDC. 02/26/2008 Last annual meeting of NPIDC board. CONCLUSION AND RECOMMENDATION: Council should adopt the two motions that remove current directors and replace them with current members of the City Council. ge R. Escobar ?I/RP 1.161t4 007 ity Manager 'angele©cctexas.com 826 -3220 Attachments BACKGROUND INFORMATION on November 4, 2000, the City Council created the Tax Increment Reinvestment Zone #2, City of Corpus Christi, Texas (TIRZ #2). The preliminary financing plan addressed the financing of the City's cost share of the North Padre Island Storm Damage and Environmental Restoration Project being undertaken by the Corps of Engineers. The City's share was originally estimated at $10.5 million. In addition to the Corps project, the financing plan also recommended funding $750,000 for construction of the Padre Island seawall parking lot. The preliminary financing plan indicated that maintenance funds would be generated out of cash flow. on October 8, 2002, the City Council adopted resolution 025040 approving the formation of the North Padre Island Development Corporation ( "Corporation ") and approving its articles of incorporation and bylaws. The Corporation was organized for the purpose of aiding, assisting, and acting on behalf of the City of Corpus Christi, Texas ( "City ") in the performance of its governmental functions to promote the City, including, without limitation, the development of the geographic area of the City included or to be included in Reinvestment Zone Number Two, City of Corpus Christi, Texas ( "Zone ") and neighboring areas, as well as assisting the City and the Board of Directors of the Zone with respect to their respective duties and responsibilities under Chapter 311, Texas Tax Code, in furtherance of the promotion, development, encouragement, and maintenance of employment, commerce, economic development, and public facility development in the Zone. On February 1, 2003, the City Council authorized the "Tri -Party Agreement" between the City, the TIRZ #2, and the Corporation. That agreement spells out the responsibilities of the Corporation. The Corporation is responsible for the following: • Aiding, assisting, and acting on behalf of the City and the Zone Board. • Preparing and implementing a Project Plan and a Financing Plan for the Reinvestment Zone. • Assist in the preparation of amendments to the Project Plan and the Financing Plan. (Note: Any amendments to the Project Plan and the Financing Plan are not be effective until approved by the City.) • Financing of the improvements described in the Project Plan under the Financing Plan. • Providing other services as further described in this Agreement. The Corporation has the authority to issue, sell, or deliver its bonds, notes, or other obligations in amounts necessary to provide for the construction of the improvements; the funding of any necessary reserve funds or capitalized interest accounts; and the payment of the costs of issuance of such bonds, notes, or other obligations. The Corporation actually issued the bonds for the Packery Channel project. The City and the Reinvestment Zone agreed to pay for the Corporation's activities performed under the Agreement from tax increments, including providing management and administration for the Reinvestment Zone, providing the services and improvements, and otherwise performing the functions set forth in the Agreement. The Corporation and the City coordinated their activities with the Corps of Engineers with respect to the commencement, financing, and construction of the improvements. The Corporation was authorized to directly transfer to the Corps, or to the City for transfer to the Corps, the funds derived from Bond Proceeds to provide funding for the City's share of the costs of the improvements to be constructed by the Corps, as described in the Bond Documents. The bonds are repaid by the Corporation from payments made by the City and the Reinvestment Zone to the Corporation under the Agreement. The Limited Offering Memorandum dated June 21, 2006 for the $2,900,000 North Padre Island Development Corporation Tax Increment Contract Revenue Bonds Series 2006 describes the project plan approved by the City Council on February 25, 2003, set forth the public improvements that would be constructed on the project site. The Zone Project Costs were estimated at $10,733,049 (which could increase or decrease based on actual project costs). The Zone Project Costs included the City's portion of the $30,656,948 total project costs, approximately $700,000 for recreation improvements, $800,000 for parking costs, and to establish a maintenance reserve. Since the initial project plan and financing plan were developed the City has developed a public access plan for the Packery Channel Project. This plan is described in §10 -52, Code of Ordinances, which is part of the City's General Land Office approved beach and dune rules. That section along with Appendices XV and XVI of the beach and dune call for the construction of a roadway and parking lots along the north side of the Packery Channel and a public bathhouse with handicapped ramps. On the south side of the channel another public bathhouse will be constructed. The improvements are detailed on a series of engineering drawings that are referred to as the Packery Channel "6- Pack." The City has also identified the need to participate in the reconstruction of Zahn Road, the major beach access road on the north side of the channel, which also provides access to the planned recreational improvements along the north side of the channel. Since the Project Plan and Financing Plan need to be amended, the Corporation's Board needs to meet and recommend the revised plans to the Zones Board and City Council. The meeting is scheduled for the morning of September 22, 2009. After the Board meets, the Board of Directors of TIRZ #2 will meet to formally adopt the plans for submission to and approval by the City Council at its meeting. Article IV of the Articles of Incorporation, as amended, authorizes the City Council to appoint not less than five (5) nor more than nine (9) persons to the Corporation's Board of Directors. Board members are normally appointed to two year staggered terms. Article IV also authorizes the City Council to remove any board member from office at any time, with or without cause. Normally, the members of the City Council, who do not have conflicts of interest, serve as the members of the Board. Currently four former council members (Henry Garrett, Melody Cooper, Michael McCutchon, and Mike Hummel') and the former City Manager (George Noe) serve as members of the Board. Staff recommends removing the former council members and former City Manager from the Board and appointing those members of the current City Council who do not presently serve on the board. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 15, 2009 AGENDA ITEM: Motion appointing two new members of the Board of Directors of the Tax Increment Reinvestment Zone No. 2, City of Corpus Christi. ISSUE: The City Council is allowed to have ten appointments to the Board of Directors of the Tax Increment Reinvestment Zone No. 2, City of Corpus Christi (TIRZ #2). There are currently eight directors appointed by the City Council -- Melody Cooper, Larry Elizondo, Henry Garrett, Mike Hummell, Priscilla Leal, Michael McCutchon, John Marez, and Nelda Martinez. The terms of the current City directors expire on November 1, 2009. REQUIRED COUNCIL ACTION: Adoption of the motion. PREVIOUS COUNCIL ACTIONS: 11114/2000 Adopted Ordinance 024270 establishing TIRZ #2 and related Motions 2000-396, 2000 -408, and 2000 -409. CONCLUSION AND RECOMMENDATION: Attachments Council should adopt the motion to add two additional current members of the City Council to the Board of Directors of T I RZ #2. l'ae-041 007 I R. Escobar ity Manager 'angele @cctexas.com 826 -3220 BACKGROUND INFORMATION on November 4, 2000, the City Council created the Tax Increment Reinvestment Zone #2, City of Corpus Christi, Texas (TIRZ #2). The preliminary financing plan addressed the financing of the City's cost share of the North Padre Island Storm Damage and Environmental Restoration Project being undertaken by the Corps of Engineers. The City's share was originally estimated at $10.5 million. In addition to the Corps project, the financing plan also recommended funding $750,000 for construction of the Padre Island seawall parking lot. The preliminary financing plan indicated that maintenance funds would be generated out of cash flow. The Limited Offering Memorandum dated June 21, 2006 for the $2,900,000 North Padre Island Development Corporations Tax Increment Contract Revenue Bonds Series 2006 describes the project plan approved by the City Council on February 25, 2003, set forth the public improvements that would be constructed on the project site. The Zone Project Costs were estimated at $10,733,049 (which could increase or decrease based on actual project costs). The Zone Project Costs included the City's portion of the $30,656,948 total project costs, approximately $700,000 for recreation improvements, $800,000 for parking costs, and to establish a maintenance reserve. Since the initial project plan and financing plan were developed the City has developed a public access plan for the Packery Channel Project. This plan is described in §1 0 -52, Code of Ordinances, which is part of the City's General Land Office approved beach and dune rules. That section along with Appendices XV and XVI of the beach and dune call for the construction of a roadway and parking lots along the north side of the Packery Channel and a public bathhouse with handicapped ramps. On the south side of the channel another public bathhouse will be constructed. The improvements are detailed on a series of engineering drawings that are referred to as the Packery Channel "6- Pack." The City has also identified the need to participate in the reconstruction of Zahn Road, the major beach access road on the north side of the channel, which also provides access to the planned recreational improvements along the north side of the channel. Since these additional projects are not included in the adopted Project Plan and Financing Plan, those plans need to be amended. The Board of Directors of the North Padre Island Development Corporation will recommend revised plans to the TIRZ #2 Board, which will need to meet and adopt the revised plans. A meeting of the TIRZ #2 Board is scheduled for the morning of September 22, 2009. After the Board meets, the plans will be submitted to the City Council for approval at its meeting that afternoon. 6 ■ CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/15/09 AGENDA ITEM: APPROPRIATING $15,144 OF THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR THE PAYMENT TO THE VOLUNTEER CENTER OF THE COASTAL BEND FOR MUNICIPAL COURT COMMUNITY SERVICE PROGRAM; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $15,144; AND DECLARING AN EMERGENCY. ISSUE: In September 2008 the Volunteer Center notified the City that they were having budget issues. City staff met with the Volunteer Center to discuss the issues and possible solutions. The main problem was some of the defendants given community service were not showing up at the Volunteer Center and thus not paying their participant fees. In an effort to rectify this situation the Volunteer Center provided staff to be housed at Municipal Court. City staff agreed to cover the costs of the Volunteer Center staff if this effort did not solve the problem. Unfortunately, after a 4 month trial period it was determined the effort was not succeeding and it was dropped. The budgeted appropriation for the Volunteer Center was $8,450 -- the deficit for the year ended up at $23,594, leaving a shortfall of $15,144. Council action is needed to reimburse the Volunteer Center for the costs incurred for this effort. RECOMMENDED COUNCIL ACTION: Approval of Ordinance to increase appropriations is recommended. C4147\— Eddie Houlihan Assistant Director of Management & Budget EddieHo @cctexas.com (361)826 -3792 ORDINANCE APPROPRIATING $15,144 OF THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR THE PAYMENT TO THE VOLUNTEER CENTER OF THE COASTAL BEND FOR MUNICIPAL COURT COMMUNITY SERVICE PROGRAM; CHANGING THE FY 2009- 2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1 020 BY $15,144; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $15,144 of the Unreserved Fund Balance in the General Fund No. 1020 is appropriated for the payment to the Volunteer Center of the Coastal Bend for Municipal Court community service program. SECTION 2. That the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed to increase expenditures in the General Fund No. 1 020 by $15,144. SECTION 2. That upon written request of the Mayor or five Council y members, copy attached, the City Council (1) finds and declares an emergency due g y to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and . p takes effect upon first reading as an emergency measure this the day of 9. 200 Y ATTEST: Armando Chapa City Secretary APPROVED: September 8, 2009 ity,? ,CiA; Lisa Aguil6) Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 g g emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 G. Leal John E. Marez Nelda Martinez Mark Scott ■ 7 AGENDA MEMORANDUM City Council Action Date: September 15, 2009 SUBJECT: Bear Lane from Old Brownsville Road to South Padre Island Drive Project No. 6463/ C I P Bond issue 2008 ST 02 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a 0 9 Contract for Professional Services with Coym, Rehmet and .Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $1,070,830 for Bear Lane from Old Brownsville Road to South Padre Island Drive. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond issue 2008 Package g under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase and construction phase; and requires q City Council approval. FUNDING: Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 826 -1801 fosterc • cctexas. V . - le Gray, P Di tor of Storm at - r and Str 826 -1875 or 826 -187 varerieg(cctexas. corn et Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "0" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 e an • cct- . s.com gaa, Gus . vo Gonzalez, P.E. Direc or of Water S - rvices 826 -1: 74 gu stavogo( cctexas, com H :IHOME1Ketly0IGENISTREETS16453- Bear Lane from Old Brownsville Road to SPITU4033Tonsultant12 AGENDA MEMO doc AGENDA BACKGROUND INFORMATION SUBJECT: Bear Lane from Old Brownsville Road to South Padre Island Drive Project No. 6463/ C I P Bond Issue 2008 ST 02 PROJECT DESCRIPTION: Bear Lane improvements will consist of the reconstruction and widening of the existing two -lane roadway to an arterial (A -1 ) four -lane roadway with a continuous left turn lane, curb and gutter, sidewalks, driveways, storm water improvements, including replacement of the major bridge /culvert structure for the "Enterprise Reach" Channel, water improvements, wastewater improvements and the installation of improvements to meet TAS standards as administered through TDLR. Associated improvements such as pavements markings, traffic signage /traffic control and miscellaneous appurtenances will be made as required. CONTRACT DESCRIPTION: The Consultant, Coym, Rehmet & Gutierrez Engineering, L.P., will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases described further below: The preliminary design phase will provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a Design Memorandum which includes designs, drawings, and a written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase will include participating in the pre -bid meeting, assist City in solicitation of bids, attend bid opening and award recommendations. The construction phase includes participation in pre - construction meeting, contracting and testing submittal reviews, general correspondence, preparation of change orders as authorized by the City, and participation in the final inspection /warranty period. Additional services include permitting, topographic survey, environmental issues, construction observation services, warranty phase, hydro - excavation, public meetings and sanitary sewer cleaning and video survey. 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. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $163 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —44— EXHIBIT "A" PaneIofI PRIOR PROJECT ACTIONS SUBJECT: Bear Lane from Old Brownsville Road to South Padre Island Drive Project No. 6463/ CIP Bond Issue 2008 ST 02 PRIOR COUNCIL ACTION: 1, November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $ 152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16. 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $153,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (85 local and 120 non - local). 2. October 14. 2008 -- Addendum No.1 to the Request for Qualifications (RFQ) No. 2008 - 05 Bond Issue 2008 and Other Projects to 206 engineering firms (85 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (85 local and 120 non- local). H:IHOME\KeflyO\GENISTREETS16463- Sear Lane from Old Brownsville Road to SPIELE14511Consultant14 PRIOR ACTIONS.dac CONTRACT SUMMARY SUBJECT: Bear Lane from Old Brownsville Road to South Padre Island Drive Project No. 6463/ CIP Bond Issue 2008 ST 02 1. SCOPE OF PROJECT The section of Bear Lane bound between SPID and Old Brownsville Road is currently a two - lane rural roadway section with drainage ditches on both sides. Bear Lane improvements will consist of the reconstruction and widening of the existing two -lane roadway to an arterial (A-1) four -lane roadway with a continuous left turn lane, curb and gutter, sidewalks, driveways, storm water improvements, including replacement of the major bridge /culvert structure for the "Enterprise Reach" Channel, water improvements, wastewater improvements and the installation of improvements to meet TAS standards as administered through TDLR. Associated improvements such as pavement markings, traffic signage /traffic control and miscellaneous appurtenances will be made as required. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, 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. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE ACTIVITY DATE Begin Design Memorandum Phase September 15, 2009 Begin Design Document Phase December 15, 2009 Interim Submittal June 30, 2010 Prefinal Submittal July 30, 2010 Final Submittal August 30, 2010 Advertise For Bids September 13, 2010 Pre -Bid Conference October 6, 2010 Receive Bids October 13 2010 Begin Construction December 15, 2010 Construction Completion February 15, 2012 —46— EXHIBIT "C" Page 1 of 2 4. SUMMARY OF FEES ea For Basic Services . Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees 41,378 179,015 5,197 33,675 259,265 Stormwater Water 28,963 125,301 3,638 MOM 181,473 28,556 123,544 3,587 23,240 178,927 Waste Water 188 815 ME= 154 1,180 Totals 99,085 428,675 12,445 80,640 620,845 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) (AUTHORIZED) TxDOT Texas Department of License and Regulation Total Permitting 3,310 2,168 2,167 4,335 3,310 2. Topographic Survey (AUTHORIZED) 35,597 24,916 24,567 162 85,242 3. Environmental Issues 4. Construction Observation Services 101,320 5. Warranty Phase 2,067 70,919 1 ,447 69,925 1,427 TBD 461 242,625 9 4,950 6. Hydro - Excavation (AUTHORIZED) 7. Public Meeting (AUTHORIZED) 15,848 2,735 11,093 1,915 10,937 1,888 72 12 37,950 6,550 8. Sanitary Sewer Cleaning & Video (AUTHORIZED) 65,023 65,023 Subtotal for Additional Services (Allowance) 160,877 112,458 110,911 65,739 449,985 Total Authorized Fee 420,142 293,931 289,838 66,919 1,070,830 The estimated cost of construction for Bear Lane from Old Brownsville Road to South Padre Island Drive is $8,234,757. The basic services fee for the project is $620,845. Therefore, the percentage of basic engineering services cost to construction cost is 7.54 %. -47- 11,1Ai L4121Vafk.rllr =C IC' TDEL.re►rwra e__ rises n _ _ lR1_ T _ _ 1 . - RT.T ..r ••1.1e1r1_ nrtizrnr. • "R. nrr... .... • \Mproject councilexhibits \ exh 6463. d wg PROJECT L OCA TION Bear Lane from Old Brownsville Road to South Padre Island Drive FJt. 43 FM 2444 LOCATiON MAP NOT TO SCALE Oso Creek PROJECT # 6463 EXHIBIT "D" BEAR LANE FROM OLD BROWNSVILLE ROAD TO SOUTH PADRE ISLAND DRNE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of I DATE: 08 -26 -2009 MOP NMI IINIM .rw ■ 8 AGENDA MEMORANDUM SUBJECT: 49th Annual Texas Jazz Festival AGENDA ITEM: DATE: September 15, 2009 Motion authorizing the City Manager, or his designee, to issue a permit for the temporary street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald Street from Chaparral Street to Mesquite Street for the 49th Annual Texas Jazz Festival, starting on Friday, October 15, 2009 at 8 :00 am. through Monday, October 19, 2009 at 8 :00 a.m., pending the Certificate of Insurance to be submitted two weeks prior to the event and upon meeting the conditions and requirements for permit in Sec. 49 -17. ISSUE: Event Organizer, Richard Sanchez, has requested the temporary street closure of Hughes Street and Fitzgerald Street between Chaparral Street and Mesquite Street starting on Friday, October 16, 2009 at 8 :00 a.m. through Monday, October 19, 2009 at 8 :00 a.m., to be approved by the City Council for the 49th Annual Texas Jazz Festival, pending the Certificate of Insurance to be submitted two weeks prior to the event. Section 49 -17(a) of the City Code of Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. REQUIRED COUNCIL ACTION: Street closing permits for events require City Council approval, pending Certificate of Insurance to be submitted two weeks prior to the event. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. -fit Pete Anaya, P.E., Director of Engineering Services � /ors /ter Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map Exhibit "C" Street Closure Application (pending insurance two weeks prior to the event) BACKGROUND INFORMATION Background Information: The Texas Jazz Festival Society will host their "49th Annual Texas Jazz Festival" starting on Friday, October 16, 2009 at 5:00 p.m., through Monday, October 19, 2009 at 8 :00 a.m. In previous years the Texas Jazz Festival has been held in Heritage Park. This is the second year, The Texas Jazz Festival Society has expanded their entertainment venues; therefore, is requesting the temporary street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald Street from Chaparral Street to Mesquite Street. The 49th Annual Texas Jazz Festival is a free event to the public that will have more than 55 entertainment groups on three different stages. Arts and Crafts Activities booths will be set up for all to enjoy as well as various venders. The Texas Jazz Festival Society will have to provide the Certificate of Insurance two weeks prior to the event. EXH I BT "A" Page I of 'i _52— N SCALE: 1"=350' 9REWSTER ST. ' L L 0 0' 0 0 CONVENTION CENTER AMERICAN BANK ARENA ®- STREET CLOSURE 49tn ANNUAL TEXAS )AZZ FESTIVAL EVENT SITE POWER ST, giili EXHIBIT "B" - II= SUB)ECT: STREET CLOSURES 49th ANNUAL TEXAS JAZZ FESTIVAL - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. _53- Ciy of Cornus Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: Texas Jazz Festival Society a. Address: 4214 Valley Circle b. City: Corpus Christi State: Texas Zip: 78413 c. Phone #: 361/688-1296 Fax #: 361/808-9515 d. Email: ,rick.sanchez Tatt.net 2. Name of Proposed Event: The Texas Jazz Festival 3. Date of Planned Event: October 16- 18,2009 4. Key Contact Individual Rick Sanchez Phone #: 361/688-1296 S. 5. Street(s) Requested for Closure, Dates and Times of Day: DESCRIBE: Hushes and Flizaerafd from OhaDarral to Mesauite 4: 00-inidnfaht Friday 100am -100 am Saturday 1 OOam4o: 00Dm Sunday 6. Purpose of Event and Detailed Description of Activities Planned: The Texas Jazz festival is a 3 day music event free to the public for 48 years. Last year we had over 70 000 in attendance from all over the state and country 7. List foods and beverages to be served: ,15-17 vendors selling a variety of festival foods. The Jazz Socie will be sellin ' the soft drinks wine and beer. Page 1 of 8 -54- Exhibit "C" 8. Services Requested by the City: To close the named streets. 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, - . g ooms, f rs# aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling dl ng application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). } 11. Attach an official letter of transmittal requesting approval roval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for public event, the tY P , applicant or sponsoring organization agrees to comply with the following applicable 9 PP conditions: A. Admittance to said event shall be free; E. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %} of the gross receipts derived from event, or reimburse P mburse the City for all costs incurred by the City in support of said event. Accurate financial records rds shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the � t e attached Exhibit A , E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic n En ineeri g � 9 Division lon and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessa ry for safe control of the event. G. managers; *Require written notice and notice to be given to tenants and and , nd posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; P P f 1. Obtain the appropriate alcohol and food permits required by State and Local authorities, , at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; • p y security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 K. All construction of booths, stages, displays, electrical services and plumbing shall comply with p 9 PY with City Codes. The final layout of booths shall be approved by the Director of Parks and . Y Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre-event .. p condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that - - = c • ditions have been met must be resented to the City ty Traffic E r or r e � , uest being submitted to the City Council for final approval tY pP Ever4 Ch 'rman s = n' r Signati.0", / , 4 )/4.1.1. 45.esiet,: Sponsoring Organi tin V*, The Texas Jazz Festival Socie li D m fitted For more information p lease contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 - 8264547 • Fax: 3614264545 1201 Leopard St. Corpus Christi TX 78401 • Po Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing blocking g or 9 of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right-of-Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1 ,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of insurance furnished to the Traffic Engineering Division pri Qt40 the propose • bloc gerunder this permit. wit - (our) . rn * ) t f • ;V date of 20 KNOW ALL MEN BY THESE PRESENTS Page 4 of 8 Applicant Signature Company ame EXHIBIT A - INSURANCE REQUIREMENTS 1 PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must famish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is rewired on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 91'day written notice of cancellation, non - renewal, material' change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate r COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 1. Products/ Completed Operations Hazard 2. Contractual Liability 6. Broad Form Property Damage 7. independent Contractors $1,000,000 COMBINED SINGLE LIMIT ■ 9 AGENDA MEMORANDUM PUBLIC HEARING --- ZONING (City Council Action Date: September 15 , 2009) Case No. 0709 -02, Shrub Oak, LLC: A change of zoning from an "RE" Residential Estate District to an "I- 2" Light Industrial District resulting in a change of land use from Unimproved to Self Storage Facility described as 6.514 acres out Lot 1, Section 50, Flour Bluff & Encinal Farm & Garden Tracts, Vol. A, Pgs. 41 -43, Map Records, Nueces County, Texas, generally located approximately 700 feet south of Gienoak Road, on the east side of Flour Bluff Drive, west of Waldron Road, and north of Caribbean Drive. Planning Commission's and Staffs Recommendation (July 22, 2009): . Denial of the "I -2" Light Industrial District and, in- lieu - thereof, approval of a "B -3" Business District with a Special Permit for outdoor storage, subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B- 3" Business District is an outdoor storage facility specified on the site plan for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property. 2. Height Hazard: Property is subject to the City's Military Airport Height Hazard Ordinance. 3. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 4. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 for phase one of this multi -phase project on 6.514 acres and in compliance with all other conditions. Note: The Applicant will be required to submit a professionally drawn site plan for the proposed project prior to scheduling a City Council hearing date. Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: . Request: The applicant is requesting a change of zoning on an area consisting of 283,730.50 sq. ft. (6.514 acres) from the "RE" (Residential Estate) Zoning District to the "I -2" (Light - Industrial) Zoning District, for the development of an environmentally green mini storage facility with some outdoor, covered storage for boats and RVs. Existing Zoning: The subject property is zoned "RE" Residential Estate District. The purpose of the Residential Estate District is to provide for single-family residential development of a spacious character on lots not less than one (1) acre. The minimum front yard setback is 50' with a minimum side and rear yard setbacks of 25'. The maximum number of units per acre is one (1) and minimum lot width being 150'. 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 "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. Site Existing Land Use: The subject property is6urCently vacant. Agenda Memo Case No. 0709 -02 (Shrub Oak, LLC) Page 2 Future Land Use: The adopted Future Land Use Map indicates that the subject property and the adjacent property to the east are recommended for Low - Density Residential use The property to the south and west of the subject property is assigned a Public /Semi- Public land use and a partial Low - Density Residential use. The property to the north is assigned a Commercial land use under the Future Land Use Map. Plat Status: The subject property is not platted. Project Information: The Applicant is proposing to construct a sustainable "green" mini storage facility with some outdoor, covered storage for boats and RVs, designed to complement and provide service to the existing and future neighboring residential and commercial developments. The Applicant is proposing to utilize wind power generators and solar panel roofs to provide power to the proposed air conditioned units and the powered mechanical gates. The Applicant is also proposing to install water wells for cleaning the units, and irrigation of the onsite landscaping; permeable, hard - packed recycled concrete surfaces for drives and paths to control rain water run -off; an on-site 1 00 year flood plain approved detention pond or similar system to help with on -site drainage and water storage; a private sewer treatment system for the 2 toilets and 5 washbasins being installed; and on -site native brush and oak landscaping, as well as any additional landscaping required by the City's Landscaping Code. The project is proposed in stages to accommodate future growth. The Applicant proposes to construct a mixture of climate - controlled and garage -style storage units as well as covered parking with solar - paneled roofs for boat and recreational vehicle storage. The first stage proposed will utilize no more than 2 acres, or 1/3 of the subject property, and the enclosed area will be no larger than 15,000 sq. ft. to start. Units will be constructed of metal or steel materials. The Applicant is also willing to provide a pedestrian sidewalk or path on the frontage of the property. Transportation and Circulation: The subject property is located on Flour Bluff Drive, which is classified as an A -1 Minor Arterial undivided right -of -way. Minor Arterials provide for citywide and inter - neighborhood traffic mobility, but function at a lower level then the Secondary Arterials. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Street R.O.W. Street F lour Bluff Drive Urban Transportation Plan Type A -1 Minor Arterial Existing ROW and Paved Section Planned ROW and Paved Section 60 foot, 25' paved, 2 lanes 95'. w /center turn lane, 4 lanes. Traffic Volume 2005 NA Infrastructure Demand: • +• Water: The City of Corpus Christi has a 6 inch water line along Flour Bluff Drive, according to the City's Water Master Plan, a 12" water line is proposed along Flour Bluff Drive, fronting the subject property. + :• Wastewater: No wastewater line exists along the property line. The closest connection point is approximately 2500 feet north on Flour Bluff Drive. •:* Stormwater: No stormwater lines exist. The draft Stormwater Master Plan indicates an alignment of the Wagner channel along Cienoak Drive to the north of the property, but no other changes for stormwater along Flour Bluff Drive are indicated. •:* Gas: A gas line exists for service along Flour Bluff Drive. -62-- Public Safety: ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics show a 24.5% decrease in crime rates from 1993 to 2005. In 1993, 1261 crimes were reported versus 839 crimes reported in 2005. ❖ Fire: The closest Fire Station is Station #13, located approximately 2.25 miles from the subject property at 1801 Waldron Road. •:• AICUZ: The subject property is located directly adjacent to, but outside of, a Waldron Naval Air Field "Clear Zone" and "Accident Potential Zone 1". ❖ Environmental Constraints: .FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. ❖ Soil Type: Galveston and Mustang Fine Sands. Drainage Capability: Somewhat excessively drained soils Depth to water table: 32 to 72 inches Frequency of flooding: Occasional Frequency of ponding: None. *:• Wetlands: Freshwater Emergent Wetlands, (Class "PEMIA'9, exist onsite, and are characterized by erect, rooted, herbaceous hydrophytes, present for most of the growing season in most years, and dominated by perennial plants. Surface water is present for brief periods during the growing season, but the water table usually lies well below the soil surface. Relationship to Smart Growth (See Attachment 14): Staff has rated the relationship of the rezoning request to Smart Growth Principles, and the proposed project receives 3 stars out of a possible 5 star rating. Comprehensive Plan Consistency: Notification: Of the five (5) notices mailed to the surrounding property owners, one (1) notice was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not 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/ej (Wit , \1/4/: Juan Perales, P.E., Interim Assistant City Manager of Development Services Email: johnnypcctexas.com Phone: 361 -826 -3828 -63- Attachments: 1. Zoning Report 2. Planning Commission Minutes 1 Ordinance (and site plan if appropriate) Agenda Memo Case No. 0709 -02 (Shrub Oak, LLC) Page 4 LIA) Senior Planner H:1PLN- DIR\SHARED\ I. Planning Commission\2009 pt0910709 -02 Shrub Oak, LLCIAGENDAMEMO 0709- 02.doc CITY COUNCIL ZONING REPORT Case No.: 0709 -02 Planning Commission Hearing Date: July 22, 2009 Applicant & Legal Description Applicant: Shrub Oak, LLC Owner: Robert Bryan Johnson Representative: Shrub Oak, LLC Address: 15338 S. South Padre Island Drive, Corpus Christi, Texas 78418 Legal Description/Location: 6.514 acres out of Lot 1, Section 50, Flour Bluff & Encinal Farm & Garden Tracts, Vol. A, Pgs. 41 43, Map Records, Nueces County, Texas, generally located approximately 700 feet south of Gienoak Road, on the east side of Flour Bluff Drive, west of Waldron Road, and north of Caribbean Drive. Zoning Request From: "RE" (Residential Estate) Zoning District To: "I -2" (Light - Industrial) Zoning District Area: 283,730.50 sq. ft. (6.514 acres) Purpose of Request: To allow for the development of an environmentally green mini storage facility with some covered boat and RV storage. Zoning Existing Land Use Future Land Use Sate "RE" (Residential Estate) District Vacant Low Density Residential North "RE" (Residential Estate) „ /"B-3” (Business) District Vacant Commercial East "RE" (Residential Estate) . Distract Vacant Low Density Residential South "F -R" (Farm- Rural) District Vacant/Public-Semi- Public Public - Semi - Public West "F -R" (Farm -Rural District Vacant/Public -Semi- Public Public - Semi - Public ADP, Map & Violations Area Development Plan: This tract of land is located in the Flour Bluff Area Development Plan and is planned for Residential Estate, Single Family Dwelling use, so the proposed change in zoning from the "RE" (Residential Estate) Zoning District to the "I -2" (Light - Industrial) Zoning District is not consistent with the ADP. The proposed change in zoning is not consistent with the adopted Future Land Use Map which designates the area for Low Density Residential use. Map No.: 037029 Zoning Violations: None Staff Summary: Request: The applicant is requesting a change of zoning on an area consisting of 283,730.50 sq. ft. (6.514 acres) from the "RE" (Residential Estate) Zoning District to the City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 2 "I -2" (Light - Industrial) Zoning District, for the development of an environmentally green mini storage facility with some outdoor, covered storage for boats and RVs. Existing Zoning: The subject property is zoned "RE" Residential Estate District. The purpose of the Residential Estate District is to provide for single- family residential development of a spacious character on lots not less than one (1) acre. The minimum front yard setback is 50' with a minimum side and rear yard setbacks of 25'. The maximum number of units per acre is one (1) and minimum lot width being 150'. 