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Agenda Packet City Council - 11/17/2009
111111•1111111I MUM Iftw".10 moll• Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, November 17, 2009 at 9:45 a.m. in the Council Chambers, 1201 Leopard, Corpus Christi, Texas to discuss and consider the status of and options regarding the Fiscal Year 2010 and Fiscal Year 2011 Budgets. 11:45 A.M. - Proclamation declaring Tuesday, November 17, 2009 as "Coastal Bend Day of Giving" Proclamation declaring Saturday, November 21, 2009 as "Corpus Christi Black Chamber of Commerce 66th Anniversary" Proclamation declaring Sunday, November 22, 2009 as "Freddy Martinez Day" Proclamation declaring Tuesday, December 1, 2009 as "World AIDS Day 2009" Proclamation declaring the week of November 15 -21, 2009 as "National Hunger and Homelessness Awareness Week" Commendation Certificates: Corpus Christi Chess Team, State Titles Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 17, 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 Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Michael Doane, Christus Spohn Health System. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting November 17, 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 November 10, 2009. (Attachment # 1) F. EXECUTIVE SESSION: (NONE) 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. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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 fumished 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. Agenda Regular Council Meeting November 17, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: 2. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) a. Motion approving the lease /purchase of one (1) single drum vibratory roller from Anderson Machinery, of Austin, Texas in the amount of $111,605. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Street Department. Financing for the single drum vibratory roller will be provided through the City's lease- purchase financing program. (Attachment # 2) b. Motion approving the lease /purchase of equipment from the following companies for the following amounts for a total amount of $354,168.99. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Street Department. Financing for the equipment will be provided through the City's lease- purchase financing program. (Attachment # 2) Doggett Heavy Machinery Services, LTD Pharr. Texas Line Item: 2 $146,943.99 Holt Cat Irving, Texas Line Item: 3 $91,955 Waukesha - Pearce Industries, Inc. Houston, Texas Line Item: 4 $115,270 Subtotal: $354,168.99 Grand Total (A) & (B): $465,773.99 Agenda Regular Council Meeting November 17, 2009 Page 4 3. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or his designee to purchase twelve months software licensing and support (January 1, 2010 — December 31, 2010) for the Maximo application suite of software from International Business Machines (IBM) Corporation of Pittsburgh, Pennsylvania in an amount not to exceed $56,279.45 based on sole source. (Attachment # 3) b. Motion authorizing the City Manager or his designee to approve the purchase of continued annual licensing and support costs from International Business Machines (IBM) Corporation of Pittsburgh, Pennsylvania for the Maximo application suite of software subject to annual appropriation of funds based on sole source. (Attachment # 3) 4. Ordinance appropriating $12,242 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 4) 5. 6. a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Parks and Wildlife Outdoor Recreation Program in the amount of $500,000 in the No. 1067 Parks and Recreation Grants Fund for recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve, with a $500,000 local land match from the acquisition of 48.91 acres (Gaines Property). (Attachment # 5) b. Ordinance appropriating $500,000 grant from Texas Parks and Wildlife Outdoor Recreation Program in the No. 1067 Park and Recreation Grants Fund to fund recreational improvements as part of the Oso Bay Leaming Center and Wetland Preserve. (Attachment # 5) a. Resolution authorizing the City Manager, or designee, to accept a grant from Texas Parks and Wildlife Recreational Trails Program in the amount of $200,000 in the No. 1067 Parks and Recreation Grants Fund for construction of the Agenda Regular Council Meeting November 17, 2009 Page 5 7. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve, with a $ 57,935 match from the Fund No. 3291 Parks & Recreation 2009 General Obligation (GO) Capital Improvement Program (CIP) Fund. (BOND ISSUE 2008) (Attachment # 6) b. Ordinance appropriating a $200,000 grant from Texas Parks and Wildlife Recreational Trails Program in the No. 1067 Park and Recreation Grants Fund to fund construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve. (Attachment # 6) a. Resolution authorizing the City Manager or his designee to execute an Interagency Cooperation contract with the Texas Historical Commission for the period January 1 through December 31, 2010 wherein the Commission provides $30,000 to fund the hiring of a person to conduct a complete reinventory of the La Belle Artifact Collections held at the Corpus Christi Museum of Science and History. (Attachment # 7) b. Ordinance appropriating $30,000 from the Texas Historical Commission in the No. 1069 Museum Grants Fund to fund the hiring of a person to conduct a complete reinventory of the La Belle Artifact Collections held at the Corpus Christi Museum of Science and History. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $370,410 for the Americans with Disabilities Act (ADA) Master Plan. (BOND ISSUE 2008) (CDBG) (Attachment # 8) 9. a. Ordinance appropriating $528,500 from Americans with Disabilities Act (ADA) Lawsuit settlement proceeds into the No. 3530 Street Capital Improvements Program (CIP) Fund for the ADA Improvements Group 1 Project No. E09050 and for other ADA Improvement Projects. (Attachment # 9) b. Motion authorizing the City Manager, or his designee, to . execute a Contract For Professional Services with Goldston Engineering, a CH2M Hill Company of Corpus Christi, Texas Agenda Regular Council Meeting November 17, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) in the amount of $326,715, for design, bid, and construction phase services for Americans with Disabilities Act (ADA) Improvements Group 1. (BOND ISSUE 2008) (Attachment # 9) c. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $353,608, for design, bid, and construction phase services for Americans with Disabilities Act (ADA) Improvements Group 2. (BOND ISSUE 2008) (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction of Corpus Christi, Texas, in the amount of $895,317 for the Kennedy Causeway Lift Station Replacement project for the total base bid. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas, in the amount of $226,125 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008) (Attachment # 11) 12. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company of Corpus Christi, Texas in the amount of $92,900, for a total re- stated fee of $1,507,750 for Kostoryz Road. (BOND ISSUE 2008) (Attachment # 12) • Kostoryz Road, Phase 1 from Horne to Sunnybrook • Kostoryz Road, Phase 2 from Sunnybrook to SPID 13. a. Resolution authorizing the City Manager or his designee to accept grants from: the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000, the Coastal Bend Bays & Estuaries Program in the amount of $50,000, and the Saltwater- Fisheries Enhancement Association in the amount of $67,000 for reconstruction of a boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the Agenda Regular Council Meeting November 17, 2009 Page 7 14. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) No. 3289 Parks and Recreation CIP Fund for a total project cost of $667,000. (Attachment # 13) b. Ordinance appropriating a $500,000 grant from Texas Parks and Wildlife Department's Safe Boating Access Program, a $50,000 grant from the Coastal Bend Bays and Estuaries Program; a $67,000 grant from the Saltwater Fisheries Enhancement Association in the No. 1067 Park and Recreation Grants Fund for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund. (Attachment # 13) c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with URS Corporation of Corpus Christi, Texas in the amount of $151,365, for a total restated fee of $181,286, for Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. (Attachment # 13) a. Motion authorizing the City Manager to execute a Deferment Agreement with RRAH Corpus Christi, L.P., (Developer), in the amount $146,980.82 for public improvements including construction of water and wastewater improvements for J. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of financial document compliant with City requirements. (Attachment # 14) b. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by RRAH Corpus Christi, L.P., developer of J. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, for the extension of an 8 -inch water distribution main, including all related appurtenances. (Attachment # 14) Agenda Regular Council Meeting November 17, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Ordinance appropriating $9,099.15 from the No. 4030 Distribution Main Trust Fund to reimburse RRAH Corpus Christi, L.P., for the extension of an 8 -inch water distribution main, including all related appurtenances for development of J. C. Russell Farm Blocks, Block 9, Lot 13A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. (Attachment # 14) 15. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Del Mar College relating to the participation of the City and Del Mar College in Reinvestment Zone No. Three, City of Corpus Christi, Texas. (Attachment # 15) J. PUBLIC HEARINGS: ZONING CASES: 16. Case No. 1009 -09, Owens Brothers: A change of zoning from "B -1" Neighborhood Business District to "AB" Professional Office District, and "R -1 B" One - family Dwelling District to "B -4" General Business District resulting in a change of land use from vacant land use to general business use on property described as: (Attachment # 16) 1) Farmers Row, Block 1, Lot 3C 2) Farmers Row, Block 1, Lot 3E 3) Farmers Row, Block 1, Lot 3D 4) Farmers Row, Block 1, Lot 3A 5) Farmers Row, Block 1, Lot 4 6) A 4.7 acre tract of land out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff and Encinal Farm Garden Tracts. Generally located on the southeast side of South Staples Street, approximately 808 feet southwest of Lipes Street. Planning Commission's Recommendation: Approval of the "B-4" General Business District. Staffs Recommendation: Denial of the "B-4" District. Agenda Regular Council Meeting November 17, 2009 Page 9 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Ordinance amending the Zoning Ordinance, upon application by the Owens Brothers, by changing the Zoning Map in reference to (1) Farmers Row, Block 1, Lot 3C, (2) Farmers Row, Block 1, Lot 3E, (3) Farmers Row, Block 1, Lot 3D, (4) Farmers Row, Block 1, Lot 3A, (5) Farmers Row, Block 1, Lot 4, and (5) Farmers Row, Block 1, Lot 4, and (6) 4.7 acre tract of land out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff& Encinal Farm Garden Tracts, from "B -1" Neighborhood Business District, "AB" Professional Office District and "R -1 B" One- family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. PLATTING ORDINANCE EXEMPTION: 17. Public hearing to consider an Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 2A subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. (Attachment # 17) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. Motion to proceed with options regarding the redevelopment of the Memorial Coliseum site. (To be considered at approximately 1:00 p.m.) (Attachment # 18) 19. First Reading Ordinance — Changing the date of the City of Corpus Christi City Council Elections for 2011 and subsequent years from the first Saturday in April to the May Uniform Election Date, which is the second Saturday in May, and adjusting the City Council terms of office to conform to the new election date. (Attachment # 19) 20. Resolution adopting the City of Corpus Christi Economic Development Incentive Policies 2009 -2011. (Attachment # 20) Agenda Regular Council Meeting November 17, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Resolution authorizing the City Manager or his designee to accept an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Homeless Housing and Services Program; appointing Mother Teresa Shelter, Inc., as the sole direct designee to provide services, in lieu of the City, for the expansion of daytime shelter services to benefit the homeless; and authorizing the City Manager or his designee to execute all related documents necessary to implement the program. (Attachment # 21) (RECESS REGULAR COUNCIL MEETING) L. REGULAR MEETING OF CITY CORPORATION: 22. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ( CCCIC): (Attachment # 22) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING DATE: Tuesday, November 17, 2009 TIME: During the meeting of the City Council beginning at 12:00 p. m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President Nelda Martinez calls the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treas. Agenda Regular Council Meeting November 17, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Approval of the minutes of May 26, 2009. 4. Approval of the financial report. 5. Motion authorizing the General Manager or his designee to execute FY2009 Subrecipient funding agreements from the HOME Investment Partnerships (HOME) Program and all related and necessary documents. FY2009 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS A. Cliff Maus Village (CMV) Trust - $110,000 B. Nueces County Mental Health Mental Retardation Center (NCMHMR) - $31,300 C. TX LULAC West Park Housing, L.P. - $300,000 D. Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund (CHDO) - $130,000 E. TG 110, Inc. /Samuels Place Apartments (CHDO) - $200,000 6. Motion to appoint Loan Review Committee members. 7. Public Comment 8. Adjournment (RECONVENE REGULAR COUNCIL MEETING) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 23. Overview of FY 2010 Capital Budget and Capital Improvement Planning Guide (Attachment # 23) N. 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 Agenda Regular Council Meeting November 17, 2009 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,5% 0 0 p.m., on November 12, 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. City Council Goals 2009 -2011 4 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 r MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 10, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Steve Fieldcamp of First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Brent Chesney. 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 October 27, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame announced the executive session, which was listed on the agenda as fol lows: 2. Executive session under Texas Government Code Section 551.071 for consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008 - 1473 -UCR, SOAH Docket No. 582 -09 -1170; with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * ** Mayor Adame referred to Item No. 3 and the following board appointments were made: Minutes - Regular Council Meeting November 10, 2009 - Page 2 Citizens Advisory Health Board Amanda Stukenberg, Reappointed Park & Recreation Advisory Committee Art Norman, New Appointment Weed and Seed Advisory Committee Wayne C. Meyr, Reappointed Lori Gianotti, Reappointed Ruben Gonzales, Reappointed Reinvestment Zone No. Two Mayor Joe Adame Council Member Chris Adler Council Member Brent Chesney Council Member Larry Elizondo Council Member Kevin Kieschnick Council Member Priscilla Leal Council Member John Marez Council Member Nelda Martinez Council Member Mark Scott * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 4 - 19). There were no comments from the public. Council Member Leal requested that Items 4, 5, 6, 7, 12, 13, 14, 15 and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO.028388 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $1,750,442.43 and to execute the 2009 Sub - Recipient Agreement and all related documents with the Texas Department of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, to purchase specialized equipment and for training. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.b. ORDINANCE NO. 028389 Ordinance appropriating $1,750,442.43 from the Texas Department of Public Safety, Division of Emergency Management FY 2009 Homeland Security Grant Program, into the No. 1062 Fire Grants Fund to purchase of specialized equipment and for training. 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 ". 9.a. RESOLUTION NO. 028390 Resolution authorizing the City Manager or his designee to accept a $83,344 grant addendum awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. Minutes - Regular Council Meeting November 10, 2009 - Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.b. ORDINANCE NO. 028391 Ordinance appropriating a $83,344 grant addendum from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition 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 ". 9.c. RESOLUTION NO. 028392 Resolution authorizing the City Manager or his designee to accept a $7,673 grant addendum awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.d. ORDINANCE NO. 028393 Ordinance appropriating a $7,673 grant addendum from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels 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 ". 10.a. RESOLUTION NO. 028394 Resolution authorizing the City Manager or his designee to accept a $445 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2009 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes - Regular Council Meeting November 10, 2009 - Page 4 10.b. ORDINANCE NO. 028395 Ordinance appropriating a $445 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services, Elderly Nutrition 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 ". 10.c. RESOLUTION NO. 028396 Resolution authorizing the City Manager or his designee to accept a $500 grant awarded by the United Way Emergency Food and Shelter National Board Program for the FY 2009 Senior Community Services 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.d. ORDINANCE NO. 028397 Ordinance appropriating a $500 grant from the United Way Emergency Food and Shelter National Board Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services 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 ". 11.a. RESOLUTION NO. 028398 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $58,492 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. 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. 028399 Ordinance appropriating a grant in the amount of $58,492 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used Minutes - Regular Council Meeting November 10, 2009 - Page 5 as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. 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 ". 16.a. ORDINANCE NO. 028404 Ordinance appropriating an amount of $189,325 from the Unappropriated Fund Balance in Water Fund No. 4010 and amount of $189,325 from the Unappropriated Fund Balance in Wastewater Fund No. 4200 to procure a prefabricated modular building to replace the City Hall Annex Building; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $378,650. 