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 "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. Site Existing Land Use: The subject property is currently vacant. Future Land Use: The adopted Future Land Use Map indicates that the subject property and the adjacent property to the east are recommended for Low- Density Residential use. The property to the south and west of the subject property is assigned a Public/Semi- Public land use and a partial Low- Density Residential use. The property to the north is assigned a Commercial land use under the Future Land Use Map. Plat Status: The subject property is not platted. Project Information: The Applicant is proposing to construct a sustainable "green" mini storage facility with some outdoor, covered storage for boats and RVs, designed to complement and provide service to the existing and future neighboring residential and commercial developments. The Applicant is proposing to utilize wind power generators and solar panel roofs to provide power to the proposed air conditioned units and the powered mechanical gates. The Applicant is also proposing to install water wells for cleaning the units, and irrigation of the onsite landscaping; permeable, hard - packed recycled concrete surfaces for drives and paths to control rain water run -off; an on -site 100 year flood plain approved detention pond or similar system to help with on -site drainage and water storage; a private sewer treatment system for the 2 toilets and 5 washbasins being installed; and on -site native brush and oak landscaping, as well as any additional landscaping required by the City's Landscaping Code. The project is proposed in stages to accommodate future growth. The Applicant proposes to construct a mixture of climate- controlled and garage -style storage units as well as covered parking with solar - paneled roofs for boat and recreational vehicle storage. The first stage proposed will utilize no more than 2 acres, or 1/3 of the subject property, and City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 3 the enclosed area will be no larger than 15,000 sq. ft. to start. Units will be constructed of metal or steel materials. The Applicant is also willing to provide a pedestrian sidewalk or path on the frontage of the property. Transportation and Circulation: The subject property is located on Flour Bluff Drive, which is classified as an A -1 Minor Arterial undivided right -of -way. Minor Arterials provide for citywide and inter - neighborhood traffic mobility, but function at a lower level then the Secondary Arterials. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Flour Bluff Drive A -1 Minor Arterial 60 foot, 25' paved, 2 lanes Planned ROW and Paved Section 95'. w/center turn lane, 4 lanes. Traffic Volume 2005 NA Infrastructure Demand: • ;• Water: The City of Corpus Christi has a 6 inch water line along Flour Bluff Drive, according to the City's Water Master Plan, a 12" water line is proposed along Flour Bluff Drive, fronting the subject property. ••• Wastewater: No wastewater line exists along the property line. The closest connection point is approximately 2500 feet north on Flour Bluff Drive. ••• Stormwater: No stormwater lines exist. The draft Stormwater Master Plan • indicates an alignment of the Wagner channel along Glenoak Drive to the north of the property, but no other changes for stormwater along Flour Bluff Drive are indicated. ❖ Gas: A gas line exists for service along Flour Bluff Drive. Public Safety: ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics show a 24.5% decrease in crime rates from 1993 to 2005. In 1993, 1261 crimes were reported versus 839 crimes reported in 2005. • *• Fire: The closest Fire Station is Station #13, located approximately 2.25 miles from the subject property at 1801 Waldron Road. • +• AICUZ: The subject property is located directly adjacent to, but outside of, a Waldron Naval Air Field "Clear Zone" and "Accident Potential Zone 1". Environmental Constraints: City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 4 ❖ FEMA Flood Zone: The property is located in FEMA flood zone C, areas of minimal flood hazard. • Soil Type: Galveston and Mustang Fine Sands. Drainage Capability: Somewhat excessively drained soils Depth to water table: 32 to 72 inches Frequency offloading: Occasional Frequency of ponding: None. • Wetlands: Freshwater Emergent Wetlands, (Class "FEM1A'), exist onsite, and are characterized by erect, rooted, herbaceous hydrophytes, present for most of the growing season in most years, and dominated by perennial plants. Surface water is present for brief periods during the growing season, but the water table usually lies well below the soil surface. Relationship to Smart Growth (See Attachment 14): Staff has rated the relationship of the rezoning request to Smart Growth Principles, and the proposed project receives 3 stars out of a possible 5 star rating. Comprehensive Plan Consistency: CORPUS CHRISTI POLICY STATEMENTS: POLICIES Land Use This section focuses on land use policies that deal with urban development in general. It focuses on policies directed at activities occurring throughout the city or activities not specifically related to residential, commercial, and industrial use. a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans (see Appendix A) shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. According to the City Charter, "All city improvements, ordinances, and regulations, shall be consistent with the comprehensive plan." The comprehensive plan provides the rational or justification for zoning, platting, and other land development decisions. Implementation of city ordinances in a manner that is congruent with the comprehensive plan will provide a legal foundation for such decisions, and promote the public health, safety, and welfare. City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 5 Staff Comment: The proposed rezoning for the development of a storage facility at the subject property is not consistent with the Flour Bluff Area Development Plan and the Future Land Use Map. However, the requested change in zoning proposes to provide a service to the local community through its commercial use, while lessoning the danger to human life by developing the site for commercial use versus residential use adjacent to a Navy designated "Clear Zone " and "Accident Potential Zone 1" . b. THE DENSITY OF DEVELOPMENT IN AN AREA SHOULD BE DIRECTLY RELATED TO THE DESIGN CAPACITY OF THE INFRASTRUCTURE. The master plans for water, drainage, streets, gas and wastewater are based on a projected density of commercial and residential development. Problems occur when the actual density of development exceeds projected levels. Therefore, the projected densities utilized in making these plans need to be based on a thorough and realistic analysis of growth patterns and actual market trends, with a built in margin of safety. Actual development should be monitored against these projections to point out potential problem areas well in advance. Staff Comment: The Applicant proposes to utilize green building standards and techniques in the development of the project. Although stormwater lines are not currently present at the project site for use, the Applicant proposes to establish an onsite stormwater collection system and permeable surfaces within the project boundary to collect runoff, and reduce the amount of runoff generated by the project. The Applicant would like to utilize solar panels, and wind energy systems to power the project, ifpermitted by the City and Navy. c. AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Staff Comment: The proposed rezoning of the subject property to a commercial use for the development of a storage facility is consistent with this policy since the proposed development reduces the risk to human safety. City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 6 Residential Policy: c. COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make sure the use is compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. • Commercial Policy b: MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (See Attachment 11: Figure 4 Optimal Locations for Medium and High Density Developments.) Optimal locations for medium and high density developments are identified in Figure 4: Optimal Locations for Medium and High Density Developments of the Corpus Christi Policy Statements (Attachment 11) which discourages strip development along arterial streets. Compact high density development should be located at the intersection of major streets to reduce left turning movements at mid -block locations. High- density development should provide sufficient open space, Landscaping, andlor buffer zoning to create a smooth transition between uses. Staff Comment: The proposed storage facility site is adjacent to land zoned for Low - Density Residential use. The site is located with access to a minor arterial street, away from the neighboring Low - Density Residential uses located to the east and partially to the south, orienting traffic away from the residential use. The Applicant will be required to screen the project from the neighboring residential uses during the plan review stages. Currently, no residential development exists adjacent to the proposed project site, the nearest existing residential development will be buffered by the 85 acres City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 7 owned by the Applicant. The subject property is located approximately 700 feet south of Clenoak Road intersection, and the property directly adjacent to the north is also assigned a commercial use designation by the adopted Future Land Use Map. FLOUR BLUFF AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: The subject property is located in the Flour Bluff Area Development Plan. The following policies were reviewed for consistency; • B.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Flour Bluff ADP areas. The plan provides for a compatible configuration of activities with emphasis on: accommodation of existing zoning patterns; the protection of residential areas; and the identification of environmentally sensitive areas that should be preserved; the protection of the Naval Air Station from incompatible uses; and a parkway along the Laguna Madre shoreline. Staff Comment: Since the Future Land Use Map designates the subject property as being appropriate for Low- Density Residential Use, the proposed development is not consistent with the Policy Statement B.1. However, being that the subject property and the proposed storage facility use is located adjacent to a Navy designated "Clear Zone" and "Accident Potential Zone 1 ", the commercial use proposes less of a safety hazard to human life. B.5 - POLICY STATEMENT The City encourages development that is compatible with the Naval Air Station, Waldron Field, and Cabaniss Field. A primary concern associated with these Naval facilities is land use compatibility in the Navy's Air Installation Compatible Use Zones ( AICUZ). These are areas where, due to frequency of over flights and other factors, a measurable potential for aircraft accidents is present. The geographic areas covered by these zones may change in the future due to changes in operations at the air fields, changes in the aircraft using the runways or other factors. The City should maintain constant contact with the Navy to maintain accurate record of any changes to these zones and change as appropriate any city regulations pertaining to these AICUZs. "Due to the significant amount of existing development within these APZs it is not feasible, at this time, to strictly follow the Navy's use guidelines which call for: • Accident Potential Zone 1 prohibit residential uses and non - residential uses which may congregate large groups of people. City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 8 • Accident Potential Zone 2 -limit residential development to 1 or 2 units per acre and prohibit non - residential uses which may congregate large groups of people. Staff Comment: The Applicant's request to rezone the property to develop an environmentally green storage facility is consistent with this policy since the use is not typically associated with the congregation of large crowds. In addition, the proposed use is consistent with the intent of the ADP, by establishing fewer residential uses close to a Navy designated "Clear Zone" and "Accident Potential Zone 1 ". Department Comments: 4• The requested "I -2" (Light- Industrial) Zoning District is not compatible with the current "RE" (Residential Estate) Zoning District designation. However, rezoning for this particular use adjacent to a Navy designated "Clear Zone" would reduce the risk to human life, in contrast to development of the site for residential purposes in the future. • :• The proposed rezoning request is compatible with the Naval Air Station recommendation of prohibiting residential and nonresidential developments having potential for attracting large crowds. Staff feels that the proposed storage facility use is more compatible with the intent of the Naval Air Station's recommendation for this area. • #• Freshwater wetlands exist on the proposed project site. The Applicant has consulted with the Army Corp of Engineers and it has been determined that the wetlands onsite are non jurisdictional wetlands and will not require a permit. + The rezoning request for the subject property is not consistent with the Future Land Use Map's Low Density Residential designation for the site. The property directly adjacent to the north of the subject property is assigned a commercial use designation by the adopted Future Land Use Map, but a commercial designation for the subject property would prevent the outside storage use that the Applicant is requesting. ❖ The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement, however a height limitation may be imposed in response to the Naval Air Station's review and recommendations. ❖ Staff is encouraged that the Applicant intends to develop the proposed project as a self - sustaining, environmentally green project, and plans to implement green building standards and techniques in the construction of the project. ❖ The Applicant is in agreement with Staffs recommendation for a Special Permit. City Council Zoning Report Case # 0709 -02 (Shrub Oak, LLC) Page 9 Planning Commission & Staff Recommendation (July 22, 2009): Denial of the "1 -2" Light Industrial District and, in- lieu - thereof, approval of a "B -3" Business District with a Special Permit for outdoor storage, subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -3" Business District is an outdoor storage facility specified on the site plan for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property. 2. Height Hazard: Property is subject to the City's Military Airport Height Hazard Ordinance. 3. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 4. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 for phase one of this multi -phase project on 6.514 acres and in compliance with all other conditions. Note: The Applicant will be required to submit a professionally drawn site plan for the proposed project prior to scheduling a City Council hearing date. Number of Notices Mailed area Favor Opposition (As of August 26, 2009) 5 within 200 foot notification area; 1 (inside notification area); 0 (outside ()Onside notification area); 0 (outside 2. outside notification notification area) notification area) Attachments: 1. Site — 2007 Aerial 2. Neighborhood -- Existing Land Use 3. Site- Existing Land Use 4. Site - Future Land Use 5. Site -- Existing Zoning, Notice area, Ownership 6. AICUZ Map 7. Wetland Map 8. Comments received from Public Notices mailed 9. Notice Mailing List 10. Conceptual Site Plan 11. Metes & Bounds Description on Survey H:1PLN- DIR\SHAREDII. Planning Commission12009 CC \Sept '09\0709 -02 Shrub Oak, LLCICC Zoning Report 0709 -02 Shrub Oa17LC, Robert Bryan Johnson.doc Refer to Map 2 for Neighborhood Existing Land Use. Also available at wvv w. ccte xas. com -75- Attachment 1 FL ■-JR SLUFF FARM AND SEC 40 'r!{v .4c. VAC TR s GP LOP f- #';;rf Xrap L -; SUBJECT PROPERTY par.. d ve o e CASE # 0709 -02 2.a. NEIGHBORHOOD - EXISTING LAND USE m m 111 • Estate Residential - ER Low Density Res. - LDR Med Density Res. - MDR High Density Res. - HDR Mobile Home - MH Vacant - VAC Professional Office - PO Commercial - COM Orei Light Industrial - LI Heavy Industrial - 1-11 - Public Semi- Public - PSP MO Park Drainage Corridor - DC [,:f.7 Conservation /Preservation - CP Water Map Scale: 1:10.000 : SUBJEdT' 1 PROPERTY [LOCATION MAP] _77_ Attachment 2 Prepared By: SRR Department at Development Services ME uza SASE # 0709 -Q2 2.b. SITE- EXISTING LAND USE Estate Residential - ER Low Density Res. - LDR Med Density Res. - MDR - High Density Res. - HDR Mobile Home - MH Vacant - VAC rig .�� Professional Office - PC Cotnrnercial - COM Map Scale: 1:2.400 Light Industrial - LI Heavy Industrial - HI Public Semi- Public - PSP Park Drainage Corridor - DC Conservation /Preservation - CP Water _79— Attachment 3 V07,2009 Prepared By: SRR Oepartmenf of Development Services EZI CASE # 0709-02 3.13, SITE- FUTURE LAND USE Agricultural/Rural - AR I. Tourist - TOR Estate Residential - ER IM Research /Business Park - RBP Low Density Res. - LDR El Light Industrial - L I Med Density Res. MDR KM Heavy industrial - HI ® High Density Res. - HDR 11111 Public Semi- Public • PSP El it/labile Horne - MH 1M Park Vacant • VAC Drainage Corridor - DC Professional Office - PD Sall Dredge Placement - DP Water cia.1 Conservation /Preservation - CP Commercial' - CDIVI Transportation Plan Existing Proposed - Arterials �_ - - - Collectors Expressways .23.7,13; Parkway - 4-4+÷ Railroad Map Scale: 1:2.400 LOCATION MAP -8 1 Attachment 4 Se6 c 9 Aty rR 7e0712009 Prepared'sy; SRR Department cfDevelopmerrr Services CASE # 07Q9 -Q2 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP .w -1 Apartment. House District- 1-.1 Limited Industrial District -1 ; Apartment House District 1 -= Light. Industrial District - 4+-2. Again ten t House District 1 -:3 Heavy Industrial District i*& Professional .)ffice District PVC! Planned Unit Ce,eloFmerrt AT 3Gastm.ent- Tourist District R. IA One Fanity Dwelling.District B-1 fleinMharhaad Business District R= IB One Farnii./ Dwelling District. Et -1 rieighlrorho d Business District R. IC. One Family O dIin Dishict &2 Ba;frant Business District R-, Multiple Dwelling District B-7A Ban•ier Island Business District P.A. one: Fang.. Dwelling District. E -3 Business District R1= Residential Estate- Distri,_t B-4 .general Business District R -TH Townhouse- Dwelling District b. F'nrriarf Business ❑istnct :3P Huai Permit. Primar7 Business. Care District T. f A. Travel Trailer Park- District BD t:orF•us Christi Beach Design Dist. T -lB Manufactured Home Park District. F -R Farm Rural District T. IC Monti1a.'tureA Hanle .ltd -.r> yi {icn HC Historic al-ailtural Landmark District Ftresercation Si; bye& Proper :1 C i` o,e 0G' r$er it7 favot A. e ae 200: iT attached �.`: 7'er :hip :ai.4 oppo.sivoI -83- Attachment 5 H!GHLANa' 0 44,grecr Department of Development CASE # 07Q9-02 ASR INSTILLATION COMPATIBLE USE ZONES -85- Attachment 6 Case No. 0709 -02 Subject Property Wetland Map -87- Attachment 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0709 -02 Name: Shrub Oaks, LLC Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 5 Returned undeliverable: 2 I. Notices returned from within the 200 -foot notification area: Favor: 1 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H :1PLN -D IRISHAREDII . Planning Commission12009 PC\2009 Public Comments\0709- 02.doc ATTOMENT 8 0 Flour Bluff Independent 2505 Wal Corpus Christi 81. °P°D 1!#s1A10 awvawo NO `00 nn NN zi aE xx BO '8111'd ❑"Id'S S Q££91 X1 ILSIaH0 SfldaOO 000 �nz Ep .zm in N x0x X1 IIS1 1HO Sfldb00 V V N ►F C3 V 11 1` FLOUR BLUFF & ENC FRM GDN TRACT 71.525 ACS OUT PT OF LTS 1, 2, 14, 15, 16 ALL LT 3 SEC 50 - nrnD rn~n❑❑ � rrrrr ❑D C C C C C F2F2ma r F2 F2 CCCCC mrnmmm ZZZZZ 00000 17131313 CECCE 000007 00000 ZZZZZ 00000 .Ins +aar � GOowal CTS A f�l52 g n N N N y CCC,N oNNm :.cnNw Np°Nt0 r•m n tar A --1 C4 N 111 0 R A.0 3S]JQOV rdIZ 1. 31H15 Lisa Wargo - P71683 Bryan Johnson Site 8-17-09.pdf Page SC:05•091 &BODO' 01:1;adrEir, Flour BluF F Dr OPTION 1 47.480 Sr. TOM BUILDINGS 43,390 3.F. TOTAL RENTABLE MINI STORAGE IPPOINAMC k \ U-HNJL LOT PROPOSED (50.000 SF) 20 Y.R. •JI.T4S13.11. T. IICLGIM 111=== =CNN= ENCLOSED RV IMIMI111113 =MEM COVERED PARKING El3t7=1/121 11==12.13 60' STREET ResERvE STORM SEWER PIPE ONE ACRE POND I: I 1 g 11 4ig !!! 773.-0. Callao T18., a bud ISSONNESS 00000000000000000 a 8 DICLOICO Ma RV 04.1. 3•-I• 1 1,30,1, 11.53' 4. -r genurionnnagglion tiff, 11111*-Clalri 111M-511ME WM at ) N61'0010rN Irouds. kwrs lens 20' INhi-of -Vey toseneni yd. 77L Pg. 61 Ieed Recorcfs. Norco COunty, Text 1 we, s-1 -91- Wathrned, (0 Lisa Wargo - P71683 Bryan Johnson SitF R- 17- 09.pdf Page 2 S6U57'09t 660.00' 20' Y.R.._..- tti PRycSED U -HALL LOT c50,D0X sr) OPTION 2 16,680 S.F. TDTAL BUILDINGS cg; 43.330 S.F. TOTAL RENTABLE Mpit STORAGE ®C1 t■o ®tot ...ti.... K I f ",� o ENCLOSED RV lin =MO 1131 =MR ES COVERED PARKING ®11 00000000000 © ©oo ©v L LQt 1 ism. s N51'001005iY 371.53' _92 5 -1 [Lisa Wargo -O��O7�OOS.odf '—'--- ' __ Page 1 _ MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, July 22, 2009 5:30 P.M. COMNIISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., 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 Deborah Brown, 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 5:33 p.m. W. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0709 -02 Shrub Oak LLC -- A change of zoning from "RE" Residential Estate District to an "1 -2" Light Industrial District resulting in a change of land use from Unimproved to Self Storage Facility 6.514 acres out Lot 1, Section 50, Flour Bluff & Encinal Farm & Garden Tracts, Vol. A, Pgs. 41 -43, Map Records, Nueces County, Texas, generally located approximately 700 feet south of G lenoak Road, on the east side of Flour Bluff Drive, west of Waldron Road, and north of Caribbean Drive. Lisa Wargo, Development Services presented the above stated case via PowerPoint presentation. Ms. Wargo stated the applicant is Shrub Oak, LLC. Ms. Wargo further stated the subject property is 6.514 acres out of Lot 1, Section 50, Flour Bluff and Encinal Farm & Garden Tracts, generally located approximately 700 feet south of Gienoak Road, on the east side of Flour Bluff Drive, west of Waldron Road, and north of Caribbean Drive. Ms. Wargo stated the applicant is requesting a rezoning from "RE" Residential Estate District to an "I -2" Light Industrial District to allow for construction of an environmentally green mini- storage facility with an outdoor cover and boat storage. Ms. Wargo stated the "RE" Residential Estate District provides for single - family residential development of a spacious character on lots not less than —94— Planning Commission Minutes July 22, 2009 Page 2 one (1) acre, minimum front yard setback is 50" with a minimum side and rear yard setbacks of 25' and a maximum number of units per acre is one (1) per acre and minimum lot width being 150'. Ms. Wargo stated the following concerning the "1 -2" Light Industrial District: provides for light manufacturing, fabrication, warehousing, and wholesale distributing, and outdoor storage; residential uses are not allowed; 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; does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. Ms. Wargo stated the applicant proposes a self-sustainable, environmentally green project implementing the following; Wind power generators and solar panel roofs to provide power to the proposed air conditioned units and the powered mechanical security gates; Water wells for cleaning the units, and irrigation of the onsite landscaping; Permeable, hard - packed recycled concrete surfaces for drives and paths to control rain water run -off; On -site 100 year flood plain approved detention pond or similar system to help with on-site drainage and water storage; Retention of on -site native brush and oak landscaping, as well as any additional landscaping required by the City's Landscaping Code; Pedestrian sidewalk or path on the frontage of the property. Ms. Wargo stated the applicant proposes project in stages to accommodate future growth, proposes a mixture of climate control and garage style as well as covered parking with solar paneled roofs. First stage will utilize no more than two (2) acres or less than one third (1/3) of the subject property. Ms. Wargo stated units will be constructed of metal or steel materials. Ms. Wargo stated the applicant is also willing to provide a pedestrian sidewalk on the frontage of the property. Ms. Wargo stated the Air Installation Compatibility Use Zone (AICUZ) map was added due to the proximity to the clear zone (CZ). Ms. Wargo stated the Naval Station is reviewing the case and the Navy may impose additional height restrictions. Ms. Wargo further stated Mr. Brian Turf for Naval Air Station has presented a report and will be available for questions after the presentation. Ms. Wargo stated the requested "1 -2" Light Industrial Zoning District is not compatible with the current "RE" Residential Estate Zoning District Designation, however rezoning this particular use would reduce the risk to human life. Ms. Wargo stated the rezoning request is compatible with the Naval Air Station recommendation of prohibiting residential and nonresidential developments having potential for attracting large crowds. Ms. Wargo stated staff feels the proposed storage facility use is more compatible with the intent of the Naval Air Station's recommendation for this area. Ms. Wargo further stated the rezoning request for the subject property is not consistent with the Future Land Use Map's Low Density Residential designation for the site. Ms. Wargo additionally stated the "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement, however a height limitation may be imposed in response to the Naval Air Station's review and recommendations. Ms. Wargo stated staff recommends denial of the "1 -2" Light Industrial District and, in- lieu thereof, approval of a "B -3" Business District with a Special Permit for outdoor storage, subject to a site plan and the following five (5) conditions: Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -3" Business District is an outdoor storage facility specified on the site plan for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property; Height Hazard: Property is subject to the City's Military Airport Height Hazard Ordinance; lighting: Alt security lighting -95- Planning Commission Minutes July 22, 2009 Page 3 must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development; Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted; Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 for phase one of this multi -phase project on 6.514 acres and in compliance with all other conditions. Mrs. Wargo stated the applicant will be required to submit a professionally drawn site plan for the proposed project prior to review by the City Council. Ms. Wargo stated 7 notices were mailed, 5 within the notice area and 2 outside the notice area. Ms. Wargo further stated one notice was received in favor and one in opposition, the twenty percent rule is not invoked. Ms. Wargo stated the property has not been platted and there have been no violations to date. Brian Turk, Planning Liaison for the Navy, came forward and stated the Navy's general position is to have nonresidential zoning adjacent to airfields which will reduce the residential footprint and the Naval Air Station does support the recommended Special Permit. There are several conditions the Naval Air Station would like met in conjunction with height limitation without modification, and request any solar roof have no reflectivity. Lastly Mr. Turk stated they request glare no greater than a swimming pool to avoid glare hazard on approach or departure. The Naval Air Station requested to have an additional comment period when additional information pertaining to the proposed wind energy systems onsite is made available. The Naval Air Station also would like to suggest roof generation units maintain height restriction and any facility be designed so it does not have ground radar interference. In response to Commissioner Skrobarczyk, Juan Perales stated private detention ponds are addressed in the platting process. In response to Commissioner Skrobarczyk, Robert Payne stated issues with non- compliance of the Special Permit are handled by Code Enforcement. In response to Vice -Chair Huerta, Mr. Payne stated Special Permit language would be changed to read the applicant will be required to submit a professionally drawn site plan for the proposed project prior to scheduling a City Council hearing date. Motion for a recommendation of denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of Special Permit was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously. Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SHRUB OAK, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 6.514 ACRES OUT OF LOT 1, SECTION 50, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "B-3/SP" BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW OUTDOOR STORAGE, SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Shrub Oak, L.L.C., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 22, 2009, during a meeting of the Planning Commission, and on Tuesday, September 15, 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 6.514 acres out of Lot 1, Section 50, Flour Bluff & Encinal Farm & Garden Tracts, located approximately 700 feet south of Gienoak Road, on the east side of Flour Bluff Drive, west of Waldron Road, and north of Caribbean Drive, from "RE" Residential Estate District to "B-3/SP" Business District with a Special Permit to allow outdoor storage, subject to a site plan Exhibit A, attached, and five (5) conditions. (Zoning Map 037029) (Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -3" Business District is an outdoor storage facility specified on the site plan for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property. H :l LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\9- 151ORD- zoning 0709- 2- Shrub0aks B- 3- special permit.doc —97— Page 2 of 4 B. Height Hazard: Property is subject to the City's Military Airport Height Hazard Ordinance. C. Lighting: Alt security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. D. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes including power washing of vehicles or flushing of boat motors is permitted. E. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition A for phase one of this multiphase project on 6.514 acres and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35--3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:1 LEG -DiR \Shared \LEGAL- DEV.SVCS12009 Agenda19- 151ORD- zoning 0709- 2- Shrub0aks B- 3- special permit.doc —98— Page 3 of 4 SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15th day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: September 8, 2009 44i7Zg-4 eborah Walther Bro Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:1 LEG -D1R \Shared \LEGAL- DEV.SVCS\2009 Agenda19- 151ORD- zoning 0709 -2- ShrubOaks B- 3- special permit.doc —99— Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 H:ILEG -D1R \Shared \LEGAL- DEV.SVCS12009 Agenda19- 151ORD- zoning 0709-2-ShrubOaks B- 3- special permit.doc —100 -- r.I r- SIo VD 1i* 1' Per er a eair,rty] FLOur Blue F Dr•1v a ...'."'r...`..... _ .__...,• - � Nor•trt .29'00'O0' �;a•yt► LI w . • f .r w r J i• ! • .w ......... r ■ ._ r r••• M w w 0 A z ,■■ us • • • ...• ..... .... 7.j....• • r ...— 1I wart iii ■ wet (foolla li ,,v, i W ire; KAIAK ohm. ivill. ; IA 1r -. 1 „ i I ---• A. id iF. ! r • . . „ .......... .... , .. . - - . . i 40 CP I 3! CO -. 0 F. 101 lit 0 w�L � / r r • ,r ps +l 4. • r • s S �q 013'. L a 0 w ,• 1., 4 :1Od •T A. BRYAN JOHNSON fitilliM I:: 116 ' _� \ 1 1.) CC} P S CHRISTI, TX ., 41 i = + -- - , , 1_ rsywlrwir •�'0. •w� .i�:rrAealra.�a.�,rv,: IIIIIH NM�i/ 4w �1i /411%1• '�M sM�dos4 r .4 irjb 4,-461ti �w I11•111 1103 111=3 14123 1407 141=3 '1 Id 11173 ICTI corm QD CUM calm= din iei 3dI d ZI3A35 taI M • IL•f: liii 1i�ro t..: ■rA; 1 [[ 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 rt • v aT AL ■Ni nr*0 ,, 1a IF , � K � 1'' 543,60' EXHIBIT Al ■ Z ca no fi 2 0 Ali 035013N 3 (RQferer"1Cir Scoring) F tuur BtwPf Drive Nor. tel 29'00'00' Euu t) at h�44 -N. E. *Rei , i .4 •r 731. to VY. ■44 - .r.. , • -Li , .1.11:- li. L -4 6 -•L .4 0 ,; C '4 lf'i 1 air . i • r . . ci �+ r' r ,. �r�ab� -- . y2 . ; . AO a . .r' 1 \'‘;\ a 0 le kg k*44 414 ,27,2o k14 I1tu+A it '4 1C.;. 1110 Lasee 11 *44 14*44 4.3140 • ti 3440 42 ioh4 .mot.. w fit ;0 it .. a - . w 1s iK +o • .w.w •r�.�_w X 4r ..aaaw�r...-�araw.+wrs�•.rr.r. r..... ._ .. . • L . . X5.60 EXHIBIT A2 BRYAN JOHNSON CORPUS CHRISTI, TX ""12111: a, • +: Nit :Aura ....pod «a .rl r.s.tir.. �i 1.1'�11V++121112122 r E'C 1�'4.1221,Af t LZIFF FARM AND GDN 7 S SEC 39 CT s rA mE. E FIAT:Nip 411,D I R K S E N T R A SABRE -Z E'ST. TE 15 WLr A L EXA D RR. TR "O. -gift' iv HIGHLAND o ` KS U'. CASE # 0709 -02 Staffs and Planning Commission's Recommendation From: "RE" To: "B -3 /SP" Ordinance No.: EXHIBIT B LOCATION MAP C City of Corpus Christi 10 AGENDA MEMORANDUM PUBLIC MARE % — ZONING (City Council Action Date: September 15, 2009) Case No. 0809 -06. HEB Grocery Company, LP: A change of zoning from an "R -1B" One- family Dwelling District to an "A -2" Apartment House District resulting in a change of land use from vacant to senior assisted living use described as 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff and Encinal Farm & Garden Tracts located approximately 1,350 feet southeast of South Staples Street. Planning Commission's and Staff's Recommendation (August 19, 2009): Denial of the "R-1B", and in lieu thereof, approval of an "A -1" Apartment House District. Requested Council Action: Approval of Planning Commission and Staffs Recommendation. Summary: Request: The applicant is requesting a change of zoning on 21.461 acres from the "R-1B" (One- Family Dwelling) District to the "A -2" (Apartment House) District for the construction of a 24 -hour, senior assisted living facility. The proposed facility will consist of approximately 320 units as follows; 1. A 3- story, 88,200 sq. ft. independent living facility with (±1 -240 units), constructed in two phases. 2. A 2- story, 43,400 sq. ft. health care facility with (± / -80 units). 3. A 2- story, 23,300 sq. ft. common area element. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The subject property is zoned as an "R -1B" One Family Dwelling District. The "RIB" District allows for single - family residential, churches, parish halls, public and private non-profit rivate schools p home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The applicant is requesting a change in zoning to the "A -2" Apartment House Zoning District. The purpose of the "A -2" Apartment House Zoning District is to provide for residential uses with a higher density capability and other uses such as; two - family dwellings, (other than manufactured homes); boarding, rooming, and lodging houses; apartment hotels; bed & breakfast inns; non - profit, religious, educational, philanthropic institutions; hospitals and nursing homes, and homes for the aged. Residential density is a maximum of 36.3 units per acre. If the rezoning is approved, the project would require a 20 -foot front yard setback, and 10 foot side and rear yard setbacks, plus an additional 5 foot side and rear yard setback for every additional story, and not exceeding 30 feet. This district also requires a minimum street frontage of 50 feet, and a minimum lot size of 6,000 square feet. In comparison, the "A -1" Apartment House District also allows for assisted living facility use, as well as Agenda Memo Case No. 0809 -06 (HEB, LP) Page 2 one a two- family dwellings, and multiple - family dwellings. The main difference between the "A -1" and "A -2" District is the additional higher intensity uses allowed in the "A -2" District, and the height restrictions of both districts; the "A -1" Apartment House District is restricted to a 3 -story structure, and the "A -2" district is restricted to a 4 -story structure. The applicant is proposing a 3 -story structure and a development with approximately 320 units. The "A- 1" District can accommodate the request without allowing a higher density development near the existing "R-1B" District. Transportation and Circulation: The subject property will have access to Timbergate Drive, a proposed C 1, 2 -lane, Minor Residential right -of -way, with 60 foot width. The CI Minor Residential road provides for internal neighborhood circulation as well as property access. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. Traffic Count: Street Timbergate Urban Transportation Plan C1 Minor Residential Infrastructure Demand: Existing ROW and Paved Section None existing. Planned ROW and Paved Section 60 ft., 40 ft. paved Traffic Volume 2005 NA •: Water: An 8" water line is located approximately 1,260 feet to the northwest of the property. A 6" line is also located approximately 200 feet to the east of the property's eastern boundary. ♦ +� Wastewater: The City of Corpus Christi has a 10 inch wastewater line to the east of the property's eastern boundary, and a 21" line running parallel with Staples Street. ♦�� Stormwater: A stormwater line is located approximately 200 feet east of the property's t eastern boundary, and an 8" line runs parallel with Staples Street. • Gas: Gas lines do not exist at this site. Notification: Of the four (4) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered noncontroversial. A courtesy notification was extended out to a 1,000 foot radius from the subjective property notifying 424 property owners, with four (4) courtesy notices received in favor and three (3) courtesy notices received in opposition. 