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 ". 16.b. MOTION NO. M2009 -311 Motion declaring an emergency and authorizing the City Manager or his designee to execute a procurement contract with Mobile Mini, Inc. of Corpus Christi, Texas in the amount of $265,894 to replace the City Hall Annex Building to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of damage to public property. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye„ 17. MOTION NO. M2009 -312 Motion authorizing the City Manager, or his designee, to execute a letter of agreement with Nueces Electric Cooperative in Robstown, Texas, in the amount of $54,714.06 for the FM 624 Continuous Lighting Plan, from Highway 77 to approximately 1,500 feet west of County Road 73. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes - Regular Council Meeting November 10, 2009 - Page 6 19. ORDINANCE NO. 028406 Second Reading Ordinance - Naming the Promenade, sidewalks, and adjacent areas along Corpus Christi Beach, as the Corpus Christi Beachwalk. (First Reading — 10/27/09) An emergency was declared and the foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item No. 4. In response to a question by Council Member Leal, Cindy O'Brien, Interim Assistant City Manager explained that $40,446 is budgeted in the current fiscal year, and the balance will be budgeted in next fiscal year. Mr. Escobar further explained that contracts that span over 12 months, overlapping in fiscal years, only the amount needed is budgeted in the current fiscal year, the difference is budgeted in the next fiscal year budget. City Secretary Chapa polled the council for their votes: 4. MOTION NO. M2009 -307 Motion approving a service agreement with Mueller Service Co., of Plant City, Florida, for a water valve inspection, operating and repair program in accordance with Bid Invitation No. BI- 00141 -09 based on best value for an estimated annual expenditure of $53,928 of which $40,446 is budgeted in FY 2009 -2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Water Department in FY 2009 -2010. 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 No. 5. In response to a question by Council Member Leal, Mr. Paul Pierce, Procurement Manager stated that the containers are for residents in new start-up homes requesting additional containers and replacement units. City Secretary Chapa polled the council for their votes: 5. MOTION NO. M2009 -208 Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina for the total amount of $232,071.60. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for Minutes - Regular Council Meeting November 10, 2009 - Page 7 the lease purchase of the curbside collectior containers will be provided through the City's lease /purchase financing program. 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 No. 6. In response to a question by Council Member Leal, Mr. Pierce responded that the mowers are coming from North Carolina, but that they will be utilizing Robstown Hardware Company, of Robstown, Texas for the delivery, servicing, and the warranty provider for this equipment. City Secretary Chapa polled the council for their votes: 6. MOTION NO. M2009 -309 Motion approving the lease /purchase of fifteen (15) riding mowers and purchase of two (2) riding mowers from John Deere Company, of Cary, North Carolina for the total amount of $202,779.57. The award is in accordance with the State's Cooperative Purchasing Program. The equipment will be used by the Parks and Recreation and Wastewater Departments. All seventeen units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Funding for the lease /purchase of the equipment will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item No. 7. In response to a question by Council Member Leal, Mr. Pierce stated that this is for purchase for vehicles for the police department to assist with public safety. City Secretary Chapa polled the council for their votes: 7.a. ORDINANCE NO. 028387 Ordinance appropriating and approving the transfer of funds in the amount of $150,180 from the Unreserved Fund Balance in the No. 1020 General Fund for "one time" expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing appropriations by $150,180 in the No. 1020 General Fund, and by increasing both estimated revenues and appropriations in the No. 5110 Maintenance Services Fund by $150,180 each. Minutes - Regular Council Meeting November 10, 2009 - Page 8 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 ". 7.b. MOTION NO. M2009 -310 Motion approving the purchase of ten (10) 2010 Ford Fusion 4 Door Sedans from Philpott Motors Ltd., Nederland, Texas in the amount of $150,180. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FY 2009 -2010 Capital Outlay Budget in the Fleet Maintenance Fund. 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 Items 12, 13, 14 and 15 as requested by Council Member Leal. Ms. Leal spoke about under budgeting by the department. Mr. Rene Mendiola, Director of Municipal Court explained that the court has four reserve funds for monies collected by the court to be used certain items as described in each of the line items. These reserved accounts include monies collected from people who receive convictions. City Secretary Chapa polled the council for their votes: 12. ORDINANCE NO. 028400 Ordinance appropriating $117,064.46 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk -thru detector services and hand -held radios for the City Marshals; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $117,064.46. 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. ORDINANCE NO. 028401 Ordinance appropriating $153,762.15 from the Municipal Court Technology Fund for Municipal Court technological improvements including Server Work, Copier and PC leases, Court Software Data Base Analyst services and toners for Prosecutor's Office; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $153,762.15. 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 ". —8— Minutes - Regular Council Meeting November 10, 2009 - Page 9 14. ORDINANCE NO. 028402 Ordinance appropriating $26,712.94 from the Municipal Court Judicial Improvement Fund for judicial improvements; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $26,712.94. 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 ". 15. ORDINANCE NO. 028403 Ordinance appropriating $179,504.60 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) case managers hired to address all court ordered case management, previously working for the Juvenile Assessment Center and one (1) case manager to address Juvenile Now Adult (JNA) cases at the Municipal Court; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $179,504.60. 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 opened discussion on Item No. 18. In response to a question by Council Member Leal, Ms. Irma Caballero, Director of Economic Development stated that the city receives an allocation of $12 million for tax credits and tax deductions for businesses located in one of ten census tracts throughout the city. She added that this is a designation made by the federal government to assist blighted areas by offering incentives to businesses to locate and create jobs in those areas. City Secretary Chapa polled the council for their votes as follows: 18. RESOLUTION NO. 028405 Resolution urging adoption of Federal Legislation to extend the period of designation of Tax - Preferred Empowerment Zones, Rural Enterprise Communities, and Renewal Communities. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * ** Mayor Adame announced that Item No. 20, Zoning Case No. 0909 -01 was withdrawn by applicant, Star Concrete. * * * * * * * * * * * ** Minutes - Regular Council Meeting November 10, 2009 - Page 10 Mayor Adame stated that Item No. 21 on the regular agenda was being postponed by staff. Mayor Adame then referred to Item No. 22, regarding the New Broadway Wastewater Treatment Plant. Mr. Dan Leyendecker, LNV Engineering provided a brief overview of the project including the project schedule, bid proposals, identified the project area and the green initiatives. He explained that the engineer's estimate for the project was $79.1 million, and that the low bid was 36% lower than the engineer's estimate. Mr. Leyendecker stated that they will rely on local contractors, labor and supplies for the project and that they will have 30 plus local direct hires; heavy equipment will be purchased or leased locally; and 48% of the construction management services will be performed by local engineers and inspectors. Mr. Leyendecker provided a second presentation on Graham Construction Services which included the project goals, explained the experience of the Graham Team, and projects completed or under construction by Graham Construction. Mr. Kevin Riley, Graham Construction Services stated that they are excited about building a new partnership with the city of Corpus Christi and discussed the services they provide. Mr. Pete Anaya, Director of Engineering stated that in the next 6 months to a year, they will be bringing two additional projects related to this project. Council Member Marez asked what the city was doing to keep the community in the area informed, and Mr. Escobar responded that they plan to have updates with the community and a groundbreaking ceremony to kick -off the project, as well as reports to the council. Mr. Marez also asked if Rock Engineering is an accredited company, and Mr. Anaya responded that they did have accreditation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.a. MOTION NO. M2009 -313 Motion authorizing the City Manager or his designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $50,456,230 for the New Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 22.b. MOTION NO. M2009 -314 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the professional engineering services contract with Carollo Engineers, P.C., of Dallas, Texas in an amount not to exceed $855,669 for additional construction, Minutes - Regular Council Meeting November 10, 2009 - Page 11 phase, construction observation, and project management services for a restated fee not to exceed $8,221,462 for the New Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 22.c. MOTION NO. M2009 -315 Motion authorizing the City Manager or his designee to execute an engineering materials inspection, testing and laboratory services contract with Rock Engineering and Testing Lab, Inc., of Corpus Christi, Texas in an amount not to exceed $299,997 for the New Broadway Wastewater Treatment Plant. 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 referred to Item No. 23, regarding the Wind Energy Ordinance. Johnny Perales, Assistant City Manager stated that is for the approval of the second reading. He added that the amendments being proposed are to allow for wider use of onsite wind energy technology and minor changes to the language. Council Member Kieschnick asked if the special use acreage requirement is a separate permit, or an exception, and Ms. Lisa Wargo, Senior Planner explained that the permit is provided by the Board of Adjustment and the process takes about 30 days. Mr. Perales stated that this an administrative process to allow public input from the neighboring property. Ms. Wargo added that the special use exception requirement is not required for building structurally mounted units. Mayor Adame called for public comment. Ms. Carolyn Moon, 4902 Calvin spoke in support of wind energy ordinance. City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. M2009 -316 Motion to amend prior to second reading Sections 27D -4.3 of the Wind Energy Ordinance, by revising paragraph (C). The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 23.b. MOTION NO. M2009 -317 Motion to amend prior to second reading Sections 27D -7 of the Wind Energy Ordinance, by revising Subsection 27D -7.1. —11— Minutes - Regular Council Meeting November 10, 2009 - Page 12 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 23.c. ORDINANCE NO. 028407 Amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3 -1, by re- designating Subsection 3- 1.64.1 as Subsection 3- 1.64.2, by re- designating and revising Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising Subsections 3- 1.65.2 and 3- 1.65.5, by adding a new Article 27D, and revising Section 29 -3.13, relating to the use, regulations, and review standards for the installation and siting of Wind Energy Conversion Units within the City Limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. (First Reading — 10/27/09) An emergency was declared and the foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item No. 24, regarding the reconstruction and widening of Zahn Road. Mr. Johnny Perales, Assistant City Manager stated that is a three -part item associated with the participation agreement and the construction of Zahn Road and related utilities. He explained that Item 24c is for the wastewater system extension which will serve the future development of the GLO lease property and is being funded from the developer trust fund. Council members discussed the following: funding sources; improvement of the road; status of the island action group; status of county beach committee; and issuance of city beach permits and county dune permits. In response to a question by Council Member Scott, Mr. Perales explained that widening and improvement of the road extends to the entrance of the new subdivision and the internal roadway which will serve the future development of the GLO property. Mr. Perales stated that there will be three lanes connecting with SH 361 to allow ingress and egress during the peak traffic times. He added that the developer will also be doing landscaping improvements in association with the project. Mayor Adame called for public comment. Nita Smith, 13518 King Phillip Court, referred to a document about taxpayers paying for increased services in the TIF zone such as water, sewer line, streets and other infrastructure. Mr. Jay Reining, First Assistant City Attorney responded that the developer pays a certain costs for the water and wastewater lines and the remainder is reimbursed out of the trust funds. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 10, 2009 - Page 13 24.a. MOTION NO. M2009 -318 Motion authorizing the City Manager or his designee to execute a Construction Agreement with The Preserve at Mustang Island, LLC through its managing member, Forestar (USA) Real Estate Group , Inc. in the amount of $1,503,690.93 for the reconstruction and widening of Zahn Road, and associated water, wastewater, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott "Abstain ". (Note: Council Member Scott originally voted "Aye" on this item. Later in the meeting, Mr. Scott asked council's authority to change his vote. Motion was made by Mayor Adame, seconded by Council Member Martinez and passed to concur with the request) 24.b. ORDINANCE NO. 028408 Ordinance appropriating $1,101,999.38 from the Developer Participation Project in the No. 3546 Street 2009 CIP Fund to reimburse The Preserve at Mustang Island, LLC for the City's share of the reconstruction and widening of Zahn Road, and associated water, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line, as specified in the Zahn Road Construction Agreement. 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 "Abstain". (Note: Council Member Scott originally voted "Aye" on this item. Later in the meeting, Mr. Scott asked council's authority to change his vote. Motion was made by Mayor Adame, seconded by Council Member Martinez and passed to concur with the request) 24.c. ORDINANCE NO. 028409 Ordinance appropriating $401,691.55 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse The Preserve at Mustang Island, LLC for the installation of 529 linear feet of 8 -inch PVC sanitary sewer collection line and 1,537 linear feet of 10 -inch PVC sanitary sewer collection line required for future development of General Land Office property under lease by the City, as specified in the Zahn Road Construction Agreement. 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 "Abstain ". (Note: Council Member Scott originally voted "Aye" on this item. Later in the meeting, Mr. Scott asked council's authority to change his vote. Motion was made by Mayor Adame, seconded by Council Member Martinez and passed to concur with the request) —13— Minutes - Regular Council Meeting November 10, 2009 - Page 14 Mayor Adame referred to the presentations on the day's agenda. The first presentation was Item No. 25, Proposed Packery Channel Tax Increment Financing Project Improvements. Pete Anaya, Director of Engineering stated that this presentation is regarding the packery channel improvements and the six pack improvements. He stated that the completed and ongoing projects are the boat ramps, parking and access road to boat ramps, dredging at boat ramps, parking lot behind the seawall, and the restrooms at the parking lot behind the seawall. Mr. Anaya stated that the six -pack improvements total $7,868,000; and that the city is moving forward with Phase A, the Packery Channel Parking and Overlooks, and Phase B, the Navigational Aides Day Markers. He discussed and displayed a layout depicting the different phases of these improvements and costs for each phase. At the end of the presentation, Mr. Anaya stated that they have started the public involvement process. Council members discussed the following: outdoor showers in the restroom areas; placement of electrical outlets; relocation of the restroom facilities; installation of shades /benches in the pavilion area; public outreach; status of island action group; timeframe for completion; and a comprehensive plan for these improvements. The next presentation was Item No. 26, Health and Risk Management Claims Report — 4th Quarter FY 2009. Ms. Cynthia Garcia, Director of Human Resources provided an overview and explained that the fund is composed of the following three components: health benefits, worker's compensation, and general liability. She explained the plan enrollment, medical and pharmacy expenses paid for all plans for retirees and active employees including fire and public safety; cost per employee performance; health plan expenses vs. revenues; worker's compensation costs; worker's compensation paid on prior year claims; general liability costs by department; general liabilities paid on prior year claims; and city vehicle accidents status. Council members discussed the following: percentage costs for citicare, fire and public safety for medical expenses; benefit of re- bidding contract; cobra contribution; participation by convention and visitors bureau employees on city health insurance; and health discounts. Mr. Oscar Martinez, Assistant City Manager provided an update on General Accounting Standards Board (GASB). Mr. Martinez stated that they are continuing their discussions with police officers and the fire union. He added that they are researching and evaluating the OPEB trust fund as an option and have interviewed 8 cities; research funding through the issuance of bonds; unblending of citicare rates; use of surplus city contribution in fund balance; potential impact of liability on operating funds; continue negotiations of plan design changes with police and fire; staff continues to meet with RFP and GASB45 subcommittees; and contracted with Mercer to complete the 2009 valuation. Mr. Martinez further explained that there was a restatement of the condition of the TMRS fund and the required contributions of participating municipalities which resulted in increasing the city's TMRS contributions effective January 2009, from 14.8% to 22.40 %. Minutes - Regular Council Meeting November 10, 2009 - Page 15 Mr. Martinez stated that the city has elected the option to phase -in the increase over an 8 year period until it reaches the 22.40 %. In response to a question by Council Member Adler, Mr. Martinez responded that it is 22.40% of the total salaries for city employees and police. Mr. Martinez stated that all cities participating in TMRS received notice of the increase percentage and given the option, and several cities opted to phase -in. A motion was made by Mayor Adame and seconded by Council Member Martinez and passed to accept Council Member Scott's request to rescind his vote on Item No. 24 from "Aye" to "Abstain ". * * * * * * * * ** The last presentation was Item No. 27, Change in Fiscal Year Update. Ms. Cindy O'Brien, Interim Assistant City Manager provided an overview including a history of the current fiscal year; recap of the top twenty texas cities; reason for change to September 30th; timeline and important dates; explained the variables; modifications to computer systems; financial impact of change to the general fund and debt service fund Ms. O'Brien explained the process to change the fiscal year and stated that next fiscal year the city would present a 14 -month budget, then the following next fiscal year present a 12 -month budget. She explained the financial impact for the first two months of the fiscal year could present a deficit shortfall of approximately $4,375,040 for that two month period. She stated that 74% of the expenditures are salaries and benefits; 15% allocations; 4% debt service transfer, and 6% operating costs. She discussed options to recover the deficit shortfall. Ms. O'Brien suggested that instead of presenting a 14 -month budget, an option would be to submit two 13 -month budgets. Council members discussed the following: recovering the deficit shortfall; increase revenue or decrease expenditures by this amount; how do you change the calendar year; zero based budgeting; balancing the budget; schedule for changing fiscal year; revenue from the ad valorem tax rate; interdepartmental allocations; and balancing the budget. Mr. Chesney stated that it may be necessary to hold a workshop session to discuss this issue. Mayor Adame scheduled a workshop meeting for next Tuesday, November 17, 2009 at 9:45 am or 10:00 am. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke in support of ending negotiations with Brass Real Estate, and in support of the Swim Group; Dan Vera, spoke about several items; Lionel Lopez, 4325 Philippine, spoke about Las Colonias Model Subdivision Rules; Nita Smith, _15_ Minutes - Regular Council Meeting November 10, 2009 - Page 16 13518 King Philip Court, spoke about the timeline for the phases for the Packery Channel projects and the Master Plan dated 2004; Johnny French, 4417 Carlton, spoke about the packery channel amenities; Alicia Benavidez, 7252 Mansions, spoke in support of Brass Real Estate; Weldon Miller, 10606 Westwood, spoke in support of Brass Real Estate and against a park in that area; Diane Metz, 602 Sorrell, spoke in support of Brass Real Estate and referred to a petition signed by 170 people; Carrie Robertson, 4401 Gulfbreeze, spoke about development in the bayfront area and against giving away public land to private enterprize; Joe O'Brien, 4130 Pompano, spoke about development in bayfront area, supports changing the fiscal year and changing public comment to the Noon hour; Mary Ann Kelly, 4302 Schanen, spoke against the Brass Real Estate proposal; Richard Moya, 1314 Tyler Avenue, spoke in support of the IceRays; Weslee Baker, 13909 Isla Colon, spoke about the memorial coliseum and in support of growth and development; Norman Navarro, spoke about the lack of growth. Mayor Adame recessed the meeting. Mayor Adame reconvened the meeting. JoAnn Gilbertson, 4601 Gulfbreeze, Boulevard, spoke in support of the beachwalk project; Roland Garza, spoke in support of the Brass Real Estate proposal; Amy Nolan, spoke in support of the Brass Real Estate proposal and development in that area; Abel Alonzo, spoke in support of the Brass Real Estate proposal; John Kelley, 413 Waco, spoke about previous projects in the bayfront area. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:15 p.m. on November 10, 2009. 2 Requested Council Action 11/17/09 Alternate Date 12/08/09 COUNCIL MEMORANDUM RECOMMENDATION: A) Motion approving the lease/purchases of one (1) single drum vibratory roller from Anderson Machinery, Austin, Texas in the amount of $111,605. The award is based on the Cooperative Purchasing Agreement with Houston Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Street Department. Financing for the single drum vibratory roller will be provided through the City's lease- purchase financing program. B) Motion approving the lease/purchase of equipment from the following companies for the following amounts for a total amount of $354,168.99. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Street Department. Financing for the equipment will be provided through the City's lease- purchase financing program. Doggett Heavy Machinery Services, LTD Pharr. Texas Line Item: 2 $146,943.99 Holt Cat Irving, Texas Line Item: 3 $91,955.00 Waukesha- Pearce Industries, Inc. Houston, Texas Line Item: 4 $115,270.00 Subtotal: $354,168.99 Grand Total (A) & (B): $465,773.99 ****************************************************** ** * * * * ** * * * ** * * * * * * * * * * * * ** * * ** Purpose: Basis of Award: This equipment will be used by the Street Department in the construction and maintenance of paved roads. The articulating wheel loader will be used for loading/excavating of soil, sand and various other types of materials. All units are replacements to the fleet. The single drum vibratory roller will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Anderson Machinery, Corpus Christi, Texas will be the local delivering and service dealer for the single drum vibratory roller. The articulating wheel loader, pneumatic roller, and steel wheel roller will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. The Corpus Christi branch of the following companies will deliver and service the following items: Doggett Heavy Machinery Services, LTD. - articulating wheel loader; Holt -Cat - pneumatic roller; Waukesha Pearce Industries, Inc. - steel wheel roller. Price Comparison: Funding: Requested Council Action 11/17/09 Alternate Date 12/08/09 The City purchased a similar single drum vibratory roller for the Street Department in FY 07 -08 with a unit price of $110,469.42. The current unit price is $111,605. The City purchased a similar 4 -wheel drive articulating wheel loader for the Water Department in FY 08 -09 with a unit price of $119,946. The current unit price is $146,943.99. The City purchased a similar pneumatic roller for the Street Department in FY 08 -09 with a unit price of $89,068. The current unit price is $91,955. The City purchased a similar steel wheel roller for the Street Department in FY 07 -08 with a unit price of $55,391.75. The current unit price is $57,635. Lease Purchase — Single drum vibratory roller The single drum vibratory roller will be funded for a sixty -month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $24,363.48. Total estimated cost over the five -year period, including principal of $111,605 and interest of $10,212.40 is $121,817.40. Single drum vibratory roller Street Department 1020- 12410 - 530190 FY 2009 -2010 (5 months) Capital Outlay Item No. A -9a $10,151.45 Lease Purchase - 4 -wheel drive articulating wheel loader The 4 -wheel drive articulating wheel loader will be funded for a sixty - month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $32,078.04. Total estimated cost over the five -year period, including principal of $146,943.99 and interest of $13,446.21 is $160,390.20 4 -wheel drive articulating wheel loader Street Department 1020- 12430 - 530190 FY 2009 -2010 (6 months) $16,039.02 Capital Outlay Item No. A -11 Requested Council Action 11/17/09 Alternate Date 12/08/09 Lease Purchase — Pneumatic roller The pneumatic roller will be funded for a sixty -month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $20,073.84. Total estimated cost over the five -year period, including principal of $91,955 and interest of $8,414.20, is $100,369.20. Pneumatic roller Street Department 1020- 12410 - 530190 FY 2009 -2010 (5 months) Capital Outlay Item No. A -9 $8,364.10 Lease Purchase — Steel wheel roller The steel wheel roller will be funded for a sixty -month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $25,163.52. Total estimated cost over the five -year period, including principal of $115,270 and interest of $10,547.60, is $125,817.60. Steel wheel roller Street Department 1020 - 12430 - 530190 FY 2009 -2010 (6 months) Capital Outlay Item No. A -12a $12,581.76 The amounts shown above are required and budgeted for lease payments for the remainder of FY 2009 -2010. Funds will be requested by the using department for FY 2010 -2011 and all subsequent budget years during the normal budget process. M' j 'el Barrera A istant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com :(8)'8 (V) letol puei 66'£LL S9Pg le ;ol pJeMv 00'509`61, 3 66'£176'9i'3 OO OLZ`9I. I $ -22- O co C) 0CC:.{ zmnr, DWZX mm °c <w <rO= W z � mD 73 ° �O N 0 0 to 2. 4 -Wheel Drive 1 Each Articulating Wheel EA 0 CT O O EA 0) 0 U1 O O EA 0) co lo io co EA j 0) A co io co Doggett Heavy Machinery Pharr, Texas EA CO CSI 0 0 EA co C11 C71 O O Cif 0) G.1 (.i1 O O .69 ..i at N v 0 O O -22- O co C) 0CC:.{ zmnr, DWZX mm °c <w <rO= W z � mD 73 ° �O N 0 0 to CITY COUNCIL AGENDA MEMORANDUM November 17, 2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to purchase twelve months software licensing and support, January 1, 2010 through December 31, 2010, for the Maximo application suite of software from International Business Machines Corporation of Pittsburgh, Pennsylvania in an amount not to exceed $56,279.45 based on sole source. B. Motion authorizing the City Manager or his designee to approve purchase of continued annual licensing and support costs from International Business Machines Corporation of Pittsburgh, Pennsylvania for the Maximo application suite of software subject to annual appropriation of funds based on sole source. ISSUE: Software must be licensed and supported from the vendor to allow for continued operation. Background: The Maximo application suite of software is used by 375 staff in numerous city departments for daily work. These departments include Water, Gas, Wastewater, Solid Waste, Aviation, Park and Recreation to name a few. Support from the vendor is crucial for upgrades and improvements and to ensure that it stays compatible with other systems. International Business Machines Corporation is the sole provider of Maximo application software support. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $50,000. PREVIOUS COUNCIL ACTION: On October 30, 2001, City Council authorized the purchase of the Maximo suite of software from EMA. FUNDING: The total cost of $56,279.45 will be funded from the MIS Department Fiscal Year 2009- 2010 budget. Continued annual maintenance will be requested during the budget process. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: Quotation Number 15114578 Michael Armstron Director of MIS 826 -3735 MichaelAr @cctexas.com International Business Machines Corporation International Business Machines Corporation, PO Box 643600, Pittsburgh, PA 15264 -3600 Quotation Number: 15114578 IBM Contact: Christine Lynam Phone Number: 1 -508- 689 -0130 SAP Customer Number: 7933771 IBM Customer Number: 1753842 Customer: Attn: Bill Burnham City Of Corpus Christi 1201 Leopard St MIS Department 4th Floor CORPUS CHRISTI TX 78401 UNITED STATES 14- Oct -2009 Quote Expiration Date: 31- Dec -2009 Payer: 7772423 City of Corpus Christi Finance PO Box 9277 CORPUS CHRISTI TX 78469 -9277 UNITED STATES Item Part Numbcr Quantity Unit Price Extended Amount BEA WEBLOGIC APPLICATION SERVER FOR MAXIMO INSTNCE ANNUAL SW S &S RNWL 01 E03SFLL 1 0.00 Subscription and Support 01- Jar. -2010 - 31- Dec -2010 MAXIMO ADPTR FOR MICROSOFT PROJECT REGISTERED USER ANNUAL SW S &S RNWL 02 E036TLL 25 28.07 701.75 Subscription and Support 01- Jar -2010 - 31- Dec -2010 IBM Tivoli Maximo Asset Management MRO Secondary User SW Subscription & Support Renewal 03 E036BLL 375 95.19 35,696.25 Subscription and Support 01- Jar -2010 - 31- Dec -2010 IBM Tivoli Maximo Asset Management MRO Tier 1 Self - Service Requestor SW Subscription & Support Renewal 04 E03LFLL 95 0.06 5.70 Subscription and Support 01 -Jar -2010 - 31- Dec -2010 IBM Tivoli Maximo Asset Management Registered User SW Subscription & Support Renewal 05 E036CLL 12 895.00 10,740.00 Subscription and Support 01 -Jar -2010 - 31- Dec -2010 MAXIMO FOR UTILITIES REGISTERED USER ANNUAL SW S &S RNWL 06 E0375LL 25 228.39 5,709.75 Subscription and Support 01- Jan -2010 - 31- Dec -2010 MAXIMO SLA MANAGER CONCURRENT USER ANNUAL SW S &S RNWL 07 E03L2LL 75 40.32 3,024.00 Subscription and Support 01 -Jar -2010 - 31- Dec -2010 Original -26- Page 1 of 5 International Business Machines Corporation International Business Machines Corporation, PO Box 643600, Pittsburgh, PA 15264 -3600 Item Part Number Quantity Unit Price Extended Amount MAXIMO SLA MANAGER REGISTERED USER ANNUAL SW S &S RNWL 08 E03LOLL 25 16.08 402.00 Subscription and Support 01 -Jar -2010 - 31- Dec -2010 Applicable tax will be recalculated at the t me of order processing. Subtotal in USD: 56,279.45 Estimated Tax in USD: 0.00 Total in USD: 56,279.45 Original _27_ Page 2 of 5 Quotation Terms and Conditions 1. The prices listed above are based on the Program(s) being licensed under the terms of the IBM International Program License Agreement ( "IPLA") and the License Information ( "LI ") that can be viewed at http: / /www- 306 .ibm.com /software/sla/sladb.nsf / and are included with the shipment of the Program, or for electronic delivery included with the product download instructions. Software Subscription and Support (Software Maintenance) is governed by the IBM International Agreement for the Acquisition of Software Subscription and Support ( "IAASSS "), which is available upon request. This quotation is expressly conditional on acceptance of such terns. No additional terms will apply without IBM's prior, express written consent. 2. More detailed information about Support can be found in the IBM Software Support Guide, located at http• / /tenccuppnrt cervirrc ihm rnm /gnidre/handhnnk html 3. Price quoted does not include any VAT/GST/salcs tax. Applicable sales taxNAT /GST will be added upon invoicing. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and /or Software Subscription and Support, then the End User agrees to pay the amount specified or supply exemption documentation. The End User is responsible for any personal property taxes for thc Programs, and/or Software Subscription and Support from the delivery date.* 4. Changes to the terms of this Quote or the documents referred to herein shall not be valid unless agreed in writing by the End User and IBM. Additional or different terns in any order or written communication from the End User will be void. Please submit your Purchase Order or sign this quotation form to confirm your acceptance of these terms. ** 5. Prices set forth in this Quote are valid only through thc "Quote Expires" date above. Any discounts offered herein are subject to change if item(s) or quantity ordered do not match those listed in this Quote. 6. Net Payment of the Total Fees is due upon receipt of invoice from IBM. * ** 7. Shipping is FOB Origin. 8. You acknowledge and agree that this transaction is to be conducted in thc language of this quote, and agree that the terms of the agreement (including this form and the IPLA, LI and IAASSS) as written are valid and enforceable. * ** 9. IBM shall have the right to verify your compliance with the license terms on your premises during your normal business hours and in a manner that minimizes disruption to your business. IBM may use an independent auditor for this with your prior approval, which you will not unreasonably withhold. If you are a Business Partner you will procure that IBM has the right to verify the End User's compliance with thc license terms in accordance with this paragraph. 10. Unless otherwise agreed, IBM may make partial shipment of Programs making up one order. 11. This quotation is conditional on satisfactory credit checks being performed and a sufficient credit limit being in place at the time of placing the purchase order ( "PO "). In the absence of this, IBM reserves the right to reject the P0, to require up -front payment or require that a satisfactory payment guarantee be put in place prior to processing the PO. 12. This Quote, and the documents referenced herein, including but not limited to the IPLA, LI and IAASSS in Item 1 above, constitute thc entire agreement between the parties (and where relevant the End User) in connection with the subject matter includes, and supersedes, merges and voids all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or writtcn, of the parties with respect thereto. * For Customers in Brunci, Indonesia, Philippines, Vietnam, Malaysia, Thailand, Hong Kong, Taiwan, or Macau Item 3 is replaced as follows: 3. Price quoted does not include any VAT /GST /sales tax or other local tax. Applicable sales or local taxNAT /GST will be added upon invoicing. Should you be required under any law or regulation of any government entity or authority, domestic or foreign, to withhold or deduct any portion of the payments due to IBM, then the sum payable to IBM shall be increased by the amount necessary to yield to IBM an amount equal to the sum it would have received had no withholdings or deductions been made. The End User is responsible for any personal property taxes for the Programs, and/or Software Maintenance from the Original Page 3 of 5 Mai IMMO we ON OW Mil X04 delivery date. * For Customers in Europe, Middle East or Africa Item 3 is replaced as follows: 3. Price quoted does not include any VAT /GST /sales tax. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and /or Software Subscription and Support, then you agree to pay the amount specified on the invoice or supply exemption documentation. The end user of the Programs ( "End User') is responsible for any personal property taxes for the Programs, and/or Software Subscription and Support from the delivery date. * For Customers in Australia Item 3 is replaced as follows: 3. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and/or Software Subscription and Support, then the End User agrees to pay the amount specified or supply exemption documentation. The End User is responsible for any personal property taxes for the Programs, and/or Software Subscription and Support from the delivery date. If the rate of GST or other indirect taxes changes, IBM may adjust the charge or other payable to takc into account that change from the date the change becomes effective. * For Customers in Japan Item 3 is replaced as follows: 3. Price quoted does not include any consumption tax. Applicable consumption tax will be added upon invoicing. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and /or Software Subscription and Support, then the End User agrees to pay the amount specified or supply exemption documentation. The End User is responsible for any personal property taxes for the Programs, and /or Software Subscription and Support from the delivery date. ** For Customers in Europe, Middle East or Africa Item 4 is replaced as follows: 4. Changes to the tcrms of this Quote or the documents referred to herein shall not be valid unless agreed in writing by the End User and 1BM. Additional or different terns in any order or written communication from the End User will be void. Please submit your Purchase Order to confirm your acceptance of these tcrms. * ** For Business Partner Item 6 is replaced as follows: 6. Net payment due upon receipt or per your Partner Agreement * ** For Business Partner Item 8 add the following: Added to 8. Prior to providing any Program(s) to.the End user, you will ensure that the terms of each end -user license agreement satisfies the requirements of your Partner Agreement. For customers in the following countries, please sign below for your acceptance of this quote and return with your order. Afghanistan, Albania, Algeria, Andorra, Angola, Bahrain, Belgium, Benin, Botswana, Bulgaria, Burkina Faso, Burundi, Cameroon, Caper Verde, Central African republic, Chad, The Democratic Republic of Congo, Cote D'Ivoire, Czech Republic, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, France, French Guiana, French Polynesia, Gabon, Gambia, Ghana, Guinea, Guinea - Bissau, Iran, Iraq, Italy, Japan, Jordan, Kenya, Kuwait, Lesotho, Liberia, Libya, Macedonia, Malawi, Mali; Malta, Mauritania, Morocco, Mozambique, Namibia, Netherlands, Niger, Nigeria, Oman, Pakistan, Palestinian Territory, Poland, Qatar, Rwanda, San Marino, Sudan, Swaziland, Syria, United Republic of Tanzania, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, Western Sahara, Yemen, Zambia, and Zimbabwe. For customers in the following countries, please sign below for your acceptance of this quote and return with your order. An IBM delegate will need to countersign. Original Page 4 of Argentina, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Chile, China, Colombia, Costa Rica, Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Guam Guatemala, Haiti, Honduras, Hungary, Luxembourg, Marshall Islands, Mexico, Federated States of Micronesia, Nicaragua, Northern Mariana Islands, Palau, Panama, Paraguay, Peru, Puerto Rico, Romania, Serbia and Montenegro, Turkmenistan, Uruguay, and Venezuela. Agreed to: 'Customer' Agreed to: Local International Business Machines Delegate By By Authorized Signature Authorized Signature Name (type or print): Name (type or print): Date: Date: Original Page 5 of 5 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 17, 2009 AGENDA ITEM: Ordinance appropriating $12,242 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality (TCEQ) in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Leaming Center and Wetland Preserve; and declaring an emergency. ISSUE: The City entered into an agreement in March 2009 with the Texas Commission on Environmental Quality to participate in Supplement Environment Projects (SEP) for wetland construction, habitat enhancements, land acquisition, alternative energy use and conservation at the Oso Bay Learning Center and Wetland Preserve. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. PREVIOUS COUNCIL ACTION: Council approved the Oso Creek -Oso Bay Greenbelt, Parks and Trails System Master Plan as part of the Parks, Recreation & Open Space Master Plan on August 22, 2006. On February 24, 2009, Council approved purchase of 48.91 acre tract of land situated in parts of Section 32 and 31 Flour Bluff and Encinal Farm and Garden Tracts, from Coastal Bend Bays and Estuaries Program. These SEP funds will be used to partially fund this land purchase. FUNDING: TCEQ Supplemental Environmental Project payments CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. a. Stacie Talbert, Interim Director Parks and Recreation 361- 826 -3464 StacieT(acctexas.com Attachment Background Information Copy of Supplemental Environmental Project Agreement 3 BACKGROUND INFORMATION A Supplemental Environmental Project (SEP) is a means through which the Texas Commission for Environmental Quality (TCEQ) directs fines, fees, and penalties for environmental violations toward environmentally beneficial uses. Through a SEP, a respondent in an enforcement matter can choose to invest penalty dollars in improving the environment. SEPs that have a direct benefit allow a respondent to offset one dollar of its penalty for every dollar spent on the SEP. Some of the uses for SEP funds are wetland construction and drainage improvements, habitat restoration and land management, and acquisition of land for conservation purposes. The city applied to become a recipient of SEP dollars in June of 2008 for the Oso Bay Leaming Center and Wetland Preserve project. The City entered into an agreement in March 2009 with the TCEQ to participate in Supplement Environment Projects for wetland construction, habitat enhancements, land acquisition, alternative energy use and conservation at the Oso Bay Learning Center and Wetland Preserve. SEP funds may be used for land acquisition. On February 24, 2009 the City Council approved the purchase of the 48.91 acres of property that would become part of the 162 acre Oso Bay Learning Center and Wetland Preserve. Closing on the property is scheduled for November 13, 2009. The $12,242 of SEP funding will be applied to the purchase of this property as part of the Oso Bay project (see attached funding summary). 4 Oso Bay Learning Center and Wetland Preserve FUNDING to Date TOTAL Bond 2008 $ 2,750,000 Community Enrichment Fund 4720 283,334 Grants Received: TPWD Outdoor 2009 500,000 TPWD Recreational Trails 2009 200,000 GLO / CMP Cycle #14 2009 314,901 TCEQ / SEP 12,242 Other Fanners: CBBEP (for Xeriscape at Learning Ctr) 5,000 Total Funding to Date $ 4,065,477 Total Project Estimate 6,200,000 Funds still needed (2,134,523) Future grant applications: TPWD Outdoor 2010 (to apply by 112010) 500,000 TPWD Indoor 2010 (to apply by 7/2010) 750,000 5 Buddy, Garcia, Chairman Larry R. Soward, Commissioner Bryan W. Shaw, Ph.D., Commissioner Mark R. Vickery, P.G, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution Angel Escobar, City Manager City of Corpus Christi 1201 Leopard Street, 3r" Floor Corpus Christi, Texas 78401 Dear Mr. Escobar: Subject: March 12, 2009 E D MAR 16 2009 CITY MANAGER'S OFFICE City of Corpus Christi. Executed Agreement Concerning Supplement Environmental Project (SEP) Funds; Agreement Number 2008 -014 Enclosed for your records is one original of the referenced executed agreement between the Texas Commission on Environmental Quality and the City of Corpus Christi, as well as an example of the Quarterly Report form. As a participant in the SEP program, your organization should submit one report for each project listed in the agreement to TCEQ quarterly according to the schedule provided on the form. For your convenience, the form is in Excel format and can be completed and submitted electronically. You may find the Blank Quarterly Report on our website at:http ; / /www.tceq. state .tx.us /legal/sep /index.htrnl. Instructions are provided online in the SEP forms area. TCEQ looks forward to working with your organization to improve the Texas environment. Please contact Melissa Keller at (512) 239 -1768 or me at (512) 239 -0600 if you have any questions regarding the SEP process. Sincerely, Share .:;Blue SEP - ordinator, Litigation Division Office of Legal Services Enclosure cc Sally Gavlil, Parks Director, P.O. Box 9277. Corpus .Christi; Texas 78469 Lisa Aguilar, City Attorney's Office, ,1201 Leopard Street, Corpus Christi,; Texas 78401 .Frank Fuller, Consultant via electronic mail .to frank @ffulle r.com Melissa Keller, TCEQ via electronic: mail -36- PERFORMING PARTY AGREEMENT NUMBER CITY OF CORPUS CHRISTI 2008 -014 AGREEMENT CONCERNING SUPPLEMENTAL ENVIRONMENTAL PROJECT FUNDS This Agreement Concerning Supplemental Environmental Project Funds (hereinafter "Agreement ") is entered into by and between the Texas Commission on Environmental Quality (hereinafter "TCEQ "), an agency of the State of Texas, and The City of Corpus Christi (hereinafter "Performing Party"), a Municipal Government entity in the State of Texas. General Conditions Contact :Information Each Party hereby designates the following person as its representative for implementing this Agreement and for receipt of notice or other information pursuant to the Agreement: Contact Information for Performing Party: Name: Sally Gavlik Telephone: Facsimile: 361.826.3864: Email: sallygecctexas.com Address: 1201 Leopard Street P.O.Box 9277 Corpus Christi, TX 78401 Contact Information for TCEQ: ;. Name Sharon Blue Telephone: 512.239.2223 Facsimile: Email: 512.239,3434 sblueAtceq.state.tx.us Mail: Overnight or Courier Litigation: Division Attn: SEP'Coordinator Mail Code 175 . Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 Litigation Division Attn: SEP.Coordinator Mail Code 175 Texas Commission on Environmental Quality 12100 Park 35 Circle, Bldg. A ........:.: Austin, Texas 78753 Definitions &`Clarifications 2.1. "Effective Date" refers to the date this Agreement begins and is the date of the last signatory. below. 2.2. "Includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and the use of the terms does not create a presumption that components not expressed are excluded. 2.3. tt arty" or " Parties" refers to one or all of the signatories to this Agreement, respectively. 2.4. "SEP" refers to Supplemental Environmental Project. 2.5. "SEP Funds" means funds that, with the TCEQ approval, are contributed to Performing Party by respondents in enforcement actions brought by the TCEQ. The term includes interest earned on the original contribution. 2.6. "Project" refers to the project or projects that are approved by the TCEQ as SEPs and .- described in the exhibit(s) to this Agreement. 2.7. Computation of Times. When any period is referred to in this Agreement by days, it will be computed to exclude the first and last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a state or federal holiday, such day will be omitted from the computation. A calendar day of twenty -four hours measured from midnight to the next midnight constitutes a day. Exhibits The following exhibits are attached tothis'Agreement and incorporated herein by reference: • Exhibit 1, entitled "Wetland Construction, Habitat Enhancements, and Land Acquisition at the Oso Conservation Interpretive Park;" and Exhibit 2, entitled "Alternative Energy Use and Conservation at the Oso Conservation Interpretive Park." Approvable SEP The Parties agree that the Projects meet the definition of a SEP pursuant to Texas Water Code, § 7.067 and the TCEQ guidance on SEPs. S SEP Funds 5.1. Maintenance of SEP Funds: Performing Party shall maintain SEP Funds in an interest- bearing account used exclusively for suc . un s at a manci mstitution :that is insure Y,t e' F era eposit InsurativorainF151C7ind provides regular accounting statements. All earned'' interest on SEP Funds must be accounted for and becomes', part of the SEP Funds under this Agreement. 3.2. Use of. SEP. Funds: For any SEP Funds received, Performing Party shall only expend such funds directly on the Project for expenses that are reasonable, necessary, actual, and authorized by this Agreement. Performing Party shall ensure that the expenditure of SEP Funds results in adequate and timely work performed or purchases made in accordance with this Agreement. Performing Party shall not use any SEP Funds, nor ":interest: from such funds, for administrative, advertising, or travel expenses associated with the implementation :of the Project without express written approval from. the TCEQ. 5.2.1. In addition to the requirements that expenses be reasonable, necessary, actual, and authorized, TCEQ may also require that expenses for work or .a specific portion of the work to be performed under this Agreement be allowable under the appropriate cost _3 principles specified in the Texas Uniform Grant Management Standards (UGMS) established by the Office of the Governor of Texas under I Texas Administrative Code §§ 5.141 - 5.167. 5.2.2. Performing Party shall expend SEP Funds for work being performed by or for Performing Party by Performing Party's employees, independent contractors, or volunteers. Performing Party shall not act as a third -party administrator granting funds or funding projects for the benefit of other parties without specific written authorization from TCEQ, in which case Performing Party shall enter into written agreements with all such other parties that shall include provisions similar in effect to the provisions in this Agreement. 5.3. Accounting: Performing Party shall specifically account for the receipt and expenditure of SEP Funds, including all interest earned on such funds, on the approved TCEQ reporting form. 5.4. Timely Expenditure: • Performing Party shall expend SEP Funds within one year of receiving; the contribution. In the TCEQ's sole discretion, this time period may be extended upon request from Performing Party, Any request for extension must be on the approved TCEQ form, include reasonable justification for the extension, and be received thirty (30) days prior to the end of the required performance period. 5.5. No Guarantee of Funding: Funding under this Agreement is limited to voluntary SEP contributions through the TCEQ enforcement process. Performing Party understands that there is no guarantee that it will receive any SEP Funds under this Agreement. 56. Refund of SEP Funds: If at any time the TCEQ determines that SEP Funds have been spent in a manner that is not in accordance with this Agreement, Performing Party shall, on request from the TCEQ, reimburse such funds to the TCEQ. Additionally, Performing Party, on request from the TCEQ, shall turn over all remaining SEP Funds to the TCEQ. Return of SEP Funds will be accompanied by a detailed written accounting connecting the funds to specific docket numbers in a manner acceptable to the TCEQ. These remaining SEP Funds must be in the form of a check or money order made out to "Texas Commission on Environmental Quality" and sent to the designated TCEQ contact address. This obligation survives termination of the Agreement. 5.7. TCEQ may require that Performing Party submit a proposed budget to TCEQ for review and approval prior to beginning work or a portion of the work under this Agreement. in the event that TCEQ requires a budget to be submitted, then Performing Party shall not incur expenses performing the work or portion of work that is subject to the budget until the budget has been approved, unless authorized to do so in writing by TCEQ. All subsequent expenditures for the work or portion of work subject to the budget shall be within the approved budget or shall be paid for with non-SEP funds. 6. Other Contributions Nothing in this Agreement is to be construed to prevent Performing Party :. from accepting funds from .: charitable contributors or other sources to the extent permitted by law. However, Performing Party agrees that it will not request additional contributions from any TCEQ contributor within six months of receiving funding from that same contributor through the SEP program,:; 3 -39- TCEQ Enforcement Actions' This Agreement does not create any rights on behalf of Performing Party or contributing respondents in TCEQ enforcement actions. Performing Party shall have no role in the TCEQ enforcement process other than to receive approved, voluntary SEP contributions from respondents and perform the Project according to the terms of this Agreement. 8. Project Performance Performing Party shall perform the Project in accordance with this Agreement as well as applicable state and federal laws, rules, and regulations. In so doing, Performing Party shall obtain all necessary permits .: and licenses. 9. Term of Agreement The Agreement begins on the Effective Date and automatically renews in one year terminated by either Party in accordance with this Agreement. 10. Termination increments unless Upon thirty (30) days prior written notice to the other Party, either Party may terminate this Agreement with or without cause. Within thirty (30) days of the effective date of the termination, Performing Party shall make a written accounting to the TCEQ of all SEP Funds received, expended, and remaining under this Agreement. This accounting must tie SEP Funds to specific docket numbers and be in a form acceptable to the TCEQ. With this written accounting, Performing Party shall also return all remaining SEP Funds to the. TCEQ that have not been expended, The return of remaining SEP Funds must be in the form of :a check or money order made out to "Texas Commission on Environmental Quality" and sent to the designated TCEQ contact address. These obligations survive termination of the Agreement. 11. Amendments With the exception of contact information, changes to this Agreement may only be made by written amendment, signed, and agreed to by all Parties. Changes to Section 1, Contact Information, may be made by written notice from one Party to all other Parties. 12. Notices and Other Information 12.1. Effective Delivery: All notices and other information will be deemed to be delivered on the date they are received ';.;if they are: 1) hand- delivered, as evidenced by a signed acknowledgement . of receipt; 2) delivered ` by - a nationally recognized courier service, as evidenced by the confirmation of delivery rendered by the courier service; 3) or mailed through the U.S. Postal Service by certified or registered mail, return receipt requested, as evidenced by the acknowledgement of receipt returned to the sender by the postal authorities. Electronic transfer by facsimile or email is not effective for notice unless acknowledged by the other Party. 12.2. . Bankruptcy: In the event that Performing Party files a petition for bankruptcy. protection, Performing Party shall provide written notice to the TCEQ within twenty -four (24) hours of such filing. Notice must be sent to the designated TCEQ contact under this Agreement as well as'the TCEQ. Bankruptcy Program. Notice to the TCEQ Bankruptcy Program must include contact information and must be sent to: Denise Espinosa, TCEQ Bankruptcy Program, P,O. Box 13087, Mail Code 132, Austin, Texas 78711. -40- 12.3. Notice of Change: Performing Party agrees that all information it provided to the TCEQ remains correct and that in entering into this Agreement, the TCEQ has materially relied on all information provided by Performing Party, regardless of whether such information is incorporated into this Agreement. Performing Party agrees to give prompt written notice to the TCEQ if there is any material change in the information. 13. Records and Reporting 13.1. Records: Performing Party shall establish and maintain legible and organized financial records concerning the SEP Funds for a minimum of three (3) years from the date of' receipt of each contribution. This obligation survives termination of the Agreement. Quarterly Reports: Performing Party shall submit quarterly reports to the TCEQ on the approved TCEQ form. The reports' shall contain the following information: 13.2.1. The amount of SEP Funds received during the previous quarter with each contribution amount, contributor name, and corresponding docket number; 13.2.2. A list` of actual expenditures paid with SEP Funds, grouped by the Project the funds were expended on and any necessary accompanying explanation; 13,2.3. The total balance of the SEP Funds with interest separately noted; 13.2.4. Projected expenditures of remaining SEP Funds; 13.2.5. A description of each Project to which SEP Funds were allocated: and progress made to date; 13.2.6. Any additional information Performing Party believes would demonstrate compliance with this Agreement; and 13.2.7. Any additional information requested by the TCEQ or the approved TCEQ reporting form. 13.3. Final Reports: Within thirty (30) days after the conclusion of each Project, Performing Party shall submit a final report on the approved TCEQ reporting form. The report shall contain .` the following information: 13.3.1 Detailed information concerning the. completed Project; 13.3.2. The amount of SEP Funds applied to the Project with each : :contribution amount, contributor name, and corresponding docket number; 13.3.3. A list of actual expenditures on the Project that were paid for with SEP Funds; 13.3.4. Any remaining SEP Funds dedicated to the subject Project with interest separately noted; 13.3.5. Any `,additional information Performing Party believes would demonstrate compliance with this Agreement; and - 41:-.. 13.3.6. Any additional information requested by the TCEQ or the approved TCEQ reporting form. 13.4. Additional Reporting: Performing Party agrees to provide additional information requested by the TCEQ under this Agreement. 14. Access 14.1. Inspection and Audit: Performing Party agrees to allow access by the TCEQ and other state agencies to all records pertinent to this Agreement, including records concerning receipt and expenditure of SEP Funds, for the purposes of inspection and audit. 14.2, Access to Project: Performing Party agrees to allow, access by the TCEQ and its representatives to the site of any work financed in whole or impart by SEP Funds. Performing Party agrees to require its contractors to provide the same access. 4.3. Survival: These access obligations survive termination of this Agreement. 15. :Insurance Unless prohibited by law, Performing Party shall require its contractors and suppliers to obtain and maintain adequate insurance coverages sufficient to protect the TCEQ and Performing Party from all claims and liability for injury to persons and for damage to property arising under the Agreement. If Performing Party is performing work under this Agreement using its own employees and resources, then (unless Performing Party is a governmental entity or this requirement is waived by TCEQ) Performing Party shall itself obtain and maintain adequate insurance coverages :sufficient to protect the TCEQ and Performing Party from all claims and liability for injury to persons and for damage to property arising out of Performing Party's performance of the work. 16. Independent Entity Performing Party is an independent entity and conducts the work under this Agreement as part of its own authorized functions. Performing Party agrees that it undertakes performance in accordance with this Agreement as its own work and does not act in any capacity on behalf of the TCEQ or as a TCEQ -hired contractor or vendor of goods or services. 17. Acknowledgement of Financial Support Performing Party shall acknowledge the financial support of the TCEQ SEP program in any publication involving the use of.:SEP Funds or whenever work funded in whole or in part by this Agreement is publicized or reported in news media. All publications or news releases shall contain the following notation (or its equivalent if approved by the TCEQ): Prepared with funding from contributions in settlement of an enforcement action brought by the Texas Commission on Environmental Quality. 6 -4 2 18. Publicity Performing Party shall not publicize the name of contributors of SEP Funds without consent of the contributor and notice to the TCEQ. 19. Public Information The Texas Public Information: Act (Texas Government Code, Chapter 552) applies to all information delivered to the TCEQ in the course of performance under this Agreement. The TCEQ assumes no obligation to make legal arguments in support of any claims pertaining to .confidentiality, patents, trade secrets, or copyright. 20. `•Severability If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remainder_ of the Agreement shall be construed to conform to the intent of the Parties. 21. Conflict of Interest Performing Party shall notify the TCEQ in writing of any actual, apparent, or potential conflict of interest regarding Performing Party or any related entity or individual performing or having involvement with any portion of the Project.. At the TCEQ's request, any entity with an organization conflict of interest or an individual with a personal conflict of interest shall not take part in any way in the performance of the Project. Performing Party agrees that the TCEQ has sole discretion to determine whether a conflict exists. 22. Governing Law This Agreement shall be governed by, construed, and .interpreted under the laws of the State of Texas, as well as any applicable: federal law. 23 Venue Performing Party agrees that the Agreement . is being performed in Travis County, Texas because this Agreement has ` been solicited and is being administered in Travis County, Texas. Performing Party agrees that any permissible cause of action involving this Agreement arises solely in Travis County. This provision does not waive the TCEQ's sovereign immunity. 24. Sovereign Immunity The Parties agree that this Agreement does not waive the State of Texas' sovereign immunity relating to suit, liability, and the payment of damages. 25. Assignment No delegation of duties, obligations, or rights under or interests in the Agreement will be binding on the TCEQ without its express written consent except as restricted by law.. No assignment will release or discharge Performing Party from any duty or responsibility under the Agreement. -43- 26. Survival of Obligations All representations, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Agreement, will survive beyond the termination or completion of the Agreement. 27. Full Integration This Agreement, including all attachments, merges any prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the Parties regarding the Project. 28. Counterparts This Agreement may be signed in any number of counterparts, and as signed, shall constitute one Agreement binding on all Parties hereto, even though all of the Parties do not sign the same counterpart.. 29. Authorized Signatories The Parties agree that the signatories to this Agreement are authorized to enter into this Agreement on behalf of the entities indicated below each respective signature. Furthermore, the Parties agree that each is bound by the terms and conditions of this Agreement after it is signed by each Party. —44— Signature Page for Performing Party An Escobar City Manager City of Corpus Christi Stephanie Be : eron Perdue . Date Deputy Director, Office of :al Services Texas Commission on Env onmental Quality Exhibit 1 Wetland Construction, Habitat Enhancements, and Land Acquisition at the Oso Conservation Interpretive Park Project Description: Performing Party is developing a 162 -acre nature park on the shores of Oso Bay (the "Property "). The Oso Conservation Interpretive Park will include a nature center building, interpretive trails, and significant habitat for wildlife (enhanced through wetland construction, wetland restoration, and invasive species control). The Property already contains wetlands, although some of the wetland complexes have been degraded due to poor rangeland management. Performing Party shall use SEP Funds to assist in developing the park and the nature center building to the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM) standards. This portion of the project is further described in Exhibit 2 of this Agreement. Exhibit 1 of this SEP has three components 1) Wetland Construction and Drainage Improvements - Performing Party shall use SEP Funds to construct wetlands as a best . management practice for stormwater control. ` A drainage ditch transects the Property and discharges directly into Oso Bay. Performing Party shall construct wetlands so that water in the drainage ditch discharges into the wetlands prior to it entering Oso Bay. Construction of the wetlands must include appropriate contouring, elevations, plantings and water inflow to ensure that the wetlands achieve and maintain functionality. Performing Party may also modify other, portions of the drainage ditch to enhance stormwater control. By entering into this Agreement, Performing ,Party certifies that it is not required to perform these actions under its stormwater control permit. 2) Habitat kestoration and Management - Performing Party shall use SEP Funds to enhance habitats by restoring degraded wetlands and controlling and removing invasive species. The Property is largely former pasture land that borders on Oso Bay. The former rangeland harbors both non - indigenous species, such as Bermuda grass, and indigenous species, such as Mesquite and Huisache, that can become invasive and affect habitat functionality. Performing Party shall controlfremove the invasive species in an environmentally protective manner. Wetland restoration is needed because of past modifications to the landscape (construction of the drainage ditch and grazing) that have negatively affected existing wetlands. Performing Party shall re- -` contour, replant, and perform other activities on these existing wetlands as necessary to restore or enhance the functionality of the wetlands. 3) Acquisition of Additional Land - Performing Party shall use SEP Funds to acquire tracts of land adjacent to the Property.. Performing Party shall ensure that any land acquired with SEP Funds has high conservation values, becomes a part of the Oso Conservation Interpretive Park soon after acquisition; and is preserved in perpetuity through a conservation easement approved by the TCEQ. 11: Environmental Benefit: Wetland Construction Constructed wetlands, used as a best management practice for stormwater control, will reduce pollutant loading such as oil and grease, nitrogen and bacteria, and floatable trash that can enter into Oso Bay. According to the Center for Watershed Protection, a nationally - recognized expert in stormwater control and wetland construction, constructed wetlands can remove; pollutants to the levels specified in the table below, expressed as a percentage *: Pollutant Low Performance Median Performance High Performance Total Suspended Solids 45 70 85 Total - Phosphorus 15 50 75 Soluble Phosphorus Total Nitrogen 25 55 Organic Carbon total Zinc 25 20 55 45 30 40 70 Total Copper 20 50 65 Bacteria Hydrocarbons (including oil and grease) 40 60 85 Trash and Debris (Floatables) 75 90 95 * Urban Subwatershed Restoratio August 2007. Manual. 3, Appendix D-3 Center for Watershed Protection, The values expressed above vary and are the result of evaluations of wetland .stormwater treatment systems throughout the country. Since no ` stormwater wetland system has been evaluated and monitored in Corpus Christi for functionality, local results could vary. Habitat Restoration and Management Restoration of degraded wetlands and the removal of invasive, species will return the property to ecological functionality. Wetlands are known for providing habitat for wildlife, filtering pollutants, and `retaining stormwater, as well as providing other ecological services. The presence of invasive or nonnative species has been shown to significantly reduce ecosystem function. Removal of invasive and nonnative species will help to enhance the coastal prairie ecosystem. Acquisition of Additional Land Eligible Counties: Nueces Minimum Contribution: $5,000 12: _48 Exhibit 2 Alternative Energy Use and Conservation at the Oso Conservation Interpretive Park Project Description: Performing Party is undertaking the acquisition and development of a 1b2- acre nature park and the construction of a nature center on the shores of ` Oso Bay. The Oso :. Conservation Interpretive Park . will include a 15,270 square -foot nature center . building, interpretive trails, and significant habitat for wildlife. Wetland and habitat improvements are described in Exhibit 1 of this Agreement. Performing Party shall develop the nature center to the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM) standards. For example, the nature center will use photovoltaic panels to supply electricity, solar panels to heat water, and energy saving measures such as industrial light tubes to supply daytime lighting to classrooms and heat pumps to supply cooling and heating. Exhibit .2 of this SEP supports the development of the "green" elements that are to be incorporated in the nature center. - Performing Party shall use. SEP Funds for engineering the energy-saving measures, particularly the use of the building's solar elements, and for the incremental cost of acquisition and installation of: Photovoltaic cells and batteries for storage of electricity versus regular electric- powered lighting for both the nature center's and the park's parking lot lighting; Solar panels versus regular electric water heating at the facility; Heat pumps using deep thermal wells versus regular electric heat pumps for heating and cooling; Industrial light tubes versus regular lighting for passive lighting during the day; and Green roofing (for insulation and to reduce the urban "heat island" effect) versus regular roofing. materials. Many building elements, such as the use of photovoltaic cells and green roofing, can be phased in or expanded over time, allowing for incremental additions as funding becomes available. Performing Party shall use SEP Funds for the direct cost of implementing this project and no portion will be used for administrative costs. Performing Party certifies that it has no prior budgetary commitment to perform the portion of the project being funded with SEP Funds and that it will not receive or use duplicate funding. Environmental Benefit: Determination of exact energy load reductions is based on a number of factors including architecture, building orientation, the number of days open to the public, and the number of v. isitors. Performing Party shall calculate and report to TCEQ on a quarterly basis the energy conservation and air quality benefits from these factors, beginning upon completion of construction of the project and continuing for one year after the equipment has been in use. 13 -497 The installation of photovoltaic cells in the nature center is estimated to decrease energy consumption by 20 percent per year. That energy savings is expected to reduce the emission of carbon dioxide. Additionally, the use of photovoltaic cells is anticipated to reduce nitrogen oxides and mercury emissions each year. Additional energy savings are expected from the use of solar water heating panels, heat pumps and associated deep wells, industrial light tubes, and green roofing. Energy savings from these elements have not bee n precisely calculated in advance but are expected to be significant. Eligible Counties: Nueces and San Patricia Minimum Contribution: $5,000 14 -50- Page 1 of 2 ORDINANCE APPROPRIATING $12,242 FROM CONTRIBUTIONS IN SETTLEMENT OF AN ENFORCEMENT ACTION BROUGHT ABOUT BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR LAND ACQUISITION FOR THE OSO BAY LEARNING CENTER AND WETLAND PRESERVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the amount of $12,242 is appropriated in the No. 1067 Parks and Recreation grants fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October: , 2009 Lisa Aguil Interim City Attorney H :\LEG-DIR\Jeannie \Lisa\Ordinanoes- Resolutions \ORD -appre CIEQ- OsoBay.doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 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 Leal John Marez Nelda Martinez Mark Scott H ALEG- DIRWeannie\Lisa \Ordina races- Resolutions \ORD- apprOREQ- OsoBay.doc CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 17, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to accept a grant from Texas Parks and Wildlife Outdoor Recreation Program in the amount of $ 500,000 in the No. 1067 Parks and Recreation Grants Fund for recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve, with a $ 500,000 local land match from the acquisition of 48.91 acres (Gaines Property). B. Ordinance appropriating $500,000 grant from Texas Parks and Wildlife Outdoor Recreation Program in the No. 1067 Park and Recreation Grants Fund to fund recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. ISSUE: The Oso Bay Learning Center and Wetland Preserve was developed as part of the Oso Creek and Oso Bay, Greenbelt, Parks & Trails System Master Plan through a Steering Committee composed of community members and partners. The Parks and Recreation Department is continuing to pursue grant funding to continue implementation of this project. REQUIRED COUNCIL ACTION: Authorization requested to accept and appropriate the $500,000 grant award from Texas Parks and Wildlife Department for recreational improvements. PREVIOUS COUNCIL ACTION: The City Council authorized the submission for an Outdoor Recreation grant application to the Texas Parks and Wildlife Department in the amount of $500,000 on March 11, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to submit this grant application. Stacie Talbert, Interim Director Parks and Recreation StacietCa)_cctexas. com 361- 826 -3464 Attachments: Background Information 3 —55— BACKGROUND INFORMATION Council approved the Oso Creek -Oso Bay Greenbelt, Parks and Trails System Master Plan as part of the Parks, Recreation & Open Space Master Plan on August 22, 2006. On February 24, 2009, Council approved purchase of 48.91 acre tract of land situated in parts of Section 32 and 31 Flour Bluff and Encinal Farm and Garden Tracts, from the Coastal Bend Bays and Estuaries Program. On October 27, 2009 Council approved and appropriated GLO / Coastal Management Program Cycle #14 grant to fund $314,901 of the purchase price of this property. An estimate for the development of the Oso Bay Leaming Center and Wetland Preserve is $6,200,000 (see attached funding summary). $4,065,477 in funding has been identified through Bond 2008, Texas Parks and Wildlife grants, General Land Office / Coastal Management Program grant, Texas Commission on Environmental Quality Supplemental Environmental Project funds and a $5,000 donation from community partner Coastal Bend Bays and Estuaries Program. 