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 C:\DOCUME-11rebeccalALOCALS—I EiENDAMEMC 0809 -06 HEB.doc Agenda Memo Case No. 0809 -06 (HEB, LP) Page 3 the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Juan Perales, P. ., Interim Assistant City Manager of Development Services Email: johnnypcctexas.com Phone: 361-826-3828 FGM /ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner H:\PLN-DIRNSHAREMI. Planning Commission\: OD'9 a& 6910809 -Q6 HEB, LPIAGENDAMEMO 0809 -06 HEB.doc CITY COUNCIL ZONING REPORT Case No.: 0809 -06 Planning Commission Hearing Date: August 19, 2009 t a tw cdo cla S., 14 &° 4 Applicant: HEB Grocery Company, LP Owner: Same Representative: Mr. Murray Hudson, Urban Engineering Address: None assigned Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Lots 19 & 20, Section 11, generally located approximately 1,350 feet southeast of Staples Street, on Timbergate Drive. Zoning Request From: "R-1B" (One- Family Dwelling) District To: "A -2" (Apartment House) District Area: 21.461 acres Purpose of Request: The Applicant is requesting a change in zoning from the "R-1B" (One- Family Dwelling) District to the "A -2" (Apartment House) District, for the construction of a senior assisted living facility consisting of an roximately 320 units. z • Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for low- density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for low- density residential uses. A modification to the plan with a medium density residential district such as an "A-1" District could be acceptable. Map No.: 044032 Zoning Violations: None Zoning Existing Land Use Future Land Use Site "R-1B" One-Family Dwellin g District Vacant Low - density Residential North "R-1B" One-Family Dwellin g District Vacant Low- density Residential East "R -1 B" One-Family Dwelling istrict g Vacant/ Public/Semi- Public Low - density Residential South "R-1B" One-Family Dwellin District Vacant Low - density Residential West "R-1B" one - Family Dwelling District Vacant Low-density Residential z • Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for low- density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for low- density residential uses. A modification to the plan with a medium density residential district such as an "A-1" District could be acceptable. Map No.: 044032 Zoning Violations: None City Council Zoning Report Case No. 0806 -06 (HEB, LP) Page 2 Staffs Summary: Request: The applicant is requesting a change of zoning on 21.461 acres from the "R- 1 B" (One- Family Dwelling) District to the "A -2" (Apartment House) District for the construction of a 24 -hour, senior assisted living facility. The proposed facility will consist of approximately 320 units as follows; 1. A 3- story, 88,200 sq. ft. independent living facility with ( +1 -240 units), constructed in two phases. 2. A 2- story, 43,400 sq. ft. health care facility with ( +1 -84 units). 3. A 2- story, 23,300 sq. ft. common area element. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The subject property is zoned as an "R-1B" One Family Dwelling District. The "R-1B" District allows for single- family residential, churches, parish halls, public and non-profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R-1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The applicant is requesting a change in zoning to the "A -2" Apartment House Zoning District. The purpose of the "A -2" Apartment House Zoning District is to provide for residential uses with a higher density capability and other uses such as; two - family dwellings, (other than manufactured homes); boarding, rooming, and lodging houses; apartment hotels; bed & breakfast inns; non - profit, religious, educational, philanthropic institutions; hospitals and nursing homes, and homes for the aged. Residential density is a maximum of 36.3 units per acre. If the rezoning is approved, the project would require a 20 -foot front yard setback, and 10 foot side and rear yard setbacks, plus an additional 5 foot side and rear yard setback for every additional story, and not exceeding 30 feet. This district also requires a minimum street frontage of 50 feet, and a minimum lot size of 6,000 square feet. In comparison, the "A-1" Apartment House District also allows for assisted living facility use, as well as one a two - family dwellings, and multiple - family dwellings. The main difference between the "A -1" and "A -2" District is the additional higher intensity uses allowed in the "A -2" District, and the height restrictions of both districts; the "A -1" Apartment House District is restricted to a 3 -story structure, and the "A -2" district is restricted to a 4 -story structure. City Council Zoning Report Case No. 0806 -06 (HEB, LP) Page 3 The applicant is proposing a 3 -story structure and a development with approximately 320 units. The "A -1" District can accommodate the request without allowing a higher density development near the existing "R-1B" District. Transportation and Circulation: The subject property will have access to Timbergate Drive, a proposed C1, 2 -lane, Minor Residential right -of- -way, with 60 foot width. The c1 Minor Residential road provides for internal neighborhood circulation as well as property access. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. Traffic Count: NIme -eke Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2005 Timbergate C 1 Minor Residential None existing. 60 ft., 40 ft. paved NA Infrastructure Demand: • :+ Water: An 8" water line is located approximately 1,260 feet to the northwest of the property. A 6" line is also located approximately 200 feet to the east of the property's eastern boundary. ❖ Wastewater: The City of Corpus Christi has a 10 inch wastewater line to the east of the property's eastern boundary, and a 21" line running parallel with Staples Street. • *+ Stormwater: A stormwater line is located approximately 200 feet east of the property's eastern boundary, and an 8" line runs parallel with Staples Street. Gas: Gas lines do not exist at this site. • Public Safety: * +'+ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C80. Crime statistics indicate an increase from 823 crimes committed in 1993 to 1,144 crimes committed in 2005. The last year for which statistics are available is 2005. Fire: The closest Fire Station is Sta. # 14, located at 5901 S. Staples Street, approximately 8,490 feet from the subject property. • Environmental Constraints: • FEMA Flood Zone: Flood Zone "X" areas outside the 1- percent annual chance floodplain. —112 -- City Council Zoning Report Case No. 0806 -06 (HEB, LP) Page 4 Comprehensive Plan Consistency: The adopted Future Land Use Map designates the subject property for Medium - density Residential uses; therefore, the proposed "B -4" "General Business" Zoning District is not consistent with the City's Comprehensive Plan, In addition to the Future Land Use Map, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: Residential: b. APPROPRIATE TRANSITIONS SHOULD EXIST BETWEEN HIGH- DENSITY AND LOW - DENSITY (LESS THAN 10 UNITS PER ACRE) RESIDENTIAL DWELLINGS. While high- density apartments and low- density single - family homes are both residential uses, the difference in the intensity of the uses may cause conflicts if the transition is too abrupt. Such design considerations as building height, window and patio location, screening fences or landscaping, building setbacks, parking layout, and a variety of other techniques shall be used to create an appropriate transition. f. MEDIUM - DENSITY RESIDENTIAL DEVELOPMENT (10 TO 21 UNITS PER ACRE) SHOULD BE LOCATED IN AREAS WITH CONVENIENT ARTERIAL ACCESS. Traffic that is generated from apartment units causes problems if it is allowed to funnel through lower density residential areas. To avoid these problems, apartments should be located with convenient access to an arterial or, along a collector that provides access to an arterial. �:• SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY B.5 - POLICY STATEMENT Study fair and equitable ways to promote better protection when two uses of differing intensity abut each other. The Planning Department will propose ordinance changes that will help assure a sufficient buffer of open space and/or land use, etc. when two or more differing intensities of land use abut. Such methods may include, but are not limited to, larger zoning setbacks, landscaping and/or screening. City Council Zoning Report Case No. 0806 -06 (HEB, LP) Page 5 Staff Comment: Staff is concerned about the higher density and height, and window location of the proposed project in its adjacency to low- density, single- family use areas. A site plan was not submitted for the proposed project, so it is not possible to determine what the actual setbacks will be, whether the facility will overlook into adjacent homes in the future, or if techniques will be employed to screen from the higher density and additional heights. Buffering the proposed higher intensity residential use from the adjacent lower density residential uses to the north, south, east, and west, will require consideration. Relationship to Smart Growth Principles: (See Attachment # 8): The project was rated against Smart Growth Principles and received 2 stars out of a possible 5 stars, with a total of 32 points. Plat Status: The subject property is not platted. Department Comments: • The proposed project is not consistent with the adopted Future Land Use Map designation of lower- density residential development. The proposed density would fit the category of medium- residential density, which may be considered a buffering density from the potential heavier uses that may be located on the corner of Staples Street and Timbergate Road in the future. • A site plan was not submitted for the proposed project so it is difficult for Staff to determine whether the proposed facility will be located with adequate separation from, or provide adequate screening for the neighboring lower- density residential uses. • The proposed assisted living use can be accomplished with the "A -1" Apartment House zoning designation, without the possibility of imposing greater density intensities in the future. • Density and trip generation per day for the following residential districts for the site are: o "R-1B" One-family Dwelling District — 7.26 units per acre = 155 units — 1,550 Average Daily Trips (ADT) o "A -1" Apartment House District - 21.78 units per acre = 467 units — 4,676 ADT o "A -2" Apartment House District -- 3 6.3 0 units per acre = 779 units — 7,790 ADT City Council Zoning Report Case No. 0809 -06 (HEB, LP) Page 6 Planning Commission & Staff Recommendation: Denial of the Applicant's request for a change in zoning from the "R-1B" (One - Family Dwelling) District to the "A -2" (Apartment House) District, in lieu thereof, approval of the "A-1" Apartment House District for the construction of a senior assisted living facility. 0 Number of Notices Mailed Total 6 within 200 foot notification area; outside notification area Favor — _ (inside notification area); (outside notification area) Opposition — _ (inside notification area); (outside notification area) Attachments: 1. Site 2007 Aerial 2a. Neighborhood Existing Land Use 2b. Site Existing Land Use 3. Site Future Land Use 4. Site Existing Zoning, Notice area, Ownership 5. Comments received from Public Notices mailed 6. Notice Mailing List 7. Smart Growth Chart 8. Neighborhood Courtesy Announcement H:1PLN- DIRISHAREDI1. Planning Commission12009 PC12009 Zoning Reports\August 091August 19, 2009\CC Zoning Report 0809 - 061E$ * - A2.doe tT •C.IEWIIIFPPb1/4 CASE # 0809-06 1. NEIGHBORHOOD - 2007 AERIAL Refer to Map 2a & 2b for Neighborhood Existing Land Use. Also available at www.cctexas.com 8/05/2008 Prepared By SRR aevelopmenr Services CASE # 0809 -06 2.a. NEIGHBORHOOD - EXISTING LAND USE LDR Estate Residential - ER Low Density Res. - LDR Med Density Res. - MDR IIII - High Density Res. - HDR Mobile Home - MH Vacant -VAC P� Professional Office - PO Commercial - COM ra Map Scale: 1:10.000 Light Industrial - LI Heavy Industrial - HI Public Semi- Public - PSP Park Drainage Corridor - DC Conservation /Preservation - CP Water m 1 CASE # 0809 -06 2.b. SITE- EXISTING LAND USE Estate Residential - ER Low Density Res. - LDR Med Density Res. - MDR 11111 High Density Res. - HDR IIII Mobile Home • MH Vacant - VAC VAC ! Light Industrial - Ll Heavy Industrial - Hl Public Semi - Public - PSP Park Drainage Corridor - DC Conservation /Preservation - CP Professional Office - PO n Water - Commercial - COM Map Scale: 1:2,400 Sh$JECT PROPERTY LOCATION MAP City of Corpus Christi ER LOP CASE # 0809 -06 3. SITE- FUTURE LAND USE Agricultural /Rural - AR Tourist - TOR Estate Residential - ER Research/Business Park - RBP Low Density Res. - LDR EA Light Industrial - Ll Med Density Res. - MDR MIN Heavy Industrial - Hl um High Density Res. - HDR III Public Semi - Public - PSP ® Mobile Home - MH `.==- _ Park Vacant - VAC Drainage Corridor - DC Professional Office - PO a3 Dredge Placement - DP r-i Water VAC - Commercial - COM Transportation Plan Existing Proposed Arterials -- Collectors - .P.. Expressways mmitim tree Parkway 4144-1÷ Railroad Conservation /Preservation - CP Map Scale: 1'2.400 SelBJEC T PROPERTY LOCATION MAP, i 004.0# City of Corpus Christi LL0cATI0N MAPI ES, LAZ'A f! )-'T 16 593 -, R-i THE PA - K Q 18 ti4 G 0 A2; ,C) . A . 4 . 1 24 S k, 444 HE VILLAGE D V i THE BOARDWALK UN. T 2 Atli/ '10) \2a 8105 2008 Prepared By SRR fp aeon f 8eR a e melt Services CASE # 0809 -06 4. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 41 Apartment House District A -1 a. Apartment House District A Apartment House District AB Professional Office District AT Apartment- Tourist District B-1 Neighborhood Business District B-1A Neighborhood Business District 8-2 Balfrant Business District B -2A Barrier Island Business District 8 -3 Business District 8 -4 ;3eneral Business Cistrict 8-5 Primarj Business District B-6. Primary Business Core District BD Corpus Christi Beach Design Dist. F -R Farm Rural District HC Historical- Cultural Landmark Preservation -LT 1 -1 1 -; 1 -3 PUD R- IA R -1B R -IC R. RE R -TH "sP T -1 T -1 B T- IC Limited industriat District Light industrial District Heavy Industrial District Planned Unit Development One Fancily Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Homy- Park District Manufactured Home Subdt.ision District Subject ?roper> 7er3 eith 200' buffer in .s ,, r 4 L.'f ., hers 200' Piste({ 00 V.' ,.. attached ov•ner.; Tip tabie IN in orwasition SUBJECT PROPERTY ti r- r►rrr.► City of Corpus Christi COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0809 -06 Name: HEB GROCERY COMPANY, LP I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 4 Returned undeliverable: 0 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 13 Returned undeliverable: 2 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Courtesy Notice responses received concerning subject area: Total number mailed: Returned undeliverable: 424 3 Favor: 4 Opposition: 3 H:1PLN- DIR\SHAREDII . PIanning Commission\2009 PC\2009 Public Comments \0809- 03.doc 13 NOTICES OUTSIDE NOTIFICATION AREA H:IPLN- DIRLSHARED\1. Planning Commission12009 PC12009 NoticeslO8O9 -06 OWNERSHIP__LIST200' .xis p N 3 1CA N q M N p p H 0 n 0 n n n n n n 0 0 0 0 n� di pa r`s a u w' ai en a ai w a X V X k X X X X X V X ?[ 23 isn❑ X X i Z zzz 111 N N m W DI ... � w e W a i ❑ v ov A . a i A A ❑O❑ cc� mmm r r r CCC T T � mmm AAA z$$ r r r P A A V O7 di i V V A W o u lb,. V it it G 1 G ApW nmC nNC n N C "�V1 VtliN I i iJM r � w O y i in i nr V9IId NOI,LVO1111ON,001 NI S33110N t N A V R7 0 0 m x CC ih Y 0 0 iA 0 2 0 0 C fA n 2 0 z ❑ x x 0 C 0 a J N 8 4f 3 nom wa ggg go 2 C nrn caw rnn zo v„ oz om mm �rn 2 SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth II: 100 More Policies for Implementation ", provided by the Smart Growth Network. ATTACHMENT # 8 Zoning Case:_ #0809 -06 HEB Grocery Company, LP From: "R-1B" To "A -2" Will the re ' uest i romote develo 1 ment that fosters the followin ' Answer Pts. Weight Score 1. Mix land uses. 5 Project provides a new type of development to an existing neighborhood such as employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail/service? 3 uses added 2 uses added 1 use added 3 2 1 x 3 6 Reuses closed, decommissioned, or obsolete institutional uses? Yes No 1 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 2 + uses 3 2 1 x2 0 2. Takes advantage of compact building design. P Yes No 1 0 x 3 - 0 , Utilizes reduced setbacks and/or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? _ Manages and effectively provides a transition between higher and lower - density h ? neighborhoods? g Yes - No 1 0 x 2 0 3. Creates a range of housing opportunities and choices. Yes No 1 0 x 3 o 0 Implements a range of housing options with a variety of types and unit sizes within the community? (condos, townhomes, single- family, apartments __ Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed- income developments and/or low- income homeowners and individuals to reduce building costs and uses available resources more effective/ ? Yes No 1 0 x 3 0 The project promotes development (residential, commercial, office) with a wide range in pricing available for varying income levels for sale or lease? Yes No 1 0 x 3 0 6 4. Creates walkable neighborhoods. Promotes development close to schools, corner stores, dry cleaners, restaurants, ' communities and reduces long- and other services that promotes walkable communities g distance commutes? Yes No 1 0 x 3 3 Will incorporate sidewalks or a bike or pedestrian path into the final � � development or connects to existing sidewalks? Yes No 1 0 x 3 3 Promotes development so children are close enough to walk to school? Yes No 1 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides focus on a historical, cultural, or natural attributes? Yes No 1 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Yes No 1 0 x 2 0 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 0 1 0 x 3 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes No 0 Does the project remove blight from its neighborhood? Yes No 1 0 x3 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 areas; utilizes land management techniques, to decrease the amount of pollution No 0 x 4 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? . No 0 x 3 Supports tree preservation onsite and/or provides adequate tree landscaping (at a } to re minimum) lace trees being p g removed? Yes No 1 0 x 3 0 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime farmland? Yes No 1 0 x 2 0 7. Strengthens and directs development toward existing communities. 11 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 'A mile 2 x 4 'A to %z mile 1 t// + miles 0 S Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? p J No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 would make the property y a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 or areas, such as parks, fishing piers, boat storage areas , or rental equipment? No 0 x 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x 2 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes • + - 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes No 1 0 x 3 0 9. Makes develo i ment decisions predictable, fair and cost effective. 6 The project is consistent with the Future Land Use Map and Comprehensive Plan? Yes No 1 0 x 2 0 - The project is consistent with the Area Development Plan? Yes No 1 0 x 2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 0 x 3 3 Will the project design incorporate systems for reducing storm water runoff or _provide onsite retention? Yes No 1 0 x 3 0 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high p p p g unemployment or chronic poverty? No 0 x 3 3 Point Grading System: Smart Growth Rating Total Points 35 0 -20 pts = * 21-39 pts.= * * 40- 59_pts = * * * 60 -79 , is = * * * * 80 -100 pts = * * * *fir w "' f, 1 't. . . R . tIMAIttaiki 4P NE!GHB Olt H l3 O COURTESY NOTICE To: Rebecca Huerta, City Manager's Office From: Lisa Wargo, Development Services iti) Date: August 27, 2009 Re: Agenda Memo Zoning Case No. 0809 -06 HEB, LP Attached to this Agenda Memo is a "DRAFT" copy of the Planning Commission minutes for the above referenced zoning case. The minutes will be approved at the September 2, 2009, Planning Commission meeting and subsequently forwarded to your office. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 19, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J.. Kel ly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior Planner Lisa Wargo, Senior Planner Lti Robert Pane ATCP,,Senior Planner Jay Reining_rst Assistant City Attorney Debora.„ ro City Attorney �'#::'.1 tits. Elena Ju ez, Reco ing Secretary Si usted quiere dirigirse a la comision y su Ingle es limitado, habra un }erprete de espariol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the:Ming was called: tQ:: order at 5:35 p.m. III. PUBLIC HEARING AGENDA rocery Company, LP -- A change of zoning • } ' "R -1 B" One- family Dwelling District to "A -2" partment House District resulting in a change of land use from vacant to senior assisted living use 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff and Encinal Farm Garden Tracts located approximately 1350 feet southeast of South Staples Street. Ms. Wargo presented the above case via PowerPoint presentation. The applicant is HEB Grocery Company, LP, represented by Mr. Murray Hudson, with Urban Engineering. The applicant is requesting to rezone 21.46 acres out of Lots 19 & 20, Section 11, of the Flour Bluff and Encinal Farm and Garden Tract from: "R-1B" One - Family Dwelling District to "A -2" Apartment House District. The purpose of rezoning is for the construction of a senior assisted living facility consisting of approximately 320 units. Ms. Wargo stated the subject property is generally located approximately 1,350 feet southeast of Staples Street, on Timbergate Drive. The zoning map shows the current Planning Commission Minutes August 19, 2009 Page 2 "R-1B" District designation for the property including. Ms. Wargo stated to the north, east, south, and west of the subject property are also "R-1B". Ms. Wargo stated the "R-1B" District provides for single- family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses. This district requires a minimum 6,000 square feet per lot with a minimum 50 foot width, 25 foot front yard setback, 5 foot side and rear yard setbacks and a maximum height of 35 feet or three stories. The maximum density in the district is 7.26 units per acre. Ms. Wargo stated the applicant is requesting the "A -2" Apartment House District which provides for residential uses (other than manufactured homes) with a higher density capability and other uses such as; boarding and lodging houses; apartment hotels; bed & breakfast inns; non-profit, religious, or educatio:a uses; and hospitals, nursing homes, and homes for the aged. Residential densi= is a maximum of 36.3 units .1 per acre. A 20 -foot front yard setback, and 5 foot side and: rear ya ` .;•., e tback is required for 1 & 2 family structures. A 10 -foot rear and side `�` �.. family mod s� #back is�uired for 3+ family structures, with an additional 5 foot side and rear yard setback for every additional story, but not exceeding 30 feet. There is a minimum street frontage of 5-O =feet, and a minimum lot size of 6,000 square feet■ Ms. Wargo stated the "A-1" District allows for fisted living facility use as well as one and two - family dwellings and- le- family dw1a s. Ms. Wargo stated the SL'ti ti1S' S vTti' : 1•: :'.t main difference between the "A-1" an Apartment Hoie:,I istricts is higher intensity uses are allowed in the "A-2" di trice } addition, the: A -1 has a height restriction of three stories while the "A -2 "has a future land use map ind e subject prtspe use, as well as all the properties = surrounding the Ms. Wargo sta follows; a 3- ster:'y, 88,20 construct Iwo, es;- jct on of four stories. The is planned for low- density residential subject property. ell consist of approximately 320 units as rodent living facility with ( +1 -240 units), square foot health care facility with ( +1 -80 units), - story, 23,E ware common area element. The proposed project is not consis t�w�th the ado FFuture d Use Map designation of lower -dens con* • I� :�� p � lower-density residents - evelopment. w s ; proposed density would fit the category of medium- residential 000, which may be considered a buffering density from the potential heavier uses the may be lasted on the corner of Staples Street and Timbergate Road in the future. A site pl,, was not submitted for the proposed project which makes it difficult for Staff to determin' ether the proposed facility will be located with adequate �� q separation from, or p=hvide adequate screening for the neighboring lower- density residential uses. The proposed assisted living use can be accomplished with the "A -1" Apartment House zoning designation, without the possibility of imposing greater density intensities in the future. Ms. Wargo stated staff recommends denial of the Applicant's request for a change in zoning from the "R-1B" (One- Family Dwelling) District to the "A -2" (Apartment House) District, in lieu thereof, approval of the "A -1" Apartment House District. Ms. Wargo stated six notices were mailed in the notification area with an additional courtesy public notice being mailed with a 1000 foot radius of the property. Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HEB GROCERY COMPANY, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 21.461 ACRES OUT OF LOTS 19 AND 20, SECTION 11, FLOUR BLUFF AND ENCINAL FARM GARDEN TRACTS, FROM " R -1 B" ONE- FAMILY DWELLING DISTRICT TO "A -2" APARTMENT HOUSE 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 HEB Grocery Company, LP, 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, August 19, 2009, during a meeting of the Planning Commission, and on Tuesday, September 15, 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 21 .461 acres out of Lots 19 and 20, Section 11, Flour Bluff and Encinal Farm Garden Tracts, located approximately 1350 feet southeast of South Staples Street, from "R -1 B" One- family Dwelling District to "A -2" Apartment House District. (Zoning Map 044032) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:1 LEG- DIR \SharedlLEGAL- DEV.SVCS12009 Agenda19 -15\O - 5oning 0809 -06- HEB- A -2.doc 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 15th day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: ' 8 , 2009 icggi7-701/&_-- eborah Walther B n Assistant City Attorney For City Attorney H :I LEG- D1RIShared\LEGAL- DEV.SVCS12O09 Agendal9- 1510RD- zoning 0809- 06- HEB- A -2.doc —136— 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 H: 1LEG- D1R \Shared\LEGAL- DEV.SVCS12009 Agenda19- 151ORD- zoning 0809- 06- HEB- A -2.doc —137— CASE # 0809.06 11 AGENDA MEMORANDUM City Council Action Date: September 15, 2009 SUBJECT: South Guth Park Ball Field Relocation Project No. 33371 CIP No. PR '11 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $5,044,754 for the South Guth Bali Field Relocation to a tract located on Paul Jones Avenue, for the Base Bid, Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1. ISSUE: This project provides for the relocation of the 13 ball fields supporting the National pp g Little League, Oso Baseball, and Oso Kickball Leagues that are located at South Guth Park along Ennis Joslin and Nile Drive. The proposed project consists of 13 new ball fields with three new , concessions /restroom buildings, storage buildings, scoreboards, fencing, batting cages, parking lots, and access roads. The site improvements include landscaping, irrigation, drainage with retention pond, parking lot lighting and associated utilities including electrical equipment for new ball field lighting. The entire site will be ADA accessible. Two separate contracts will be issued through the Purchasing Department. One contract will be for separate lighting contract is being developed under the Texas Buy-Board b Y by Purchasing Department for the Sports Field Lighting for only the 12 league fields. The purchase will include materials and installation for light poles, lighting fixtures. The purchase also includes the equipment which will be installed with the circuits in the ball field construction project. The second contract will be for the bleachers with shade structures for the 12 fields. There is an existing neighborhood playground and basketball court at South Guth Field that will be relocated within the local community by Parks and Recreation Department. A new neighborhood playground will be provided separately at the new sports field complex at Paul Jones. City Staff is also recommending the future closure of a "paper" road that borders the western edge of the property. The paper road immediately north of the property was already closed through platting and City Council. The Staff also proposes the following improvements be included as funding becomes available from the Contingency Funding reserved as part of the construction: • Purchase approximately 2.25 -acres of adjacent CCISD property on the north between the new site and future extension of Williams Drive H :IHOMEWeImaPIGENIPARKS & REC13337 SOUTH GUTH PARK BALL FIE ELEI L431FONSTRUCTIONL2 AGENDA MEMO.doc • Extension of Paul Jones Road and Holly Road to increase access to the neighborhood and new sports field complex • Rehabilitation of the existing Paul Jones Road from SPID south to the new extension FUNDING: Funding is available from the FY 2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the motion as presented. Iy G !ik, Director •f Parks and Recreation RJ 826 -34 ;; 4 sallyg ©cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E., Director of Engineering Services 826-3781 petean(c cctexas.com H:IHOME1VeImaPIGENIPARKS & REC13337 SOUTH GUTH PARK BALL FIELD ¶F402\¢NSTRUCTIONI2 AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: South Guth Park Bali Field Relocation Project No. 33371 CIP No. PR 11 PROJECT DESCRIPTION: The project provides for the relocation of the existing sports field complex at South Guth Park relocation to the new site along Paul Jones Drive. The project was developed as follows: Base Bid: The base bide consists of site preparation and demolition of existing structures for the construction of twelve new ball fields with three concession stands with restrooms, dugouts and scorekeeper boxes, scoreboards, fencing, seeding and irrigation, sidewalks, parking and access roads, underground lighting circuits, practice batting cages, and storage buildings. Additional work will include necessary underground utilities, building electrical /mechanical systems, storm water retention pond and site improvements, landscaping and miscellaneous items in accordance with the plans and specifications. Additive Alternate No. 1: Provides for an additional field for the City with infrastructure for future lighting upgrades. Additive Alternate No. 2: Provides for additional concrete parking. Additive Alternate No. 3: Provides for a new "Green Sustainable" feature for pervious concrete parking lots to reduce potentially polluted storm water run -off that helps protects water quality of the receiving natural water bodies such as the Oso Creek. Deductive Alternate No. 1: Converts the concrete parking and access roads to Hot -Mix Asphalt Concrete (HMAC). Two separate contracts will be issued through the Purchasing Department. One contract will be for separate lighting contract is being developed under the Texas Buy -Board by Purchasing Department for the Sports Field Lighting for only the 12 league fields. The purchase will include materials and installation for light poles, lighting fixtures. The purchase also includes the equipment which will be installed with the circuits in the ball field construction project. The second contract will be for the bleachers with shade structures for the 12 fields. This project is also being coordinated with the relocation of the existing South Guth Park Neighborhood Playground and Basketball Court within the local community by in -house Parks & Recreation force account. EXHIBIT "A" Page 1 of 3 H:IHOMEWeImaP \GEN\PARKS & REC13337 SOUTH GUTH PARK BALL FIELC Rl L403a1STRUCT[ON13 AGENDA BACKGROUND.doc The City also proposes to purchase approximately 2.25 acres from CCISD on the northern boundary of new complex, and street improvements to extend Paul Jones Drive and Hotly to improve site access and public transportation for the local community. The City Staff is also recommending the closure of a paper road that borders the western edge of the property, a previous section north of this property was closed through platting and City Council. Construction contingency is recommended in the amount of $227,785 (5 %). As the project progresses and funds become available, staff recommends implementing the extension of Paul Jones and Holly. BID INFORMATION: On August 12, 2009, the City received proposals from eight (8) bidders (see Exhibit "C" Tabulation of Bids). One bid was non - responsive and one bidder not submitting prices for Additive Alternate No. 3. The bids range as follows: Base Bid from $5,001,050.00 to $7,235,289.25 Additive Alternate No. 1 from $52,500.00 to $97,270.00 Additive Alternate No. 2 from $79,182.00 to $93,857.00 Additive Alternate No. 3 from $1 95,278.00 to $440,358.00 Deductive Alternate No. 1 from $(87,978.00) to $(424,155.45) The estimated cost of construction was $5,418,275. Barcom Commercial, Inc. of Corpus Christi, Texas was the low bidder on the project. A minor mathematical bid calculation error on Barcom Commercial, Inc. bid was noted and corrected. City staff and consultant, ArchitecTKO, recommend a contract be awarded to Barcom Commercial, Inc. in the amount of $5,044,754 for South Guth Park Bali Field Relocation for the Total Base Bid, Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1. CONTRACT TERMS: The project is estimated to require 250 calendar days, with completion anticipated in June 2010. BACKGROUND: This project is a result of the City's property transfer of the Oso Wastewater Treatment Plant and South Guth Park to support expansion and growth of the Texas A &M University Corpus Christi. There are three leagues with 12 existing sports fields and a neighborhood park at the South Guth Park. The City allocated $7.5 Million to purchase a tract of land along Paul Jones Drive to relocate the park and functions. Various properties were considered as well as multiple configurations of the sports field layouts. All considerations were presented and coordinated with the leagues and key stake holders resulting in the final site location and design. The existing neighborhood park in the South Guth Park will be relocated within the adjacent local community. The project is being coordinated with other projects including the Bay Trail joint City/TxDOT project for a 10 -foot concrete trail connecting the new complex with other future parks and local community. This site along Paul Jones was approved by City Council including purchase of land from three property owners. The City Staff also recommends purchase of an additional CCISD property for approximately 2.25 acres that adjoins the newly acquired property on the north EXHIBIT "A" Page 2 of 3 H:1HOME1VeImaP\GENIPARKS 8 REC13337 SOUTH GUTH PARK BALL FIELD FfE]frONSTRUCTIONI3 AGENDA BACKGROUND.doc and the future Williams Drive Extension. This tract supports the new sports complex and the future extension of Williams Drive. The design for this project was completed by Architect -TKO and Naismith Engineering. The design was coordinated with the leagues to maximize space utilization, park access and maximize the experience of play for our families. The new fields and all facilities will be modern with complete ADA accessibility and meet national standards governing youth and little league baseball, and kickball. City Staff recommends the extension of Paul Jones Drive and Holly Road to increase access to the complex as welt as local transportation. Additional recommendations include rehabilitation of the existing section of Paul Jones between SPID and the new extension. EXHIBIT "A" Pa9e3of3 H:IHOMEWeimaP1GEN\PARKS & REC13337 SOUTH GUTH PARK BALL FIELD RIL4G'5ONSTRUCTION13 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: South Guth Park Bali Field Relocation Project No. 33371 CIP No. PR 11 PRIOR COUNCIL ACTION: 1. September 25, 2007 - Public hearing regardin g South Guth Park land transfer to Texas A &M University- Corpus Christi for university expansion. 2. September 25, 2007 - Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A &M University - Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Resolution No. 027432) 3. October 16, 2007 - Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M- University System for the Benefit of Texas A &M University-Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (Ordinance No. 027451) 4. December 11, 2007 — Resolution determining a public necessity to acquire fee simple title to the surface estate only to three parcels of land for a ball field relocation project known as the South Guth Park Bali Field Relocation Project, from the owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy Shockley, et ux (Parcel 3), for the public purpose and use as a ball field park and for other related park purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (Resolution No. 027521) 5. December 18, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one -half of Lot 12, Section 31, Flour Bluff & Encinal Farm & Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Bali Field Relocation Project (Motion No. M2007 -327). —146 -- LimAnRAC1x■..I....wr ne.,Lr1 rt A, Vn ere a r+e ere e n A nv owl F 1 ^ICI f1 DtI nr e'r AICTD! I(TI(ThI A I70If D DDr7 [1 (T A r7Ir1A1c .1.,.. PRIOR COUNCIL ACTION (continued):, 6. May 20, 2008 -- Ordinance authorizing the issuance tax notes in the principal amount of $22,200,000; approving sale of tax notes, providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof; and ordaining other matters related thereto (Ordinance No. 027708). (Schedule 1 of the Note Purchase Agreement lists a total of $7,500,000 as being for the South Guth Ball Fields Relocation Project) 7. November 11, 2008 - Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1,900 in closing costs and an additional amount of $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 3, described as "Peary Place Annex B" (0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for South Guth Bali Field Relocation (Motion No. M2008 -288). 8. January 20, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in the amount of $173,400 for a restated fee of $181,620 for the South Guth Bali Fields relocation to a tract located on Paul Jones Avenue for design, bid, construction phase services (Motion No. M2009 -016). 9. April 21, 2009 — Motion authorizing payment of the Special Commissioners Award in the amount of $380,000 in connection with condemnation of Parcel 2, owned by Vickers Family Trust, for fee simple property rights to 7.197 acres of land located along the west side of Paul Jones Avenue, approximately one- quarter mile southeast of South Padre Island Drive, necessary for the South Guth Bali Field Relocation Project and for other related public purposes. PRIOR ADMINISTRATIVE ACTION: 1. July 17, 2007 - City Council Presentation by City Manager George K. Noe and Dr. Flavius C. Killebrew, President of Texas A &M University- Corpus Christi on the Texas A &M- Corpus Christi Expansion proj PRIOR ADMINISTRATIVE ACTION (continued): 4. December 7, 2007 — Administrative award of a land surveying contract to Frontier Surveying of Corpus Christi, Texas in the amount of $19,900 for land acquisition boundary survey. 5. May 1, 2009 -- Administrative award of a Testing Agreement to Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $7,400 for the South Guth Park Bali Field Relocation project. —148 -- 14.11- Ir7NAMAJnirnesEnt ttalltnCafe 2_ DC1..1111,7 Cr. irca n i ITU OA DV not 1 eIcI n DGI r1r1t'nMCTrD1lrTIf kIM DOir D or 1=r7 erTInkte &Inn N¢¢ W cn U N a N 0 mp? o Q ZU� U � � r za ¢ W U) N Z Z 0 p Z W W y U. D Z W 2 F•- a a. w HAAS - ANDERSON CONSTRUCTION LTD H M 0 O o pp G C 06 pp�� W 64 614 $ 1 ,461,000.00 $ 225,000.00 $ 12,000.00 $ 3,362,000.00 AMOUNT $ 48,000.00 $ 721, 500.00 $ 110, 510.00 $ 156.770.00 8 D r ift o N 4 $ 93,600.00 $ 3,076.20 G o p p p r • 6A 6R3 $ 152,400.00 $ 164,000.00 $ 162,000.00 ji 8 § N u N 43 68 $ 88, 560.00 $ 112,320.00 $ 17.800.00 $ 24,840.00 $ 17,754.80 $ 50.000.00 o° p Y~ O 0 N 69 64 o 8 r CD N c'� N 64 64 $ 2,167,228.50 UNIT PRICE I88.8 § GG 0 cn tN 614 1.$ 487,000.00 $ 75,000.00 UNIT PRICE $ 48,000.00 $ 3.70 ¢ CD 63 V) in st 4f3 o v 64 N c53 ri o 69. !A 8 $ G o w 64 $ 12,700.00 vvo C en 0. I r w V) O o o N N ifs 69 o w $ 14.40 $ 17,800.00 , v v N. N * $ 7.46 $ 50,000.00 ° o, pp ❑ N Qs f. w $ 1,325.00 $ 2.210.00 DON KRUEGER CONSTRUCTION CO. pw C a o i'13' $ 758,889.00 $ 251,040.00 $ 21,620.00 $ 2,602,209.00 i i $ 38,000.00 $ 762,450.00 $ 96,118.00 $ 55,769.00 $ 121,500.00 $ 3,550.50 C t[3 !-I a, 64 04 $ 1,444.50 $ 878.94 $ 158,400.00 F$ 165,225.00 $ 171,000.00 $ 54,705.00 $ 23,273.50 O o co w $ 110,370.00 $ 17,800.00 C� c ov 6Fi $ 15,517.60 $ 50,000.00 $ 17,325.00 $ 13,522.95 $ 1,627.50 C7 c 8 N 64 UNIT PRICE $ 37,730.00 I $ 45,360.00 $ 252,963.00 $ 83,680.001 $ 5,405.00 UNIT PRICE $ 38,000.00 is 3.91 $ 3.74 $ 2.17 .° 4 614 `nDi mi Oft c'�v c�ii ri o 14 64 c`�o o"o ai er w 64 o N.: N 64 o N if} $ 165,225.00 $ 5.70 $ 2,605.00 $ 2,815.00 t°n `8 r 44 r o 8 aq if} 64 $ 10,850.00 $ o `Don o r. Id Eft 64 64 $ 542.50 RAM -BRO CONTRACTING INC. 1— N:"J 0 m 6Ri $ 265,343 $ 1,085,532 $ 241,230 $ 36,000 $ 2,448,275 AMOUNT 1 $ 18.000 $ 721,500 $ 83,525 $ 32,125 Qf 6tl [ 3 44 ti3 �G C v r 614 w C co r7 613 w 64 Q7 ccr) r if► $ 152,000 $ 195,000 C7 P. V co 4 4L 614 G3 m r U4 $ 142,350 $ 25,500 O 8 64 Q G C') U7 6iO w 64 64 p o) CO rM- nl 64 64 N CV 614 c co r N w UNIT PRICE $ 31,545.00 $ 20,411.00 $ 361,844.00 pp pp v C 7 Q co 64 w UNIT PRICE 0 N. N N ri +7 r CD 6R w 40 64 N. C' ER o Ci 64 Q r] G 614 614 o o G N 6, 6+4 $ 11,333.00 ,- t Oen a cn N i r- V} 64 ° pp 0 v § $ V c7 64 64 $ 145.00 $ 18.25 $ 25,500.00 pp G en G 63 6A o o C O E N 64 64 2.50 $ 950.00 $ 2,200.00 JOURNEYMAN CONSTRUCTION - F a a $ 412,529 $ 721,287 $ 223,347 $ 15,296 $ 2,171,439 AMOUNT $ 27,500 $ 793,650 $ 97,660 $ 56,540 0 100 r 6fl v 0 64 v e- 0 1 643 44 to 0 w W r` n el ! rD 0 oi r 6R $ 167,509 $ 173,400 ' $ 46,200 $ 24,475 0 co 614 $ 111,774 $ 18,038 $ 99,000 $ 15,708 $ 50,000 ,_$ 16,956 0 v v 1 u] N 44 44 w $ 2,164,280 UNIT PRICE $ 30,730.00 1 $ 31,733.00 ~$ 240,429.00 $ 74,449.00 $ 3,824.00 IUNIT PRICE o°° C3 ri ni u, i` i14 w 64 44 0 ,t 6+4 �c Q 69 CO rl 6 43 63 o al 6 in 614 44 $ 11,913.00 $ 167,509.00 $ 5.78 $ 2,200.00 $ 2,750.00 c v 69 $ 14.33 $ 18,038.00 goo g co G v v r O 64 613 10 $ 2.46 $ 550.00 $ 2,200.00 ' BARCOM COMMERCIAL, INC. AMOUNT $ 532,074 $ 456,288 $ 759,669 $ 197,578 $ 11,681 $ 1,957,290 AMOUNT $ 30,015 $ _ 637,650 $ 103,571 $ 60,138 C if} = N 44 0 10 co D N 40 60 a' r- 64. 64 100. @7 w Came •- 6fr $ 137,012 _ $ 183,900 cD Cr0 Cori .- 64 64 d Hi $ 112,710 $ 18,229 $ 75,937 r $ 16,660 $ 50,000 $ 40,249 $ 8,348 $ 1,000 $ 2,223 $ 1,926,774 UNIT PRICE $ 20,464.39 $ 35,099.08 $253,223.00 $ 65,859.34 $ 2,920.25 UNIT PRICE G rc; o A in ch • of 0 en w 64 64 64 co c,, 64 nQ7i 4 64 cNi co CV v 40 63 c:! 0 CA g 6A 614 $ 11,373.67 0 N co r v c r 64 64 $ 1,889.81 $ 1,889.78 N, en 69 $ 14.45 $ 18,229.00 �$ o o c ti C cD v_ v 1 1t�'1 en 44 64 w 61} 1.50_ $ 333.33 $ 2,223.00 SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) H I" ' N W Y J rn (►! W il} LL N U. W Cn —1 u. ¢ J W ¢ W aa W r/s ?- -� L3 U U Q Q LL ..-� W J _,O) ❑ N¢ g V! J W J W W ill 2 W I- 0 i4 DUGOUTS 26 SCOREKEEPER BOX 13 CONCESSION/RESTROOM BUILDING 3 STORAGE BUILDING 3 DUMPSTER ENCLOSURE 4 SUB - TOTAL, PART A- BUILDINGS AND STRUCTURES (A.1 - A.5) BID ITEM QTY I vaCi © N N o Q N v CO N N in C. r ! v r 0 CSI Cl r ^ 0 n e^ co N C7 e[y I DEMOLITION _ REINFORCED CONCRETE PAVEMENT FOR PARKING (LIGHT DUTY) (LIME STABILIZED SUBGRADE EXCAVATION AND EMBANKMENT REINFORCED CONCRETE PAVEMENT FOR CONCESSION /SERVICE ROAD (LIGHT DUTY) REINFORCED CONCRETE PAVEMENT FOR DUMPSTER ENCLOSURE (HEAVY DUTY) CONCRETE SIDEWALK PAVEMENT STRIPING CROSSWALK (THERMO - PLASTIC) ,WHEEL STOPS (ADA SPACESI 1,11 <Jf• . 1 iLL.V VV.•y ■ f•Vy 1 iVi■ 1,.wVL.V LJII.V GRADING, INFIELD AND PITCHING MOUNT MATERIAL, AND BASES) IRRIGATION OF SPORTS FIELDS SITE FILL MATERIAL SITE SEEDING BALL FIELD SEEDING INFIELD FENCING, BACKSTOP AND ACCESS GATES 6' OUTFIELD FENCING AND GATES RETENTION POND FENCING AND GATE MAINTENANCE ON GRASS FIELDS (MOWING AND WATERING) ALL WEATHER ACCESS ROAD LANDSCAPING ALLOWANCE BATTING CAGES SEDIMENT CONTROL FENCE ROCK FILTER DAM TEMPORARY CONSTRUCTION EXIT SUB TOTAL, PART B - CIVIL SITEWORK (B.1 - B.26) W r N Q < C) .4 en Q 4, Q H — r- N el o0 C[i 0i co , to 0 - 0 m 1 4 N. CQ of o7 9-6 G1 r' m oD , r r m N r- m , [+7 .41' r r oa c i to CO r r m at N. r Co 00 0 r r oa CD 0 r N cl N N N N oo c0 , m m v LD 0 N N N co o0 m 7i W [A 0 0. N N o3� op¢ z a ,I, 0)wO F- Z Z 0 Z W U. 0 W 2 OC w 0 HAAS - ANDERSON CONSTRUCTION LTD AMOUNT o °o . CO , CO M VT V) $ 1,067.40 $ 2.484.00 $ 2,205.00 $ 620.00 $ 960.00 $ 7.284.00 v8 N ti ! 44 V} N +[} 64 $ 75, 723.40 AMOUNT ov r +-� 41! $ 16,530.00 $ 6,195.00 $ 496.50 $ 12,144.00 $ 3,640.00 $ 8,025.00 L$ 1,380.00 S 380.00 ;°n ci, O LO V} AMOUNT $ 36,018.00 $ 2,235.00 Q 0 r r 64 $ 8,100.00 $ 14,766.00 +!7 f v GINS ry N. s UNIT PRICE r° o v e- 614 Vi R�oo • NN- OO VT 44 +0 C 4R fA $ 320.00 $ 1,214.00 oo o O^ L*} VT VT r Vi UNIT PRICE oo$o°°v r en VT 64 of r r N 44 44 0 V (. 44 VT 0 g CM7 VT $ 460.00 $ 380.00 UNIT PRICE $ 6.00 $ 2,235.00. $800 LA ch 64 (Li N s lIT 64 r VT DON KRUEGER CONSTRUCTION CO. AMOUNT $ 8,029.00 $ 39,761.98 $ 1,031.82 $ 2,442.00 $ 2,170.00 $ 608.00 $ 945.00 $ 7,170.00 $ 261.00 $ 10,590.00 $ 3,255.00 $ 76,263.80 a ❑ 0 $ 1,200.00 $ 5,506.80 $ 17,008.50 $ 6,416.25 $ 479.95 $ 11,940.00 $ 3,581.00 $ 7,890.00 $ 1,356.00 o c) S N. in a = �r $ 14,707.35 $ 2,715.00 $ 12,629.30 $ 5,859.00 $ 21,217.50 ti m 3 44 v co fa in iFT W m N O p 2 o4v4241ri . m r r Z > 414 44 fA Ift 64 V} $ 315.00 $ 1,195.00 $ 87.00 $ 3.530.00 D cri - 44 + U . N Z 7 0 r WI ni4arc - r r VT VT EFT N. N N V} VT $ 5,970.00 $ 3,581.00 p pp Bc co n 44 4R pp P. M VT w u d H Z $ 2.45 $ 2,71 5.00 O c1vcr r7 44 o 2 i3 �wr VF 4A o 44 RAM -BRO CONTRACTING INC. 8 VBS v°N I- n iIn as cv_ v z Cr! N fh r- s 0 a fit to 6., 49. 64 44 - °°CC co In v v e- CO VW 64 4A Vf v N 44 $ 47,252 • AMOUNT °°$e°r00000 as n Cl} UO VT VT V} fG e'• 6g 44 v v Lri CV fro 64. 17 N N ri .- fa fR 64 $ 30,105 Z 0 -, o °O► v v r Crl 40 VW q ❑ fA N °at i co VT 46 o VW Ht co co Vi UNIT PRICE $ 5.00 $ 8.00 $ 1.00 1$ 650.00 $ 325.00 $___ 225.00 $ 225.00 15 250.00 $ 150.00 $ 2,800.00 o G C m 64 v - O. F Z = o000o [id i C VW VT V) w +- VT VT $ _ 2,500.00 $ 2,000.00 $ 3,500.00 $ 400.00 $ 200.00 UNIT PRICE o0 N 0 $ C4 49 fA 0000 6 fa cti 6 In In V} 44 r 44 JOURNEYMAN CONSTRUCTION AMOUNT $ 4.070 $ 43,397 $ 3,914 $ 2,475 $ 1,788 $ 550 C, c°O 2 ), al. +v; O r- r cl, V, 4 t• 43 fro 0 C) 44 a) OW AMOUNT $ 1,760 $ 7,508 $ 17,226 cco cv Cf) N CD 6R 414 p°p 0 G1 u7 a 1,4 40 Lt cc in C) c'7 . r V3 V3 VT $ 52,475 AMOUNT eio 1°n IF • T N 6R VT c7 ti r VT ❑ v. in Iii. Cn N EA VW en In In VT $ 58,306 UNIT PRICE $ 5.50 $ 15.40 $ 1.10 $ 825.00 $ 367.50 $ 275.00 $ 330.00 $ 330.00 $ 495.00 $ 4,345.00 o C ° r 44 UNIT PRICE °o cG N F , G D r r r VT 44 VT tnl v, li e- r N 63 69 00.095 $ 00-0g611, $ $ 4,950.00 $ 440.00 $ 385.00 UNIT PRICE $ 2.46 $ 2,750.00_ o ai c) VT D D° en Lri C7 C•7 ❑ 6A 64 *.: VT BARCOM COMMERCIAL, INC. AMOUNT $ 5,143 $ 48,611 $ 2,242 $ 2,934 $ 2,640 611 C7) - CO N ,-- ,- 44 ift VT 4a N r n VT VW m Vt AMOUNT N v IS N [�) 1► v N r co co VT 64 V} f+7 C►! v IQ N r ir r Vf 40 oo ° 1i] CD L(7 C) Lh 69. VT •r ti [�7 r" OO ❑ C7 tft 64 44 I .1- %I) o 6* F Z 7 0 Q as o) o G N VT 64 co cal C VT $ 6,003 $ 21,733 + CO 1�ri 64 ti 0 0 44 UNIT PRICE $ 17.25 $ 0.63 $ 978.00 $ 528.00 $ 305.50 $ 328.00 $ 361.34 $ 355.67 $ 3,957.67 N. 4 CC a 44 C.) w j c, 0. H Z = IS tN • rN n C7 n r N VT 4A V► L• G ti 0 .w EFT V, D G 6 0) CCr! CV VT 44 C' ° 2 Lr) 2 CO C❑ri C! VT VT V, UNIT PRICE 2 p N at N 49 V, N fz; V 4, M' C*i CO 6, fA 44 SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) Z J JLL.t W W W 7 W W W W W 7 J J L.L. J J W W J W W Z 7 J W J J UJ J ci? o n N g C►7 Li7 N r+7 !D C'7 ['7 4+3 a v 01 CO N CO r N Y r r a 8 r N 3 r. N in BID ITEM 12" PVC WATERLINE 16" PVC WATERLINE ;TRENCH SAFETY 16" DJ., M.J. GATE VALVE 6" D.I. M.J. TEE 6" D.I., M.J. 45 DEGREE BEND 6" D.I., M.J. 90 DEGREE BEND 6" D.I., M.J. LONG PATTERN SLEEVES 6" X 2" SERVICE SADDLE FIRE HYDRANT ASSEMBLY WATER SERVICE CONNECTION SUB TOTAL, PART C - WATER SYSTEM (C.1 - C.11) BID ITEM 4" PVC GRAVITY SEWER (0' -5' CUT) 6" PVC GRAVITY SEWER (0' -5' CUT) 6" PVC GRAVITY SEWER (5' -7' CUT) 6" PVC GRAVITY SEWER (7' -9' CUT) TRENCH SAFETY FOR GRAVITY SEWER FIBERGLASS MANHOLE MANHOLE DROP CONNECTION REHABILITATION OF EXISTING MANHOLE 6" CLEAN -OUT WITH METAL BOOT 4" CLEAN -OUT WITH METAL BOOT SUB TOTAL PART D- SANITARY SEWER SYSTEM (0.1 - D.10) BID ITEM DRAINAGE SWALE POST INLET 24" HIGH DENSITY POLYETHYLENE CORRUGATED PIPE 18" REINFORCED CONCRETE PIPE CONCRETE SLOPED END TREATMENT TRENCH SAFETY SUB- TOTAL, PART E - STORMWATER SYSTEM (E.1 - E.6) F r ht (1 in ff] n Cp G) r /- —� t . — in fG i� v CD im '- W ~ e- L 7 in. to Nq W N 2 U7 D 0. L� N BUD E 00 off¢ ZU=.. 0 ' < W CO U p Z W W U. 0 W 2 a w HAAS - ANDERSON CONSTRUCTION LTD $ 68,000.00 $ 113,000.00 $ 15, 500.00 $ $ 31,000.00 $ 204,000.00 L$ 14,300.00 $ 75,000.00 $ 8 4f3 iq $ 36,000.00 $ 123,000.00 $ 40,800.00 $ 241,000.00 ❑v Ih Q r• c V3 0 4fi `c 4f} AMOUNT 1 L$ 74,400.00 $ 9,030.00 $ 2,100.00 $ 85,530.00 UNIT PRICE 0 0 S§ cis coo- , 4f3 la $ 15,500.00 $ 15,500.00 j $ 31,000.00 $ 204,000.00 p v S §c 0 .:17 n fA fa $ 19.000.00 ! $ 6,000.00 $ 36,000.00 $ 123,000.00 0 a 0 r ig O � _ v N CO UNIT PRICE O a Q co 413 IUNIT PRICE O 0 v fR 0 v•- 64 U3 DON KRUEGER CONSTRUCTION CO. AMOUNT $ 57,100.00 $ 266,235.00 $ 16,500.00, $ 5,210.00 $ 24,170.00 $ 200,130.00 0 °v rya r fa T r IA IA $ 22,200.00 $ 7,870.00 $ 43,620.00 $ 122, 300.00 o° v, G O's 44 a° T N 413 - c .- ! in ti v .if' 0 CO CO AMOUNT 00'00L'LB $ v n co 69 = 0 $ 72,726.00 $ 7,980.00 $ 4,557.00 , $ 85,263.00 UNIT PRICE $ 57,100.00 $ 266,235.00 S 0 �j 1[? N , in 40 fa $ 24,170.00 $ 200,130.00 $ 11,100.00 $ 17,830.00 $ 22,200.00 .5 7,870.00 $ 43,620.00 $ 122,300.00 $ 30,000.00 O cn. en N CO w U a H Z O co Efi w V a Z► ir! E13 m fir} N ff3 44 RAM -BRO CONTRACTING INC. $ 65,428 $ 112,567 $ U3 4f3 41,022 $ 190,709 $ 22,036 $ 17,521 $ 32,055 $ 6,140 $ 52,030 $ 153,336 13,440 $ 283,657 $ - T el fl4 § 413 i.. $ 80,110 G ,- 4f3 AMOUNT ❑ CO 4f3 t!} LO 03 co. if3 if3 $ 78,270 UNIT PRICE $ 65,428.00 $ 112,567.00 $ 24,640.00 $ 2,800.00 $ 41,022.00 $ 190,709.00 $ 22,036.00 $ 17,521.00 $ 32,055.00 $ 6,140.00 $ 52,030.00 l 5 153,336.00 $ 4,480.00 $ 283,657.00 UNIT PRICE D d r r D CO 4*3 UNIT PRICE ❑ f, 4.3 Ul 117 N N fa 413 JOURNEYMAN CONSTRUCTION Z 0 a $ 51,257 $ 174,351 $ 54,487 $ 14,567 $ 30,243 $ 202,159 $ 14,421 $ 14,175 Zr�p , O C] CO U3 CO ! rn r7 ti r M N 4fk CO rr. P. P. ate- if} $ 235,044 �, n r C a. il4 +• LS7 co ui is AMOUNT m r� co in 44 v ti co in 4F3 AMOUNT N ❑ NI in fa Liz v CO N D 0. CO '� U3 U3 E$ 88,407 L UNIT PRICE $ 51,257.00 $ 174,351.00 $ 54,487.00 5 14,567.00 $ 30,243.00 $ 202,159.00 $ 14,421.00 $ 14,175.00 $ 17,994.00 $ 5,806.00 $ 35,731.00 $ 123,159.00 $ 4,593.00 5 235,044.00 V 2 O. F- E. ❑ 0 D 2 ❑ vi ff} -1 IUNIT PRICE `Rt 613 R 03 N C6 N IA 404 - BARCOM COMMERCIAL, INC. AMOUNT $ 39,219 $ 78,817 $ 24,457 $ 11,117 $ 40,717 $ 183,263 $ 21,872 $ 17.391 aa, C° 0 c+7 ❑ 4.3 V3 $ 51,642 $ 166,254 $ 11,005 CD V. 03 N . 4f3 $ 942,131 r- O �- p ll7 413 AMOUNT $ 52,500 N Ef3 - - -- -- Z 7 0 a? lb a iA !a 413 Q Q ! r CD 13% a .4 w 4113 N CO , f�1 f� 44 UNIT PRICE $ 39,219.00 $ 78,817.00 $ 24,457.00 $ 11,117.00 $ 40,717.00 $183,263.00 $ 21,872.00 $ 17, 391.00 $ 31,816.00 $ 6,094.00 $ 51,642.00 $166,254.00 $ 3,668.33 $258,467.00 UNIT PRICE 0 v 0 in nF in 6A „--.. IUNIT PRICE r, Cr, fig. ° V ni 4113 U3 , .._ SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) ~ = CO N J J CO U) J J CO CO J J CO CO J J U) V7 J J U) 01 J J Q W CO -1 ~ = CO -a _ ~ = LL CO 7r X17 CO H a el 1. o Y F. v ° ID °!° O O T r 2 W H 0 � MECHANICAL SYSTEMS SCOREBOARD CONDUIT AND WIRING PRIMARY SYSTEM XFMR PAD AND PULL BOX STORAGE BUILDING ELECTRICAL CONCESSIONIRESTROOM BUILDING ELECTRICAL, DUGOUTS /SCOREKEEPER ELECTRICAL Y BATTING CAGES AREA LIGHTING TELEPHONE/CABLE CONDUIT METER RACK AT FUTURE MAINTENANCE BUILDING SUB -XFMR TO CONCESSIONIRESTROOM BUILDING PARKING LOT LIGHTING FIRE ALARM SYSTEM (including initiating devices, 'notification devices, and fire alarm control panel at concession building) PLUMBING SYSTEMS SUB - TOTAL, PART F - MECHANICAL, ELECTRICAL, S PLUMBING (F.1 - F.14) TOTAL BASE BID SUM OF PARTS A, B, C, D, E, & F BID ITEM ADDITIONAL BALL FIELD TOTAL, ALTERNATE ADDITIVE BID (AA.1) BID ITEM REINFORCED CONCRETE PAVEMENT FOR NORTH- EAST PARKING LOT LIME STABILIZED SUBGRADE EXCAVATION AND EMBANKMENT TOTAL, ALTERNATE ADDITIVE BID (AA.1) W r N U. iL Ln CD LL. i LL N. W 11. U v G7 r LL. LL ! N r r LL. LL CI r U. � ,.. L - W h- 4 W H 04 ¢ ¢ N fI N N , d V] w U(1) !Y N Qu= moca LL D�N cr �GCQ CD Li CI Q Li! w ~zz CD 0 W 11.i LL H 2 W 1- W 1- Z 0 a UNIT PRICE 0 0 ❑ ❑ mm 0 a m 0 0 m 0 H 2 2 0 GO 0 z ❑ 0 0o zz m 0 z 0 z UNIT PRICE 0 0 0 0 ❑ in 0 as ti 0 ❑ er G ❑ ri c o 0n NCO 0 at r. r co N N- 01 f` -- v Oft 46 w 64 4* 5g a ti 0 00 0 Q o ri 44 Yt .64 4rt 4* 0 0 Of 0) N m 0 a CA m m 0 a co 4o 414 414 6 $ 6,457,313.95 WV z =_v ce 0 Y 0 co 0 2 0 •M)!0) 00 icr Z N r: D 4 cri u7 r � a co O1 r 0, 2 rr N ID N < r e N 44 44 414 & 44 UNIT PRICE -.- CD 0 M 0) +- CO 4 N M 414 4A 414 44 F- 0 2 0 00, a01. 0 0 °r° rn C 0 n e N- N N N. co 64 44 44 44 64 64 6,074,077.79 $ 6,161,777.79 $ 6,247,040.79 $ 6,473,987.19 $ 5,957,284.61 UNIT PRICE 0 m co �- C11 •- r] r^i 46 64 6% Eft d4 1 g UNIT PRICE c 0) 0 ra °° co 0) M CD 0) D te- N N s^ r? .► 44 69 44 44. 61t 000 0 N N N n C11 6 4A (0 Oft (0 10 CVC 40 4 cco ti N 4 44 4* Eft Eft E4 Eft UNIT PRICE r er 0 vi 0 Ci Ch 10 414 414 eA 4* eA a' N WI a 0 CO iri ui 10 4ri w 491. (0 4R JOURNEYMAN CONSTRUCTION 1- Z 0 CO r, Q7 CA C) CD CO : 0 0 CD. r, 0 c1 N a[7 N 0 . • N 64 64 61 0 0 ." c-st Qv n1 (0 414 414 1- z 0 2 I, CO N eCDD 0 N a] 4. r►, N O e•�'7 N C 7 40 44 w Oft Eft it 0 UNIT PRICE 0 b _ 0 (0 fA Eft 44 414 ti to 0 71. N 0) at co o pi o 0 N. 11)) CD m 0 11, 41, 41 is 44 44 eA BARCOM COMMERCIAL, INC. H Z 0 44 CD 01 N 0) cisA N 64 4A S CO le le 0 N 44 43 H Z 0 N N 0 N ti 0) o . _ o (4) 0) c► co 4 0 m N N to 64 44 4 414 44 44 114 0 m 0 0 0 ti CD r4- 1) (4) N "Rt 0 r e+7 0 ID 10 eri l 44 46 4R fit ri co N co CV tY N 4* 414 ti co Cd UNIT PRICE 44) 10 � er N 0) in a, t` N r N 0 CV C� Oft 44 44 4A 414 SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) 1- z LL N N {n LL N 1- z 0 a, o 8 0 CO 1D a, t Cn (1) (1) 7 0 N er 0 0 co. L! 0 to COp r 44 N m V. N i W H W H N J H F z 1- w 2 a CO w z z N I ¢� ❑ w cc W O X a < 0 F- 0) CI er7 Q Q d.w REINFORCED CONCRETE PAVEMENT TOTAL, ALTERNATE ADDITIVE BID AA.3 W H O m W t - N c•] REINFORCED CONCRETE PAVEMENT REINFORCED CONCRETE PAVEMENT 1- 01 M Iw wQ TOTAL, ALTERNATE DEDUCTIVE BID DA.1 TOTAL BASE BID 0 0) Z 0 F d 0) 03F- 2'12 0 a 0 W a w z N W m EXHIBIT "C" Pahpdnf8 1- Z 0 0 2 a UNIT PRICE TEAL BUILDING AND CONSTRUCTION LTD dba TEAL CONSTRUCTION CO. rAMOUNT ,e, 1 `Q L� $ 774,150 $ 121,304 $ 398,864 $ 105,840 VI b \*.i. i aryaCO�m S N ift 4A I T CO b4 -$ 3,706 $ 210,221 0 C $ 165,108 $ 165,000 $ 45,511 _$ 24,110 I-• —� $ 150,462 $ 19,467 $ 97,523 $ 28,703 $ 50,000 $ 50,000.00 1$ 50,000 $ 62,747 $ 12,020. `#< cyl, O) !l T w is -/ — WORKMAN COMMERCIAL CONSTRUCTION SERVICES LTD. AMOUNT CO V V CO { os. $ 1,009,493 $ 242,004 $ 12,414 $ 1 $ 3,298,946 AMOUNT $ 28,376 iii 0 E il. I M $ 52,633.33 $ 51,274.51 $ 336,497.70 $ 80,668.04 $ 3,103.41 LLI 0 cc a 1 I. 1 g $ 28,376.031 I•- Q1 "i 44 P...., N N ti si7 et tri is iR N Os t►i dR in a0 44 ti c7 N th o 64 44 [G !� o 6 44 4A $ 205.88 $ 17,518.44 O 0 r u, CO 49 OD T co , a) 6 D r P. N N iR iR r. CD. v r.. CO of let N h v Cs to is $ 10,835.92 $ 12.06 $ 50,000.00 $ 20,915.50 $ 2.16 1 $ 1.293.81 _ $ 1 ,843.19 SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) JEFFREY C. STONE INC., dba SUMMIT BUILDERS AMOUNT 8 N T ia $ 1,124,377.89 $ 244,250.67 $ 22,942.56 $ - $ 3,059,466.57 AMOUNT $ 72,950.95 $ 739,050.04 $ 155,999.00 127,472.00 , 0 VI v i% h"1 m ti - 0 M e CO . ea a c w 4 4 0 0 of $ 411,950.52 $ . 169,564.89 $ 651,300.00 $ ,. $ - 2356,784120.36 40 el p' $ 112,944.00 $ _ _ 19,129.93 $ t to 16,969.40 $ 50,000.00_ $ 41,376.09 $ 7,735.35 $ 3,941.79 $ 3,312.66 UNIT I UNIT PRICE 3 co ti tMi ig EA $ 374,792.63 EA $ 81,416.89 EA $ 5,735.64 UNIT UNIT PRICE I LS 1 $ 72,950.95 I CD e7 44 [J] O co tC 49 44 eh 4A e" 4f► ne°i, N avo r [h C G7 4A 44 4 % 4 4 EA $ 211.87 EA $ 34,329.21 ij r p 21 I AC I $ 2,672.401 8.9 AC $ 2,672.40 O CO Os eh Os 0 T r G b y v' N.r 3 EA $ 1,313.93 1 LS $ 3,312.66 [I]. N U3 CO !!� J J W N ti v v r N t 7 Q CO R3 N T rn el Q r ° v p r i7 tri N N ti N o $ � � CQ N j o0 C r N T tC [D N BID ITEM DUGOUTS SCOREKEEPER BOX CONCESSIONIRESTROOM BUILDING STORAGE BUILDING DUMPSTER ENCLOSURE SUB- TOTAL, PART A BUILDINGS AND STRUCTURES (A.1 - A.5) BID ITEM DEMOLITION REINFORCED CONCRETE PAVEMENT FOR PARKING (LIGHT DUTY) LIME STABILIZED SUBGRADE EXCAVATION AND EMBANKMENT REINFORCED CONCRETE PAVEMENT FOR CONCESSION /SERVICE ROAD (LIGHT DUTY) REINFORCED CONCRETE PAVEMENT FOR DUMPSTER ENCLOSURE (HEAVY DUTY) CONCRETE SIDEWALK PAVEMENT STRIPING CROSSWALK (THERMO- PLASTIC) WHEEL STOPS (ADA SPACES) ACCESSIBLE PARKING SIGNS AND STRIPING SPORT FIELD CONSTRUCTION (INCLUDING GRADING, INFIELD AND PITCHING MOUNT MATERIAL, AND BASES) IRRIGATION OF SPORTS FIELDS SITE FILL MATERIAL SITE SEEDING BALL FIELD SEEDING 1NFIELD FENCING, BACKSTOP AND ACCESS GATES 16' OUTFIELD FENCING AND GATES RETENTION POND FENCING AND GATE MAINTENANCE ON GRASS FIELDS (MOWING AND WATERING) [ALLWEATHERACCESS ROAD LANDSCAPING ALLOWANCE BATTING CAGES SEDIMENT CONTROL FENCE ROCK FILTER DAM TEMPORARY CONSTRUCTION EXIT H r N .r t�7 ..r s!7 .r W i �— rti N rri C tri rri ..� m eD [i7 ^ ti co Os , m 6 , m p r r e— 07 LO N ti V. ' r- CA m m Rf7 cD T r C] CQ r► r L0 CO Of T r m iQ 0 N m r N N N 0] co ens N CM [i 09 to td N N m m , cn W N U7 C] S U c] LL oc Z UI � N Z > L13 2 Z 2 W W ti 0 W 2 F-� a u < 0 2 2 pF-' m Z lx 0 H U w 2 V Q J V} W5 X W 02 cc re 0 2 2 2 05 cc W W in LL W SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) 0 0 0 O 3,011,939.05 UNIT PRICE 1'1 0 4 UNIT PRICE UNIT PRICE 111 N CD 0 CO LL. J N N T 1: fro 40 CO N G 4A J 04 0 I0 0 0 0) N N 00 ai to 0) 6R 01 P1 3 Pi P1 Lei co 40 W M 0) N 44 ' Ch N C S N CD ni 44 414 01 C7 m C1 C) ti to co N CO N f4 , CO N fro v v4 Co er7 OQ 01 N at 0 03 CO P. 0 49 4.4 fa N oi ti 44 or, N V4 0 CO PI 10 44. M 64 - r WWW lei L4 m a 0) co 01 CO to 10 OQ 0 4r4 m 00 OQ Ia Lt7 N !r? PVC WATERLINE aao W {D 40 W P1 1') 00 1` C1 10 fA 40 10 40 0 4, fro W 1�7 0 --1 W Z 2 2 w N <w is 2 Q LLJ } Dr = W LL SUB TOTAL, PART C - WATER SYSTEM (C.1 - C.11) 0 N e7 1!? fa f` al UNIT PRICE H 2 UNIT PRICE F 2 0 UNIT PRICE 2 a W m 2 0 r 1 C1"1110-, ✓ L] H • 41 N 01 40 N N N era r r Y7 ✓ ID 14 m N 44 44 40 VW 40 CA CD PI 1► {� N r 6414104•4414 0 0 0 0 Q ao P1 +1/: i ��pp1 117 a co 4 N M $ ✓ 10 10 to 40 40 44 40 44 N N N 10 N Q r N C 10 fro 44 40 464 4. Li. W 1s. LL J J J J J 00 lei 40 co 0) eel 0 I• N 40 n 40 4(1 4 Lr1 0o 4- tV 44 W f• N'! N co W OD 3 N eV r fA fR 4r4 40 F 0 2 40 404 44 44 S N N N 4�1 g N N N 40 W 1!i P1 CO 40 li7 th co 43 J 11:0 0) ✓ m 1 171 le] 40 44 fa N 0) 8(0 44 40 w W UNIT PRICE 0 0 ▪ CO 01 N 40 49 N 001 0) [V N 4,) 10 v 0 4 40 4, 1► 0o C4 14 vi N 4, lei th N 44 C) iA PI CD T 40 co to ti 00 co 44 DS ✓ 01 to 0 n N 0 UNIT PRICE 0 61f fR 8 ra N 4 fa 44 ID tti 4* 0 N O b0 01 40 10 N► 10 44, W Q J W co ti 49 LL J N cc!pp I�3 44 LL J 1- r If7 0 co 4A W co '- � P1 � e ✓ N 44 44, 44 ti iV 40 N O r 4,7 co 0 co 4, N 4- J S, 4,) O to PPE P leg 117 I" b W W W W 1L N N N N 7 7 7 7 Lili.L. cc co g 4ccD 7 > > 7 2 a a a a ccUJ kr to fo to MANHOLE DROP CONNECTION REHABILITATION OF EXISTING MANHOLE 6" CLEAN -OUT WITH METAL BOOT N 40 ca a 14" CLEAN -OUT WITH METAL BOOT a W 0 m 2 W W a a 18" REINFORCED CONCRETE PIPE CONCRETE SLOPED END TREATMENT TRENCH SAFETY r N 0 U1 ifl DEPARTMENT a 0 1 UNIT PRICE . .,:, .� ❑ z a�❑ Zz0 7 u y _J W N W N Q J Z . 0 a ! �r L I ,_ z . 0 INCOMPLETE - , 0 Jl W U 0. ~ W W d AMOUNT [ s 89,071 $ 108,908 23,839 8pcp t• cG N r 44 b 184,510 $ 21,320 _$ 1 6,952 $ 31,012 0 c ICJ o 44 44 $ 148,349 $ 39,009 $ 292,472 $ $ 1.054,119 $ 7,231,383 2 0 $ 97,270 $ 97,270 AMOUNT o N A 413 NW O1 M ! 44 44 m co co 44 $ 108,907.54 $ 23,839.03 $ 2,708.98 , $ 39,688.74 $ 184,509.78 $ 21,319.68 $ 16,951.72 $ 31,012.41 $ 5,940.25 $ 50,338.29 $ 148.349.22 $ 13,003.11 $ 292,472.43 W a z p N °} UNIT PRICE CI AMOUNT 1 $ 77,417.20 I $ • 51,081.81 $ 1 5,248.27 $ 14,746.08 $ 30,614.57 r C7 h E 23 r N 413 40 $ 75,620.01 $ 18,214.63 $ 5,877.05 $ 36,1 69.82 $ 124,670.80 $ 13,946.58 0 0, L7 c) 43 403 0 44 $ 7,235,289.25 = 0 1 $ 78,961.63 $ 78,961.63 AMOUNT C a v O ti 44 0 °v 4' ti z N o r r 44 40 0 ta to P o 4A $ 51,081.81 $ 15,248.27 $ 14,746.08 $ 30,614.57 $ 204,640.14 $ 14,597.99 $ 75,620.01 $ 18,214.63 $ 5,877.05_ $ 36,169.82 $124,670.80 $ 4,648.86 rr-' O § UNIT PRICE m m ai r- 49. UNIT PRICE ti � 40 a o to ea !A CO CO J J CO co J J co U3 J J Vi to J J co CO J J CO J CO J P• = CD �[i _ LL N 7- 7- Ua U) r N N ter., ITH GUTH PARK BALLFIELD RELOCATION (PROJECT BID ITEM 1MECHANICAL SYSTEMS SCOREBOARD CONDUIT AND WIRING PRIMARY SYSTEM XFMR PAD AND PULL BOX STORAGE BUILDING ELECTRICAL CONCESSION/RESTROOM BUILDING ELECTRICAL, DUGOUTS /SCOREKEEPER ELECTRICAL BATTING CAGES AREA LIGHTING TELEPHONE/CABLE CONDUIT METER RACK AT FUTURE MAINTENANCE BUILDING SUB -XFMR TO CONCESSION/RESTROOM BUILDING PARKING LOT LIGHTING FIRE ALARM SYSTEM (including initiating devices, notification devices, and fire alarm control panel at concession building) TOTAL BASE BID SUM OF PARTS A,B,C,D,E,&F 0 ADDITIONAL BALL FIELD TOTAL, ALTERNATE ADDITIVE BID (AA.1) BID ITEM LIME STABILIZED SUBGRADE EXCAVATION AND EMBANKMENT TOTAL, ALTERNATE ADDITIVE BID (AA.1) c+t ts_ �t) ti (D N- Lt_ ti 0) LL ti o '- = LL U. r U LL: ..1~ r ti g W ~ •- r W ~ Y- N N en N cv �d d� cn cn M Q. cc nt U N Vr zy; w co z W W 0 Lt W 2 O- W N Z ❑ W a UNIT PRICE rYikb O 0 0 00 • 00 � 40 m 0 44 44 $ 6,650,000.00 0 0 0 0 0 0 0) 10 44 $ 6,352,000.00 4 J W5 ON c�z o Li o~ N z 0 z a 4 m a, 0 r 0 0 0 SOUTH GUTH PARK BALLFIELD RELOCATION (PROJECT NO. 3337) 0 0 N a r7 C) 64 LL u] 0 sr co LC or a 0 r'i A ao N u) 0 ua 0 0 W H o W t- N 1/4 44 64 ▪ N r) eh 44 44 o 0 o CO 0 0 44 r') 00 re CO In 4) 1: N [0+7 414 U4 44 cm 0 e�7 • t"i 64 44 CO CO 1°n co sr aa, 0 1— W t- Lt] F- 2 0 N 111 N mN C ti N 44 44 N 0 0 0) in 44 D • N CO 8! et W r.+ N 4.1 40 �, 4444 0 0 44 UNIT PRICE r r 0 4. H4 44 44 0 INn 40 0l CO N 0 rri v N N a a 0 a 0 ai M 44 44 44 44 1 e N iii CO N m ni 6 o N A In e 11N.. N !7 A 1. 7,407,907.88 GO 414 44 44 44 7,565,106.38 44 7,090,505.05 N4 UNIT PRICE 01 0 0 •= 0 44 X14 V} p 0- 0) 4. 0) ti N CO u. 0 8 co 0 to tti tn. N M 0 0 co co REINFORCED CONCRETE PAVEMENT TOTAL, ALTERNATE ADDITIVE BID AA.3 2 FLEXIBLE BASE HIGH STRENGTH REINFORCED CONCRETE PAVEMENT 4- om REINFORCED CONCRETE PAVEMENT TOTAL, ALTERNATE DEDUCTIVE BID DA.1 BID SUMMARY TOTAL BASE BID 0 0 oC 0 w Z 4- 0 1— 0 z p0 0 w 0 W COz 2 Cn O W 0 J ci PROJECT BUDGET SOUTH GUTH PARK BALL FIELD RELOCATION PROJECT NO. 3337 September 15, 2009 FUNDS AVAILABLE: Tax Notes authorized on May 20, 2008 (Ordinance No. 027708) $7,500,000.00 FUNDS REQUIRED: Construction (Barcom Commercial, Inc.) $5,044,754.00 Contingencies (5 %) 227,786.95 Site Preparation (Fox Tree & Landscaping)... 12,500.00 Site Preparation (Ramos Construction) 80,550.00 Consultant (ArchitecTKO) 181,620.00 Consultant (LNV Engineering) (environmental /permitting) 23,960.00 Consultant (Frontier Surveying)... 19,900.00 Lighting Contract (Texas Buy Board) 751,000.00 City Neighborhood Park Relocation 60,000.00 Land Acquisition Costs 855,429.05 Reimbursements 152,500.00 Construction Observation 35,000.00 Testing (Rock Engineering & Testing Laboratory) 50,000.00 Misc. (Printing, Advertising, etc.) 5,000.00 Total $7,500,000.00 FUTURE IMPROVEMENTS: POTENTIAL FUNDS AVAILABLE: Contingencies (5 %) $227,786.95. FUNDING NEEDS: CCISD Land Acquisition 2.25 acres $70,000.00 Paul Jones to Holly Road Extension 275,000.00 Paul Jones Drive Existing Road Rehabilition (SPID to New Sports Fields) 350,000.00 Total $695,000.00 -157- File : \ Mproject \courrcilexhirbits\exh3337f.dwg FARMLAND CITY PROJECT No. 3337 VICINITY MAP NOT TO SCALE EXHIBIT WE SOUTH GOTH BALLFIELD RELOCATION -158- ■ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 15-09-2009 - - 12 CITY COUNCIL AGENDA MEMORANDUM September '15, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A &M UNIVERSITY- CORPUS CHRISTI FOR THE COMMUNITY VISIONING PROJECT CALLED BOLD FUTURE, TO AUTHORIZE TAMU- CC TO UTILIZE REMAINING FUNDS PREVIOUSLY PROVIDED BY THE CITY FOR PHASE 1 AND FOR PHASE 11 IN THE AMOUNT OF $56,767.98 FOR BOLD FUTURE PHASE 111. ISSUE: On April 8, 2008, Phase I funding ($49,410) was approved along with an Interlocal Cooperation Agreement with TAMU -CC. The Agreement expired on July 31, 2008. On September 30, 2008, Phase 11 funding ($132,330) was approved along with a new Interlocal Cooperation Agreement. The Agreement was extended until September 30, 2009. TAMU -CC expended only $124,972.02 to complete Phase 1 and 11, and now requests amendment to utilize remaining funds of $56,767.98to complete Phase 1 11. The Phase 111 objectives are as follows: 1) To design and publish Vision Marketing Piece; 2) To maintain BoldFuture website and social media presence; 3) To develop action plans for BoldFuture Vision ideas and strategies; 4) To manage six Vision Action Teams and their deliverables; 5) To publish BoldFuture Action Plan and 6) To plan and hold Town Hall meeting. REQUIRED COUNCIL ACTION: Approval of the Resolution FUNDING: No additional funding. CONCLUSION AND RECOMMENDATION: Approval of the Resolution 1I g R. Escobar, City Manager A2 eb.ed,,, RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A &M UNIVERSITY - CORPUS CHRISTI FOR THE COMMUNITY VISIONING PROJECT CALLED BOLD FUTURE, TO AUTHORIZE TAMU -CC TO UTILIZE REMAINING FUNDS PREVIOUSLY PROVIDED BY THE CITY FOR PHASE 1 AND FOR PHASE II IN THE AMOUNT OF $56,767.98 FOR BOLD FUTURE PHASE 111. WHEREAS, Texas A &M University — Corpus Christi and Del Mar College have offered to initiate a community visioning and planning effort; WHEREAS, Texas A &M University -- Corpus Christi and Del Mar College have developed a four step prospectus for a visioning and planning process that is both comprehensive and inclusive; WHEREAS, on January 20, 2008, the City Council adopted a resolution expressing its willingness for the City to be an active participant and partner of this initiative including providing the funding for the initial phase of the project and further directed the City Manager to negotiate an agreement with Texas A &M University and/or Del Mar College to initiate the project; WHEREAS, on April 8, 2008, an Interlocal Agreement for Phase 1 funding ($49,410) was approved by the City Council; WHEREAS, on September 30, 2008, an Interlocal Agreement for Phase H funding ($132,330) was approved by the City Council; WHEREAS, $56,767.98 in funds are remaining from the Phase 1 and Phase 11 funding and are available for use for Phase 111 funding; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The City Manager or his designee is authorized to execute an amendment to the interlocal Cooperation Agreement with Texas A &M University - Corpus Christi, to utilize remaining Phase 1 and Phase 11 funds of $56,767.98 for Phase 111 objectives. SECTION 2. The City Manager or his designee is authorized to make editorial and non - substantive modifications and execute amendments to the Interlocal cooperation agreement without further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule and modifications to scope of work or services. SECTION 3. This Resolution shall become effective immediately upon its passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved this September 9, 2009 ti.v�s��7 Lisa Aguil for the Cit ssistant City Attorney ttorney Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AMENDMENT NO. 2 TO THE INTERL D CAL COOPERATION AGREEMENT BETWEEN TEXAS A &M UNIVERSITY — CORPUS CHRISTI AND CITY OF CORPUS CHRISTI REGARDING THE COMMUNITY VISIONING PROJECT KNOWN AS "BOLD FUTURE" THIS Amendment No. 2 to the Interlocal Cooperation Agreement regarding Phase II of the Community Visioning Project known as "Bold Future ", ("Agreement"), is made and entered into this day of September 2009, by the City of Corpus Christi, a municipal corporation and political subdivision of the State of Texas, ( "City "), and Texas A &M University- Corpus Christi a member of The Texas A &M University System, an agency of the State of Texas, ("TAMU- CC");. WHEREAS, Texas A &M University -- Corpus Christi and Del Mar College have developed a four step prospectus for a visioning and planning process that is both comprehensive and inclusive; and WHEREAS, on January 20, 2008, the City Council adopted a resolution expressing its willingness for the City to be an active participant and partner of this initiative including providing the funding for the initial phase of the project and further directed the City Manager to negotiate an agreement with Texas A &M University and/or Del Mar College to initiate the project; WHEREAS, on April 8, 2008, an Interlocal Agreement for Phase I funding ($49,410) was approved by the City Council; WHEREAS, on September 30, 2008, an Interlocal Agreement ( "Agreement: ") for Phase II funding ($132,330) was approved by the City Council; WHEREAS, on August 28, 2009, the Interlocal Agreement was extended until September 30, 2009 in Amendment No. 1; WHEREAS, $56,767.98 in funds are remaining from the Phase I and Phase II funding and are available for use for Phase III funding; NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. Section 1, Purpose, is amended to include Phase III objectives, and read as follows: "1. PURPOSE "TAMU -CC will develop a "Community Visioning Project," (the Project) which is outlined in Attachment "A." The scope of services provided in Phase II and Phase III of the Project include the following: `Phase II • To develop a community vision • To print and disseminate a publication detailing the community vision • To fund the analysis of non - survey data • To obtain a community survey • To obtain the services of a community visioning consultant • To obtain the services of a project manager • To fund the meetings and communication necessary for Phase II of the "Community Visioning Project." "Phase III • To design and publish Vision Marketing Piece • To maintain BoldFuture website and social media presence • To develop action plans for BoldFuture Vision ideas and strategies • To manage six Vision Action Teams and their deliverables • To publish BoldFuture Action Plan • To plan and hold Town Hall meeting 2. Section 2 Compensation and method of payment, is revised to add additional paragraph 2 B and 2C, to authorize TAMU -CC to utilize remaining Phase II funding, and remaining Phase 1 funding for Phase III objectives: cc 2. COMPENSATION AND METHOD OF PAYMENT A. In consideration of the services provided, the City will pay TAMU -CC the sum of $132,330 for the services described in the Budget in "Attachment B." City agrees to make said payment in two installments. The first installment of $66,000 shall be made upon final execution of this Agreement and the second installment of $66,330 shall be made on or about January 31, 2009. TAMU -CC will be the fiscal agent for the Project. TAMU acknowledges previous receipt of these funds. B. TAMU -CC may utilize the remaining balances of the Phase I and Phase II funds reviousl rovided b the O. for Phase III deliverables described above. TAMU- CC has a remaining balance of $5,735.68 from Phase I funding by the City, and $51,032.30 from Phase II funding by the City. C. Attached as Exhibit A is Ex ense Re • ort for Au s ust 31 2009 from TAMU -CC. " 3. All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. This Amendment No. 2 takes effect upon date of last signature by authorized representative of the parties and continues until July 31, 2010. EXECUTED IN DUPLICATE ORIGINALS this day of , 2009, by the authorized representative of the parties. ATTEST: City of Corpus Christi, Texas Armando Chapa `Angel R. Escobar City Secretary City Manager Approved: September '1 , 2009 Lisa Agu E' , Assistant City Attorney For the City Attorney Texas A &M University- Corpus Christi By: Name ‘,a74.3 C A7rervi- Title: —Re Date: c!'`!-1 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 15, 2009 AGENDA ITEM: Governmental Accounting Standards Board (GASB 45) Report by G.P. Monnin Consulting Inc. STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Gary P. Monnin President G.P. Monnin Consulting, Inc. 2. 3. BACKGROUND: On July 28, 2009, the City Council directed staff to schedule a presentation from an outside expert on GASB 45 issues and options within 45 days. Staff and union representatives met on September 3 and identified Mr. Gary Monnin with G.P. Monnin Consulting, Inc. as a viable presenter who was amenable to making the presentation. Attached is his biographical information. PowerPoint Supplemental Information -169- 7 frYi Oscar R. Martinez 1 Assistant City Manager oscarm @cctexas.com 361.826.3897 Gary P. Monnin, FSA, MAAA Gary Monnin is President of G.P. Monnin Consulting, Inc. in Austin, Texas. He is a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. He began his actuarial career after graduation from Colgate University in 1971 and, subsequently, attained his Masters Degree in Actuarial Science from Northeastern University. For the first 16 years of his career, Gary Monnin worked for State Mutual Life Assurance Company, Great Southern Life Insurance Company, and American Founders Life Insurance Company. Following that, he has been in consulting. Gary Monnin has been involved in all aspects of life and health insurance work with particular emphasis on the financial side. He has priced life, health, and annuity products for a number of companies and self - funded plans. In the self - funded area, he has been involved in pricing benefits, performing financial and rate analyses and assisting in reinsurance negotiations. In addition, he has performed calculations reflecting the impact of GASB 43 and 45 on the funding of post retirement benefits. Other than consulting for companies and self - funded plans, Gary Monnin also performs regulatory consulting working with state insurance departments and state Guaranty Associations. He has also performed expert witness testimony in a number of life and health related situations. Gary Monnin's actuarial background is strong but he also has a very strong business sense. This business background combined with his technical experience has allowed him to perform profitability analyses on a number of companies and plans. Gary Monnin is a past President of the Actuaries' Club of the Southwest. G. P. 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