4 Oso Bay Learning Center and Wetland Preserve FUNDING to Date TOTAL Bond 2008 $ 2,750,000 Community Enrichment Fund 4720 283,334 Grants Received: TPWD Outdoor 2009 500,000 TPWD Recreational Trails 2009 , 200,000 GLO / CMP Cycle #14 2009 314,901 TCEQ / SEP 12,242 Other artners: CBBEP (for Xeriscape at Learning Ctr) 5,000 Total Funding to Date $ 4,065,477 Total Project Estimate 6,200,000 Funds still needed (2,134,523) Future grant applications: TPWD Outdoor 2010 (to apply by 1/2010) 500,000 TPWD Indoor 2010 (to apply by 7/2010) 750,000 5 TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT Project Sponsor and Name: CORPUS CHRISTI OSO CONSERVATION INTERPRETIVE PARK; PROJECT #48- 001095 Project Period: TPWD Approval Date to July 15, 2012 Total Project Cost: $ 1,000,000.00 Approved State Funds: $ 500,000.00 PROJECT DESCRIPTION (SCOPE): The City of Corpus Christi requests support to acquire 28.03 acres to expand and develop 61.5 - acre Oso Conservation Interpretive Park to include interpretive nature trail, amphitheater, camping area, teaching gardens, picnic area with shade and bike racks, habitat enhancement, wetland enhancements with overlook, beach /swimming access, open space area and enhancements, filtration pond and landscaping. Oso Conservation Interpretive Park located at 8001 Holly Road, in the southeast area of the city adjacent to Oso Bay in Nueces County. The attached Environmental Addendum is hereby made part of the Agreement. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ( "Department ") and the "Sponsor" hereby contract with respect to the above described project as follows: 1. The Sponsor is obligated to adhere to all requirements established for the Texas Recreation and Parks Account Program including program guidelines set out at 31 TAC Sec. 61.132 - 61.137. 2. No work on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 3. The Sponsor shall furnish the Department an annual report for a period of five years following the project completion providing to the satisfaction of the Department information regarding present and anticipated use and development of the project site. 4. The Sponsor shall install and maintain at the project site a permanent fund acknowledgment sign as prescribed by the Department. 5. All utilities at the project site shall be underground and approved by the Department. 6. The General Provisions dated February 2004 attached hereto are hereby made part of this agreement. 7. The Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects dated January 2005 attached hereto is hereby made part of this agreement. 8. The original application and supplemental documentation submitted by the sponsor are hereby made part of this agreement. 9. The Agreement is effective upon execution by the Department. TEXAS PAR AND r by PARTMENT CITY OF CORPUS CHRISTI Political Subdivision by Tim Hogsett, Director, Recreation Grants Branch Sall Gavli Parks ks and Recreation Director Name and Title Name and Title 12-4.-e37 /-2 TPWD Approval Date Date -58- TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATE OF LAND DEDICATION FOR PARK USE TEXAS RECREATION AND PARKS ACCOUNT PROGRAM This is to certify that a permanent record shall be kept in the CORPUS CHRISTI public property records and be made available for public inspection to the effect that the property described in the scope of the Project Agreement for OSO CONSERVATION INTERPRETIVE PARK, Project Number 48- 001095, and the dated project boundary map made part of that Agreement, has been acquired or developed with Texas Recreation and Parks Account assistance and that it cannot be converted to other than public recreation use without the written approval of the Texas Parks and Wildlife Department. CITY OF CORPUS CHRISTI By Political Subdivision -45 Ar41 SALLY GAVLIK, PAFikS AND RECREATION DIRECTOR Name and Title Date BUDGET SUMMARY PROJECT: CORPUS CHRISTI Oso Conservation and Interpretive Park REIMBURSEMENT REQUEST NO. PROJECT NUMBER: 48 -001095 PERIOD COVERED: 1. PROFESSIONAL SERVICES 2. CONSTRUCTION ELEMENTS A. Recreational Facilities 1. Site preparation 2. Granite trail 3. Pedestrian bridges (2, recycled materials) 4. Picnic area w /shade structures 5. Camping area wire pit 6. Beach access 7. Amphitheater 8. Teaching gardens w /native plants 9. Wetlands enhancements w /overlooks 10. Natural area enhancements 11. Interpretive signage /kiosks 12. Filtration pond B. Miscellaneous 1. Program signs Construction Cost Less Retainage $ TOTAL CONSTRUCTION $ TOTAL ACQUISITION $ (28.03 acres by donation) TOTAL PROJECT COST $ MATCH: $500,000.00 ESTIMATE COMPLETED LAST REQUEST COMPLETED THIS PERIOD TOTAL COMPLETE 15, 000.00 155, 935.00 125, 000.00 25, 000.00 4,500.00 5,500.00 15, 000.00 14,000.00 25, 000.00 20, 000.00 30, 000.00 100, 000.00 1,000.00 535, 935.00 0.00 535, 935.00 464, 065.00 1, 000, 000.00 ACQUISITION SCHEDULE CORPUS CHRISTI OSO CONSERVATION INTERPRETIVE PARK; PROJECT #48- 001095 PARCEL LAND IMPROVEMENT CURRENT TOTAL VALUE CODE NUMBER ACREAGE VALUE VALUE OWNER OF PARCEL 3 A 28.03 $464,065.00 $0.00 TRUST FOR $464,065.00 PUBLIC LAND TOTAL ACREAGE: 28.03 TOTAL LAND VALUE: $464,065.00 CODE: Indicate, by code number, the method by which each parcel of land is to be acquired. (1 = Negotiated Purchase; 2 = Eminent Domain /Condemnation; 3 = Donation; 1 -3 Partial Donation or Bargain; Sale; 4 = Sponsor or Publicly Owned Non - Parkland) PARCEL NUMBER: Identify each parcel number in the same manner the parcels are identified on the boundary map. ACREAGE: Show the number of acres for each parcel of land to be acquired (to the nearest one - hundredth of an acre). LAND VALUE: Show the estimated value for each parcel. Include a "Preliminary Valuation Letter" to support the cost estimate for all property to be acquired. IMPROVEMENTS VALUE: If structures or improvements exist on the subject property, show the value of the improvements, explain in the "Preliminary Valuation Letter" how the values were determined, and advise in the "Program Narrative" how the improvements will be used. (See "Appraisal Instructions" to insure that improvements are valued correctly.) CURRENT OWNER: Provide the name of the current land owner for each parcel. TOTAL VALUE OF PARCEL: Add land and improvement values for each parcel. TOTAL ACREAGE: Add "Acreage" column. TOTAL LAND VALUE: Add 'Total Value of Parcel" Column -61- Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM TEXAS PARKS AND WILDLIFE OUTDOOR RECREATION PROGRAM IN THE AMOUNT OF $ 500,000 IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR RECREATIONAL IMPROVEMENTS AS PART OF THE OSO BAY LEARNING CENTER AND WETLAND PRESERVE, WITH A $ 500,000 LOCAL LAND MATCH FROM THE ACQUISITION OF 48.91 ACRES (GAINES PROPERTY). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $500,000 grant from Texas Parks and Wildlife Outdoor Recreation Program for recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve, with a $500,000 local land match from the acquisition of 48.91 acres (Gaines Property). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: October 3 , 2009 Lisa Aguilar() Interim City Attorney —62— Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\LEG -DI R\Jeannie \Lisa \Ordinances - Resolutions \Res- authGtrat:reation- OsoBay.docx Page 1 of 2 ORDINANCE APPROPRIATING $500,000 GRANT FROM TEXAS PARKS AND WILDLIFE OUTDOOR RECREATION PROGRAM IN THE NO. 1067 PARK AND RECREATION GRANTS FUND TO FUND RECREATIONAL IMPROVEMENTS AS PART OF THE OSO BAY LEARNING CENTER AND WETLAND PRESERVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $500,000 grant from Texas Parks and Wildlife Outdoor Recreation Program is appropriated in the No. 1067 Parks and Recreation grants fund to fund recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 3 , 2009 il� L isa Agu Interim City Attorney H:\LEG -D IR\Jeannie\Lisa \Ordinances- Resolutions \ORD- appr4&W- OsoBay.doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 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 Leal John Marez Nelda Martinez Mark Scott H:\ LEG- DIR\Jeannie\Lisa\Ordinances- Resolutions \ORD -apprVP8W- OsoBay.doc CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 17, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to accept a grant from Texas Parks and Wildlife Recreational Trails Program in the amount of $ 200,000 in the No. 1067 Parks and Recreation Grants Fund for construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve, with a $ 57,935 match from the Fund 3291 Parks & Recreation 09 GO CIP Fd (Bond 2008). B. Ordinance appropriating a $200,000 grant from Texas Parks and Wildlife Recreational Trails Program in the No. 1067 Park and Recreation Grants Fund to fund construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. ISSUE: The Oso Bay Learning Center and Wetland Preserve was developed as part of the Oso Creek and Oso Bay, Greenbelt, Parks & Trails System Master Plan through a Steering Committee composed of community members and partners. The Parks and Recreation Department is continuing to pursue grant funding to continue implementation of this project. REQUIRED COUNCIL ACTION: Authorization requested to accept and appropriate the $200,000 grant award from Texas Parks and Wildlife Department for a hiking /walking trail and related amenities in the amount of $257,935. PREVIOUS COUNCIL ACTION: The City Council authorized the submission for an recreational trails grant application to the Texas Parks and Wildlife Department in the amount of $200,000 on April 22, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to submit this grant application. rake Stacie Talbert, Interim Director Parks and Recreation StacietCa�cctexas. com 361- 826 -3464 Attachments: Background Information 3 BACKGROUND INFORMATION Council approved the Oso Creek -Oso Bay Greenbelt, Parks and Trails System Master Plan as part of the Parks, Recreation & Open Space Master Plan on August 22, 2006. On February 24, 2009, Council approved purchase of 48.91 acre tract of land situated in parts of Section 32 and 31 Flour Bluff and Encinal Farm and Garden Tracts, from the Coastal Bend Bays and Estuaries Program. On October 27, 2009 Council approved and appropriated GLO / Coastal Management Program Cycle #14 grant to fund $314,901 of the purchase price of this property. An estimate for the development of the Oso Bay Leaming Center and Wetland Preserve is $6,200,000 (see attached funding summary). $4,065,477 in funding has been identified through Bond 2008, Texas Parks and Wildlife grants, General Land Office / Coastal Management Program grant, Texas Commission on Environmental Quality Supplemental Environmental Project funds and a $5,000 donation from community partner Coastal Bend Bays and Estuaries Program. 4 Oso Bay Learning Center and Wetland Preserve FUNDING to Date TOTAL Bond 2008 $ 2,750,000 Community Enrichment Fund 4720 283,334 Grants Received: TPWD Outdoor 2009 500,000 TPWD Recreational Trails 2009 200,000 GLO / CMP Cycle #14 2009 314,901 TCEQ / SEP 12,242 Other artners: CBBEP (for Xeriscape at Learning Ctr) 5,000 Total Funding to Date $ 4,065,477 Total Project Estimate 6,200,000 Funds still needed (2,134,523) Future grant applications: TPWD Outdoor 2010 (to apply by 1/2010) 500,000 TPWD Indoor 2010 (to apply by 7/2010) 750,000 5 TEXAS PARKS AND WILDLIFE DEPARTMENT NATIONAL RECREATIONAL TRAILS FUND AGREEMENT This agreement between Texas Parks and Wildlife Department (hereinafter TPWD) and City of Corpus Christi (hereinafter Sponsor) for construction of a recreational trail in Nueces County, Texas is made under Texas Recreational Trails Fund. BACKGROUND The TPWD Recreational Trails Program, which administers the Texas Recreational Trails Fund (hereinafter TRTF) made available under the National Recreational Trails Act (hereinafter The Act), awards reimbursement -type grants to eligible public entities and private organizations to be used on trails and trail - related projects. To be eligible, the project must have been planned and developed under existing federal laws and state laws, and all related policies and administrative procedures; and The City of Corpus Christi, eligible under The Act, made a grant application for a suitable trail project and was awarded a TRTF grant. THEREFORE, for and in consideration of the mutual covenants and benefits hereof, TPWD and the Sponsor hereby agree as follows: TERMS Sponsor will conduct resource assessments, construct 0.75 miles +1- of recreational trail, bridge, overlook, benches, signing, picnic tables and purchase tools in the Oso Conservation Park in accordance with approved plan (hereinafter the Project) by August 31, 2012. While doing any work under the terms of this agreement, Sponsor will adhere to all requirements established for the National Recreational Trials Fund including those set out in Procedural Guidelines, Project Development and Grant Reimbursement Procedures, and Acquisition Project Procedures and by the signature of its authorized agent below asserts that it had read all of the foregoing requirements. The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex or disability. Further, it is agreed that no individual will be turned away or otherwise denied access to or benefit from any program or activity that is directly associated with a program on the basis of race, color, national origin, age, sex or disability. Sponsor will properly and adequately maintain the Project for at least 20 years so that it is available and safe for use by the public. 1 TPWD and Sponsor agree that the total cost of the Project is estimated to be Two Hundred Fifty Thousand Dollars ($250,000) and that reimbursement to Sponsor for work performed under this agreement will not exceed Eighty Percent (80 %) of the project cost up to the grant funds approved, Two Hundred Thousand Dollars ($200,000). Sponsor will be paid up to $200,000 after submitting acceptable billings to TPWD for approved work. Sponsor may begin site planning and resource assessment work after execution of this agreement. After the project is cleared of resource impacts, by TPWD and the Texas Historical Commission for potential impacts to cultural resources, the Sponsor will receive a notice to proceed with construction. Any construction activities conducted prior to receiving the notice to proceed, will not be eligible for reimbursement. This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature, or otherwise made available, to the Texas Parks and Wildlife Department. The performance period of this contract may be extended up to twelve months by mutual agreement of both parties. Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is include in any subcontract it awards. This agreement will be in effect on the last date of the signatures below. TEXAS PA LDLIFE DEPARTMENT CITY OF CORPUS CHRISTI Date: Date: %- /- d 7' Page 1 of 2 A RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM TEXAS PARKS AND WILDLIFE RECREATIONAL TRAILS PROGRAM IN THE AMOUNT OF $ 200,000 IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR CONSTRUCTION OF THE HIKING/WALKING TRAIL AS PART OF THE OSO BAY LEARNING CENTER AND WETLAND PRESERVE, WITH A $57,935 MATCH FROM THE FUND 3291 PARKS & RECREATION 09 GO CIP FD (BOND 2008). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $200,000 grant from Texas Parks and Wildlife Recreational Trails Program in the No. 1067 Parks and Recreation Grants Fund for construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve, with a $57,935 match from the Fund 3291 Parks and Recreation 09 GO CIP FD (Bond 2008). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: October 3 , 2009 Lisa Aguil Interim City Attorney HALEG- DIR\Jeannie\ Lisa\ Ordinances - Resolutions\ Res- authGa t oBay- hiking.docx Page 2of2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\LEG- DIRUeannie\ Lisa\ Ordinances - Resolutions \Res- authGrar OsoBay- hiking.docx Page 1 of 2 ORDINANCE ORDINANCE APPROPRIATING $200,000 GRANT FROM TEXAS PARKS AND WILDLIFE RECREATIONAL TRAILS PROGRAM IN THE NO. 1067 PARK AND RECREATION GRANTS FUND TO FUND CONSTRUCTION OF THE HIKING/WALKING TRAIL AS PART OF THE OSO BAY LEARNING CENTER AND WETLAND PRESERVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $200,000 grant from Texas Parks and Wildlife Recreational Trails Program is appropriated in the No. 1067 Parks and Recreation grants fund to fund construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October ;, 2009 Lisa Aguil. r Interim City Attorney H:\LEG- DIR\Jeannie\Lisa \Ordinances- Resolutions \ORD- apPgp soBay- hiking.doc Page 2of2 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, 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 Leal John Marez Nelda Martinez Mark Scott H ALEG- DIRUeann ie\Lisa \Ord finances- Resolutions \ORD- appra- NoBay- hiking.doc 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 17, 2009 AGENDA ITEM: a. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERAGENCY COOPERATION CONTRACT WITH THE TEXAS HISTORICAL COMMISSION FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2010 WHEREIN THE COMMISSION PROVIDES $30,000 TO FUND THE HIRING OF A PERSON TO CONDUCT A COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTIONS HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY. b. ORDINANCE APPROPRIATING $30,000 FROM THE TEXAS HISTORICAL COMMISSION IN THE NO. 1069 MUSEUM GRANTS FUND TO FUND THE HIRING OF A PERSON TO CONDUCT A COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTIONS HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; AND DECLARING AN EMERGENCY. ISSUE: The Corpus Christi Museum of Science and History is the marine archeological repository for the State of Texas including La Belle, one of the ships used by La Salle in the French attempt to establish a colony near Matagorda Bay in 1685. The artifacts recovered in the excavation of La Belle in 1996 -97 have been conserved at the Conservation Research Laboratory at Texas A & M University and transferred to the Museum's repository. A methodical and comprehensive re- inventory is needed to provide a complete and accurate count of the artifacts in database format. Thus, one of the most important marine archeological collections in the world can be made readily available to researchers and the public at the Museum and on the Museum web site. REQUIRED COUNCIL ACTION: Approve the ordinance and motion PREVIOUS COUNCIL ACTION: None FUNDING: $30,000 will be provided by the Texas Historical Commission for this project. CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve this resolution. Rick Stryker Museum Director 826 -4660 ricks@cctexas.com BACKGROUND INFORMATION The Corpus Christi Museum of Science and History is the marine archeological repository for the State of Texas. Two of the most important marine archeology collections in the world are housed at the Museum: San Esteban and Santa Maria de Yciar, Spanish ships that wrecked off Padre Island in 1554 and La Belle, La Salle's French ship that wrecked in Matagorda Bay in 1686. La Belle was discovered in Matagorda Bay by the Texas Historical Commission in 1995 and was excavated in 1996 -97. Extensive conservation of the artifacts recovered is required of artifacts from marine shipwrecks. The initial conservation work on the artifacts recovered during the test excavation in 1995 was done in the Corpus Christi Museum's conservation lab by Ships of Exploration and Discovery Research which maintains and operates the Museum's lab. Conservation on the bulk of the collection recovered in 1996- 97 has been ongoing at the Conservation Research Laboratory at Texas A & M University, College Station. This work is now complete. Based on an updated specimen inventory provided by the THC, a methodical and comprehensive re- inventory of the collections held at the Corpus Christi Museum is needed that will provide a complete and accurate count of the artifacts in database format. This entails ensuring that each artifact held in the collection correlates with an artifact described in the database. Additionally, counts provided in the existing databases are to be checked against the actual number of artifacts maintained in the collections. This work will be done under the supervision of the Museum's Collection Manager, Ashley Henderson by a person hired to specifically perform this work. Other related but separate projects are also in process. The ballast stones from the ship are being transported to the Museum this month. With funding by the Historical Commission, plans are being developed to create a monument incorporating the ballast stones as a memorial to the French colonists. Matching funding is also available to the Museum for improvements to collection storage for the collection and other projects intended to improve access to the collection and the story of La Salle in South Texas. The Friends of the Museum are working to match this money through the solicitation of grant funding. The Museum has an exhibit based on the La Belle collection and the story of La Salle in South Texas. This is one of a series of La Salle Odyssey exhibits in Museums along the Coastal Bend. La Salle Odyssey is a collaborative venture of museums in seven Texas Gulf Coast communities — Bay City, Corpus Christi, Edna, Palacios, Port Lavaca, Rockport, and Victoria. Each museum tells a unique piece of the story of La Salle's journey to Texas, and together, they are an examination of an expedition that was filled with tribulation, ending in disaster and death. The Corpus Christi Museum's exhibit theme is the "making of an expedition." La Salle was an adventurer with a proven track record of success in New World exploration and trade with an ambition that motivated him to undertake high risk ventures. The artifacts recovered by the Texas Historical Commission from the wreck of La Salle's ship La Belle testify to the sober reality of this story. _82_ TEXAS HISTORICAL COMMISSION real places telling real stories CONTRACT #808 -10 -0018 STATE OF TEXAS COUNTY OF TRAVIS INTERAGENCY COOPERATION CONTRACT THIS CONTRACT is entered into by and between the State agencies shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of The Interagency Cooperation Act, Texas Government Code, Section 771.001 et sect. I. Contracting Parties: The Performing Agency: The Receiving Agency:Texas Corpus Christi Museum of Science and History 1900 North Chaparral Street Corpus Christi, Texas 78401 Historical Commission Archeology Division P.O. Box 12276 Austin, TX 78711 -2276 II. Statement of Services to be Performed: The performing agency shall conduct a complete re- inventory of the La Belle artifact collections held at the Corpus Christi Museum of Science and History that will result in a complete and accurate count of the artifacts and a revised artifact database. The scope of those services are more fully set forth in the document titled, Statement of Services to be Performed, attached hereto as "Exhibit A." III. Representation: The person or persons performing this contract do not represent the Receiving Agency. The person or persons performing this contract may not represent themselves to the public that he or she acts on behalf of the Receiving Agency. IV. Contract Amount: The total amount of this Contract will not exceed $30,000 (THIRTY THOUSAND DOLLARS AND NO /100). V. Payment for Services: The Receiving Agency shall pay for services received based upon interagency transfer vouchers electronically submitted to the Receiving Agency by the Performing Agency monthly for services provided by the Performing Agency. Payments received by the Performing Agency shall be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made. RICK PERRY, GOVERNOR • JON T. HANSEN, CARMAN • MARK WOLFE, EXECUTIVE DIRECTOR P n any 1 9978 • AIIQTIPI TGYAQ • 7R711_997R • P 519 4R3 R1nn • F 519 475 4R79 • Toil 1 Rnn 715 MN • www the stata._tX.IJS 808 -10 -0018 Page 2 of 4 VI. Term of Contract: This contract shall begin on January 1.2010, after being signed by Receiving Agency, after first having been signed by Performing Agency, and will terminate on December 31. 2010. Upon 30 days prior notice, Receiving Agency may elect to cancel this contract at any time. The parties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. VII. Nondisclosure Agreement It is agreed by both parties to this Agreement that any confidentiality limitations are subject to the Public Information Act under Texas Government Code Chp. 552. Because of the nature of the archaeological information about specific site locations that the Performing Agency may obtain, including all information gathered, produced, derived, reviewed, analyzed, or controlled by Performing Agency in providing services under this Contract, the Performing Agency agrees that it will not divulge any information unless the Receiving Agency has given its express, prior, written consent to such disclosure, which consent must specifically identify the information that can be disclosed by the Performing Agency. The Performing Agency acknowledges that it is entering into a Nondisclosure Agreement with the Receiving Agency, and the Performing Agency further acknowledges the restrictions and obligations imposed there under. The foregoing shall not prohibit or limit Performing Agency's use of information (including, but not limited to,- ideas, concepts, know -how, techniques, methodologies, conservation methodologies, and analyses) (a) previously known to it, (b) independently developed by it, or acquired by it from a third party, or (d) that is or becomes part of the public domain through no breach by the Performing Agency of this Agreement. All records, files, color slides, negatives, digital images, computer files, and reports will be turned over to the Texas Historical Commission. The Performing Agency is authorized to make duplicate copies of relevant slides, negatives, reports, and computer files for educational purposes. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the effected agencies of State Government; (2) the proposed arrangements serve the interest of efficient and economical administration of State Government; and (3) the services, supplies, or materials contracted for are not required by Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the lowest responsible bidder. 808 -10 -0018 Page 3 of 4 RECEIVING AGENCY further certifies that it has the authority to contract for the above services by authority granted in Texas Government Code sec 442.005, the Interagency Cooperation Act, Texas Government Code, sec 771.001, et seq., and the current General Appropriations Act. PERFORMING AGENCY further certifies that it has the authority to perform the services contracted by authority granted in Chapter 82, Texas Education Code, the Interagency Cooperation Act, Texas Government Code, sec. 771.001, et seq., and the current General Appropriations Act. PERFORMING AGENCY City of Corpus Christi By: CONCUR: Angel R. Escobar. Rick Stryker. Director City Manager Museum of Science and History Date RECEIVING AGENCY Texas Historical Commission By: Mark Wolfe. Executive Director Date: APPROVED AS TO LEGAL FORM By: Joe H. Thrash, Assistant Attorney General ` - • , C Assistant-ity A rrnrne Date: Date: 0-et 30, �� 808- 10-0018 Page 4 of 4 EXHIBIT A Statement of Services to be Performed The Performing Agency shall perform those services as outlined below. 1. Re- inventory collections held at CCM. Based on an updated specimen inventory provided by the THC, a methodical and comprehensive re- inventory of the collections held at CCM is expected that will provide a complete and accurate count of the artifacts in database format. This entails ensuring that each artifacts) held in the collection correlates with an artifact(s) described in the database. Additionally, counts provided in the existing databases are to be checked against the actual number of artifacts maintained in the collections. This may involve the splitting of groups of artifacts held in common bags into individual items as necessary. If discrepancies are noted in the course of the re- inventory a record will be made using standardized forms provided by the THC. If the problem cannot be resolved by the Performing Agency a record is requested and the issue will be resolved in collaboration with THC personnel. 2. Replace existing artifact tags with tags provided by THC. These tags are to be placed with their accompanying artifact(s) and enclosed within a sealable 2 -mil poly- bag (to be provided by THC). 3. Repackage artifacts as necessary. This entails placing artifacts in appropriate acid -free containers or 4 -mill poly -bags within the appropriate cabinets. 4. Label all pertinent artifacts using the following general parameters and record in provided database the labeling status of artifacts within the collection. All artifacts larger than a quarter and not made of wood or other easily damaged material (i.e. textiles or organic samples) should be labeled using acid free archival ink (black or white as appropriate) placed between layers of acryloid B -72 or printed archival labels applied between layers of acryloid B -72. Labels should include the site trinomial (41MG86) and the full Artifact Identification number; if necessary, only the artifact identification number may be applied. Example: 41MG86 778 -1.7 5. Identify objects in need of conservation treatment. During the course of the re- inventory, condition reports should be prepared for artifacts appearing to be in need of conservation treatment. 6. Update a copy of the provided database with correct information regularly throughout the course of work. 7. Provide monthly progress reports consisting of the updated database file and copies of condition reports including photographs of artifacts that appear to be in need of conservation treatment. Page 1 of 1 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERAGENCY COOPERATION CONTRACT WITH THE TEXAS HISTORICAL COMMISSION FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2010 WHEREIN THE COMMISSION PROVIDES $30,000 TO FUND THE HIRING OF A PERSON TO CONDUCT A COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTIONS HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute an Interagency Cooperation Contract with the Texas Historical Commission for the period January 1 through December 31, 2010 wherein the Commission provides $30,000 to fund the hiring of a person to conduct a complete reinventory of the La Belle artifact collections held at the Corpus Christi Museum of Science and History. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: November 10, 2009 Lisa Aguil Interim Citj#ttorney H:\LEG-DIR \Lisa\2009 Resolutions \Res -Auth Texas Histo914ommission.doc Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $30,000 FROM THE TEXAS HISTORICAL COMMISSION IN THE NO. 1069 MUSEUM GRANTS FUND TO FUND THE HIRING OF A PERSON TO CONDUCT A COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTIONS HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 is appropriated from the Texas Historical Commission in the No. 1069 Museum Grants Fund to fund the hiring of a person to conduct a complete reinventory of the La Belle Artifact collections held at the Corpus Christi Museum of Science and History. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 5, 2009 Lisa Aguil Interim Ciy Attorney 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 emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —90— 2 8 AGENDA MEMORANDUM City Council Action Date: November 17, 2009 SUBJECT: ADA Master Plan (BOND ISSUE 2008) Project No. 6485 / CIP No. Bond ST 01 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $370,410 for the ADA Master Plan. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. It consists of the development of the City of Corpus Christi Americans with Disabilities Act (ADA) Master Plan for the long -range planning, prioritization, construction and maintenance of future pedestrian infrastructure improvements within the city's street rights -of -way. FUNDING: Funding is available from the FY 2009 Streets Capital Improvement Budget and the Community Development Block Grant Program. RECOMMENDATION: Staff recommends approval of the motion as presented. 1144.(+ Danief,Gallegos Community Development Administrator 361/826-3017 danielo acctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map HAHOMBRachelle\GEN1Streets16485 -ADA Master Plan\Agenda Memo.doc —93— Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean(a)cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: ADA Master Plan (BOND ISSUE 2008) Project No. 6485 / CIP No. Bond ST 01 PROJECT DESCRIPTION: This project is for the Tong -range planning, prioritization, construction, and maintenance of pedestrian infrastructure, specifically to review and make recommendations to the City of Corpus Christi regarding existing ADA Transition Plans for the street rights -of -way. This will involve developing a Pedestrian Infrastructure Inventory and overall assessment with a GIS -based tool. The plan will include an implementation schedule with proposed funding and prioritization requirements. The planning will also provide the opportunity for input from public stake holders, including members of the disabled community and the general public. CONTRACT DESCRIPTION: The consultant, LNV Engineering, will provide professional services for the coordination with City staff for developing the ADA Master Plan. LNV Engineering will review the City's current ADA Transition Plan along with the current inventory of compliant and non - compliant pedestrian infrastructure. LNV will then conduct their own inventory of pedestrian infrastructure within street rights -of -way throughout the city. LNV will also review current citizen complaint data on existing ADA infrastructure and consult with the Committee for Persons with Disabilities to identify the immediate citizen concerns. After sufficient data is obtained, LNV will develop a prioritized list of required ADA infrastructure improvements and estimate construction costs associated with the improvements for funding purposes. In conjunction with City personnel, LNV will determine a yearly construction budget that the City is capable of funding through the four -year bond issue program. Once the final ADA Master Plan is widely accepted by the majority of stakeholders, LNV will incorporate the ADA infrastructure data into the City's Geographic Information System (GIS) to include existing condition, proposed improvements, and expected date of completion of the improvements. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H:IHOME\Rachelle\GEMStreels16485 -ADA Master Plan.Agenda Background.doc_ 9 4— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: ADA Master Plan (BOND ISSUE 2008) Project No. 6485 / CIP No. Bond ST 01 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. May 29, 2009 - Distribution of Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 190 engineering firms (77 local and 113 non - local). 2. June 22, 2009 — Addendum No. 1 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 190 engineering firms (77 local and 113 non - local). 3. June 29, 2009 — Addendum No. 2 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 190 engineering firms (77 local and 113 non - local). —95— H :\HOME\Rachelle\GEMStreets\6485 -ADA Master Plan \Prior Project Actions doc CONTRACT SUMMARY 1. SUBJECT: ADA Master Plan (BOND ISSUE 2008) Project No. 6485 / CIP No. Bond ST 01 This project consists of the development of the City of Corpus Christi ADA Master Plan for the Tong -range planning, prioritization, construction, and maintenance of future pedestrian infrastructure improvements within the City's street rights -of -way. The plan will include an implementation schedule with proposed funding and prioritization requirements. The final plan will be incorporated into the City's GIS. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Monday November 23, 2009 Begin Master Plan Phase Monday March 29, 2010 Interim Submittal Monday April 12, 2010 City Review Monday July 5, 2010 Pre -Final Submittal Monday July 19, 2010 City Review Monday August 2, 2010 Final Submittal 4. FEES HAHOME Rachelle\GEMStreets16485 -ADA Master Plan\Contract Summary.doc — 96_ CDBG Funds CIP Funds TOTAL Fee for Basic Services 1. Master Plan Phase $175,375 $195,035 $370,410 Subtotal Basic Services $175,375 $195,035 $370,410 Fee for Additional Services 1. Permitting TBD 2. ROW Acquisition Survey TBD 3. Topographic Survey TBD Subtotal Additional Services TBD Total Authorized Fee $175,375 $195,035 $370,410 HAHOME Rachelle\GEMStreets16485 -ADA Master Plan\Contract Summary.doc — 96_ \ Mproject \councilexhibits \exh6485. dwg CORPUS c LRISTI BAY NOTE: CITY WIDE PROGRAM PROJECT #6485 LOCATION MAP NOT TO SCALE EXHIBIT "D" ADA MASTER PLAN -97- ■ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/20/2009 iiiiiii M=V MIN MIN' NM OW - 9 AGENDA MEMORANDUM DATE: November 17, 2009 SUBJECT: ADA Improvements (BOND ISSUE 2008) Group 1 (Project No. E09050) Group 2 (Project No. E09051) CIP No. Bond 2008 ST 01 AGENDA ITEM: A. Ordinance appropriating $528,500 from ADA Lawsuit Settlement Proceeds into the No. 3530 Street Capital Improvements Program Fund for the ADA Improvements Group 1 Project No. E09050 and for other ADA Improvement Projects; declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Goldston Engineering, a CH2M Hill Company from Corpus Christi, Texas in the amount of $326,715, for design, bid, and construction phase services for ADA Improvements Group 1 BOND ISSUE 2008. C. Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering from Corpus Christi, Texas in the amount of $353,608, for design, bid, and construction phase services for ADA Improvements Group 2 BOND ISSUE 2008. ISSUE: A portion of this project is part of the Bond Issue 2008 Package under Proposition No. 1 Street Improvements which was approved November 4, 2008. The curb ramp locations selected were prioritized by the Americans with Disabilities (ADA) Transition Plan approved by City Council as well as by a supplemental list of priority locations presented by the Mayor's Committee for Persons with Disabilities in April 2007. The remaining portion of this project is required to fulfill the City's obligation as per a Release and Settlement Agreement for Civil Action No. 2:08 -cv -247 which requires that curb ramps be installed at the designated locations within 24 months of the date of execution of the agreement. A contract for professional services is required to complete the design phase, bid phase, and construction phase for all portions of the project; and requires City Council approval. FUNDING: Funding is available from the 2009 Capital Budget and Capital Improvement Planning Guide, Community Development Block Grant Program (CDBG), and from the Release and Settlement Agreement for Civil Action No. 2:08 -cv -247. RECOMMENDATION: Staff recommends approval of the Motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P. E., Director of Engineering Services 826 -3781 peteanacctexas. com —1 01 — BACKGROUND INFORMATION SUBJECT: ADA Improvements (BOND ISSUE 2008) Group 1 (Project No. E09050) Group 2 (Project No. E09051) CIP No. Bond 2008 ST 01 PROJECT DESCRIPTION: ADA Improvements Group 1 will consist of the investigation, recommendation and design of 479 curb ramps which includes 192 curb ramps which are part of a Release and Settlement Agreement for Civil Action No. 2:08 -cv -247. The remaining 287 curb ramp designs are being funded by a 50/50 matching CDBG grant. The 287 CDBG curb ramps are listed in Americans with Disabilities (ADA) transition plan approved by the City Council and a supplemental list of priority locations presented by the Mayor's Committee for Persons with Disabilities in April 2007. ADA Improvements Group 2 will consist of the investigation, recommendation and design of 290 curb ramps which are listed in the American with Disabilities (ADA) transition plan approved by the City Council and a supplemental list of priority locations presented by the Mayor's Committee for Persons with Disabilities in April 2007. This project also includes the design of 33 RTA bus stop landing pads and associated curb ramps and accessible routes which are being funded by a 20/20/60 matching CDBG /RTA /City grant. CONTRACT DESCRIPTION: The consultant, Goldston Engineering, a CH2M Hill Company and Maverick Engineering will provide professional services for the coordination with City staff for preliminary design phase, final design phase, bid phase, construction documents, and construction phase described further below: BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES 1. Permitting 2. Right -of -Way (ROW) Acquisition Survey 3. Topographic Survey 4. Construction Observation Services Work will not begin on Additional Services until requested by the A/E, and written authorization is provided by the Director Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. 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. EXHIBIT "A" Page 1 of 1 H: \HOME\VelmaP \GEN \STREET\6462 ADA IMPS BOND ISSUE 2008\GOLDSTQNINE RING E09050\AGENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: ADA Improvements (BOND ISSUE 2008) Group 1 (Project No. E09050) Group 2 (Project No. E09051) CIP No. Bond 2008 ST 01 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. May 29, 2009 - Distribution of Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). 2. June 22, 2009 — Addendum No. 1 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). 3. June 29, 2009 — Addendum No. 2 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). —103— EXHIBIT "B" Page 1 of 1 H:1HOME1VeImaP1GEMSTREET16462 ADA IMPS BOND ISSUE 20081GOLDSTON ENGINEERING E0905O AGENDA4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: ADA Improvements (BOND ISSUE 2008) Group 1 (Project No. E09050) Group 2 (Project No. E09051) CIP No. Bond 2008 ST 01 1. SCOPE OF PROJECT ADA Improvements Group 1 (Project No. E09050) - ADA Improvements Group 1 will consist of the investigation, recommendation and design of 479 curb ramps which includes 192 curb ramps which are part of a Release and Settlement Agreement for Civil Action No. 2:08 -cv -247. The remaining 287 curb ramp designs are being funded by a 50/50 matching CDBG grant. The 287 CDBG curb ramps are listed in Americans with Disabilities (ADA) transition plan approved by the City Council and a supplemental list of priority locations presented by the Mayor's Committee for Persons with Disabilities in April 2007. ADA Improvements Group 2 (Project No. E09051) - ADA Improvements Group 2 will consist of the investigation, recommendation and design of 290 curb ramps which are listed in the American with Disabilities (ADA) transition plan approved by the City Council and a supplemental list of priority locations presented by the Mayor's Committee for Persons with Disabilities in April 2007. This project also includes the design of 33 RTA bus stop landing pads and associated curb ramps and accessible routes which are being funded by a 20/20/60 matching CDBG /RTA/City grant. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. —104— EXHIBIT "C" Page 1 of 3 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE - GROUP 1 DATE ACTIVITY November 17, 2009 Notice to Proceed March 22, 2010 Preliminary Phase /Letter Report April 26, 2010 Begin Design Phase July 6, 2010 Pre -Final Submittal August 2, 2010 Final Design August 13, 2010 Advertise for Bids August 26, 2010 Pre -Bid Conference September 1, 2010 Receive Bids November 15, 2010 Begin Construction July 2011 Construction Completion PROPOSED PROJECT SCHEDULE - GROUP 2 DATE ACTIVITY November 17, 2009 Begin Preliminary Phase January 22, 2010 Preliminary Report Draft Submission (30% Design) February 5, 2010 City Review February 26, 2010 Engineering Letter of Report Final Submission July 9, 2010 Pre -Final Design Submission July 23, 2010 City Review August 6, 2010 Final Design Submission August 18, 2010 Advertise for Bids September 8, 2010 Pre -Bid Conference September 22, 2010 Receive Bids December 8, 2010 Begin Construction July 2011 Construction Complete —105— H: \HOME\VeImaP1GEN \STREET\6462 ADA IMPS BOND ISSUE 20081GOLDSTON ENGINEERING E09050\AGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 3 4. SUMMARY OF FEES ADA IMPROVEMENTS GROUP 1 (PROJECT NO. E09050 The estimated construction cost for ADA Improvements Group 1 BOND ISSUE 2008 is $1,396,375. The total basic services fee proposal for this project is $202,115. Therefore, the percentage of design cost to construction cost is 14.47 %. ADA IMPROVEMENTS GROUP 2 (PROJECT NO. E09051 CDBG Settlement Agreement BI 2008 TOTAL BASIC SERVICES 1 Preliminary Design Phase 1 Preliminary Design Phase $3,937.40 $39,374.00 $55,123.60 $98,435.00 2 Design Phase 3,138.40 31,384.00 43,937.60 78,460.00 3 Bid Phase 128.00 1,280.00 1,792.00 3,200.00 4 Construction Phase 880.80 8,808.00 12,331.20 22,020.00 Subtotal of Basic Services 8,084.60 80,846.00 113,184.40 202,115.00 1 Permitting 900.72 2,435.28 ADDITIONAL SERVICES 2 ROW /Survey Acquisition 4,881.60 13,198.40 1 Survey Topographic Services (Authorized) 2,920.00 29,200.00 40,880.00 73,000.00 2 Survey ROW Acquisition Services 336.00 3,360.00 4,704.00 8,400.00 3 Permitting (Authorized) 96.00 960.00 1,344.00 2,400.00 4 Construction Observation (Allowance) 1,632.00 16,320.00 22,848.00 40,800.00 Subtotal of Additional Services 4,984.00 49,840.00 69,776.00 124,600.00 TOTAL AUTHORIZED FEE $13,068.60 $130,686.00 $182,960.40 $326,715.00 The estimated construction cost for ADA Improvements Group 1 BOND ISSUE 2008 is $1,396,375. The total basic services fee proposal for this project is $202,115. Therefore, the percentage of design cost to construction cost is 14.47 %. ADA IMPROVEMENTS GROUP 2 (PROJECT NO. E09051 The estimated construction cost for ADA Improvements Group 2 BOND ISSUE 2008 is $1,400,000. The total basic services fee proposal for this project is $184,662. Therefore, the percentage of design cost to construction cost is 13.19 %. —106— EXHIBIT "C" Page 3 of 3 CDBG BI2008 TOTAL BASIC SERVICES 1 Preliminary Design Phase $13,592.34 $36,749.66 $50,342.00 2 Design Phase 24,072.12 65,083.88 89,156.00 3 Bid Phase 2,842.56 7,685.44 10,528.00 4 Construction Phase 9,351.72 25,284.28 34,636.00 Subtotal of Basic Services 49,858.74 134,803.26 184,662.00 j ADDITIONAL SERVICES 1 Permitting 900.72 2,435.28 3,336.00 2 ROW /Survey Acquisition 4,881.60 13,198.40 18,080.00 3 Topographic Survey 21,883.50 59,166.50 81,050.00 4 Construction Observation Services 17,949.60 48,530.40 66,480.00 Subtotal of Additional Services 45,615.42 123,330.58 168,946.00 1 TOTAL AUTHORIZED FEE $95,474.16 $258,133.84 $353,608.00 The estimated construction cost for ADA Improvements Group 2 BOND ISSUE 2008 is $1,400,000. The total basic services fee proposal for this project is $184,662. Therefore, the percentage of design cost to construction cost is 13.19 %. —106— EXHIBIT "C" Page 3 of 3 \Mproject \councilexhibits \exhE9050.dwg N S RIVER �f Z HWY RD PROJECT SITE Chapparral from Brewster St. to Hughes St. SV'iIECES Ray ,c5m J`' to Buford St. PROJECT SITE 19th near Memorial Hospital IIw i , U r AG = 11,411* ��ilyhL'ti1�� PROJECT SITE intersection of Agnes 45th St. PROJECT SITE Morgan from Ocean Drive to Baldwin PROJECT SITE Baldwin from CrossTown Exp. to Staples St. CORPUS 'c&rsil BAy PROJECT SITE - Port Ave. from Agnes to _ Ayers •� � PROJECT SITE Texan Trail from Staples ' `,' � �� to Santa Fe �� F PROJECT SITE .�� Gollihar from Staples to 411-m Lum Ave. • 'QVS,�IS ,4 F.M. 43 1� PROJECT SITE Williams Dr. from Everhart to Airline Rd. AS PROJECT #E09050 FM 2444 1v* PROJECT SITE McArdle from Holmes Dr. to Whitaker Dr. LOCATION MAP NOT TO SCALE Crep EXHIBIT "D" ADA IMPROVEMENTS GROUP 1 (BOND ISSUE 2004 07- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 11/04/2009 NW NM w.i \ Mproject \councilexhibits \exhE9051. dwg EKES RIVER PROJECT SITE N. Ta nchua rom Power f P St. to I -37 RD ce HWY 44 A1- w° CCIA PROJECT SITE Morgan Adult Ed Center (Balboa & Airport) H 7 may r JS 411WIcw rIr4s 1:40„4 4J PROJECT SITE Mesquite from Lower Broadway to Brewster PROJECT SITE Shoreline near Spohn Hospital CORPUS C rs :B y PROJECT SITE Ayers St. from Santa Fe St. to Staples ® Six Points PROJECT SITE Staples Street from Louisiana to Gollihar PROJECT SITE Ayers St. SPID to Gollihar F.M. 43 N A S FM 2444 7„ Oso LAGUNA ALADRE • — RTA BUS STOP LANDING PAD, ACCESSIBILITY & CURB RAMPS, WITH MATCHING RTA FUNDING PROJECT #E09051 LOCATION MAP NOT TO SCALE EXHIBIT "Da ADA IMPROVEMENTS GROUP 2 (BOND ISSUE 2008)08_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 11/04/2009 W NW MO O W Ma INR OMB Page 1 of 2 ORDINANCE APPROPRIATING $528,500 FROM ADA LAWSUIT SETTLEMENT PROCEEDS INTO THE NO. 3530 STREET CAPITAL IMPROVEMENTS PROGRAM FUND FOR THE ADA IMPROVEMENTS GROUP 1 PROJECT NO. E09050 AND FOR OTHER ADA IMPROVEMENT PROJECTS; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $528,500 from ADA lawsuit settlement proceeds is appropriated into the No. 3530 Street Capital Improvements Program Fund for ADA Improvements Group 1 Project No. E09050, and for other ADA improvement projects. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 17th of November, 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: 11- Nov -09 By:NiVAL Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H:\LEG- DIR \Veronica0 \1.ENG \1 AGENDA IT Eidl'M 141709 \111709 ORD Approp ADA Imprvmts 1 Project.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR\VeronicaO \1.ENG \1 AGENDA IT OG111;411709 \111709 ORD Approp ADA Imprvmts 1 Project.doc 10 AGENDA MEMORANDUM City Council Action Date: November 17, 2009 SUBJECT: Kennedy Causeway Lift Station Replacement Project No. 72371 CIP No, WW 27 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction of Corpus Christi, Texas, in the amount of $895,317 for the Kennedy Causeway Lift Station Replacement project for the total base bid. ISSUE: This project provides for the critical replacement of the Kennedy Causeway Lift Station and Force Main, which are at the end of their useful service life. The existing lift station was constructed in 1981 and is experiencing failures and service degradation. The project will replace the existing lift station, upgrade the electrical controls and distribution with new SCADA system, provide a portable trailer- mounted generator, lighting, and demolition of existing public restroom building. The project also provides a new 6" force main discharge (4,217 LF) in lieu of the existing 4" force main to increase the lift station's capacity. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 826 -1801 fostercaa,cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "0" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean a(�.cctexas.com H WOUEViadwB .tCEMWauewsN117237•1Cerwtly Cau owsy LSCemtruchatMgenda Memadoe AGENDA BACKGROUND INFORMATION SUBJECT: Kennedy Causeway Lift Station Replacement Project No. 7237 / CIP No. WW 27 PROJECT DESCRIPTION: This project consists of the construction of a new lift station with fiberglass wet well and all new pumps and appurtenances, including 3,376 linear feet of 6" PVC force main (trenched) with appurtenances; 895 linear feet of 6" HDPE force main (bored); 62 linear feet of 4" PVC force main; and removal of 69 linear feet of existing 4" force main. It also includes replacement of the existing wastewater manhole at the end of the 6" force main with a new 4' diameter fiberglass manhole including reconnection of existing incoming wastewater lines, demolition of the existing lift station and replacement with a 5' diameter fiberglass manhole, 8" gravity line connecting 5' diameter manhole (old lift station) with new lift station, signage, chain Zink fence, chain link gates, perimeter wooden bollards, trench safety, by -pass pumping, asphalt and concrete pavement repair. The project will also entail removal and replacement of the existing timber fence, portable trailer- mounted generator, lighting, electrical controls and distribution, SCADA system and demolition and haul off of existing public restroom building, in accordance with the plans, specifications and contract documents. This project is located approximately under the Kennedy Causeway Bridge within Texas Department of Transportation (TxDOT) right -of -way and was coordinated with TxDOT, U.S. Army Corps of Engineers, Texas Land Office, and local businesses for the proposed lift station work and demolition of the existing public restroom. BID INFORMATION: On October 28, 2009, the City received proposals from three (3) bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $625,667.61 to $1,517,237.86 for the total base bid. The estimated cost of construction is $1,204,248. The low bid from Palacios Marine was determined to be "Non- Responsive" due to improper submission of the bid bond and failure to use the revised proposal form required under Addendum No. 1. Therefore, City staff and the consultant, RVE, Inc., are recommending that the contract be awarded to Jhabores Construction of Corpus Christi, Texas, in the amount of $895,317 for the Kennedy Causeway Lift Station Replacement for the total base bid. CONTRACT TERMS: The project is estimated to require 120 calendar days, with completion anticipated in June 2010. PROJECT BACKGROUND: This project was programmed as part of the Capital Improvement Program to replace the Kennedy Causeway Lift Station and upgrade the wastewater force main. The existing lift station was originally constructed in 1981 and is beyond its design lifecycle. The lift station is located approximately under the Kennedy Causeway Bridge within the TxDOT right -of -way adjacent to the public restroom that was previously closed due to significant maintenance problems and vandalism. H: IHOME1RaehellelGEN \Wastewater17237- Kennedy Causeway LS1Construction4Ag4nla 4aehground 1.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Kennedy Causeway Lift Station Replacement Project No. 7237 / CIP No. WW 27 PRIOR COUNCIL ACTION: 1. February 18, 2003 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas, in the amount of $126,570 for the Kennedy Causeway Lift Station and Force Main Rehabilitation. (Motion No. 2003 -067) 2. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 3. January 20, 2009 - Motion authorizing the City Manager or his designee to execute a construction contract with J.S. Haren Co. of Athens, Tennessee, in the amount of $234,050 for the Lift Station Improvements Project — Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park and Weber's Glen (Project No. 7406) for interim rehabilitation of the existing wet well at the Kennedy Causeway Lift Station and other projects. (Motion No. 2009 -013) PRIOR ADMINISTRATIVE ACTION: 1. October 1, 2003 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $2,646 for a total restated fee of $129,216 for the Kennedy Causeway Lift Station and Force Main Rehabilitation for confined space entry training fees. 2. December 29, 2003 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. in the amount of $14,020 for a total restated fee of $143,236 for the Kennedy Causeway Lift Station and Force Main Rehabilitation for wet well inspection costs. 3. March 21, 2005 — Administrative approval of a Geotechnical Testing Services Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $1,600 for the Kennedy Causeway Lift Station and Force Main Rehabilitation. 4. April 21, 2008 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $26,955 for Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North Beach "D" Lift Station (this contract also included the design for improvements to Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park and Weber's Glen). 5. August 29, 2009 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with RVE, Inc. in the amount of $20,700 for a total restated fee of $163,936 for the Kennedy Causeway Lift Station Replacement for permitting and to update the plans, specifications and bid documents. —115- H:HOME 'RachelIe\GEMWastewater17237- Kennedy Causeway LS1Construction1Prior Project Actions.doc —116 9 EXHIBIT "C" 1 TOTAL I) no�rc � '� C L `a; I � O C N Na co 64 0 0 O O M G9 O 0 O r V3 O 0 0 O r 64 O 0 O to M 69 - oo 0 O O O W oo o N O r T 64 $ 321.78 II O 0 f0 F co co N O t� n O co. N. ffT $ 32,998.92 -. r O 0 fll v M co O N 69 $ 4,565.00 0 $ 8,744.54 0 O 0 O o mi. d9 co M co (0 fR ' ; � 1 $ 8,24. F12001 O 00 o ri 69 0 0o to r 64 0 O0 o r 64 0 00 to ri 69 $ 25,000.00 0 N m N 0)) `n Vi 00 ° EH $ 85.00 $ 75.34 0 n 0 tD 64 $ 7,063.45 $ 1,141.25 $ 1,249.22I °o oo o ,-- cy U) co v p 64 SLC Construction 1165 Rodeo Dr. Aransas Pass, TX 78336 1 TOTAL PRICF I 0 0 0 OO oi 69 0 0 ri t+9 O 0 too cD 69 0 O V0. co V► $ 29,900.00 I O O O N 64 $ 413,400.00 II CO 0 W 0 N 64 CO 0 N t00 /M $ 114,023.00 II O 00 c00_ c00 fA 00'080'91 $ $ 13,390.00 $ 925.60 $ 2,802.80 II O 00' co r GH N to M r 64 I UNIT PRICE O o O ■ C) o 64 O 00 64 O too 0 64 O 000 v N 64 O CO D_ W N 64 0 00 .- 64 $413,400.00 $ 43.68 $ 127.40 $ 138.58 O _ 0 � 64 O co M 1 69 $ 231.40 $ 400.40 $ 650.00 I 0 0 t0 coN. 64 Jhabores Construction PO Box 60089 Corpus Christi, TX 78466 l TOTAL PRICE .y - $ 32,299.00 0 0 0 o M 64 0 0 0 N. N. 64 0 0 o N Ti 64 0 0 ri co Ni 64 $ 26,624.00 0 0 o O to CV 64 0 0 aD Or N 64 $ 84,400.00 0 O 0 O 00 co fA $ 23,652.00I 0 O 0 i C 69 0 0 0 O C.6 64 $ 1,824.00 I 0 0 Ci Or t cA 0 o o O c.4 (A 0 O 0 cD (ry DESCRIPTION UNIT 1111 PRICE 0 O M 64 $ 7,570.00 00 O O N a 64 00 C) r EA $ 13,312.00 $125,000.00 $ 34.00 00 N U3 0 co O fA $ 54.00 00 O 4.0 � E9 00 O tt] 64 $ 456.00 $ 587.00 O O O r 64 00 co to (4 KENNEDY CAUSEWAY LIFT STATION REPLACEMENT CITY PROJECT NO. 7237 'General / Bonds / Mobilization, complete and in place per Lump Sum. J Temporary Traffic Controls, complete and in place per Lump Sum. Stormwater Pollution Prevention Plan, complete and in place per Lump Sum. Exploratory Excavation, complete and in place per Lump Sum. Demolition of Existing Lift Station, complete and in place per Lump Sum. Wet Well Excavation Safety, complete and in place per Each. New Lift Station, complete and in place per Lump Sum. 4" PVC Forcemain, complete and in place per Linear Feet. 6" PVC Forcemain, complete and in place per Linear Feet. 6" HDPE Forcemain (Bored), complete and in place per Linear Feet. C.I.P.P. Repair of Existing 8" VCP Wastewater Lines, complete and in place per Linear Feet. Remove Existing 4' Diam. Manhole and Replace with New 4' Diam. Fiberglass Manhole - Including Reconnections, complete and in place per Lump Sum. Install 5' Diam. Fiberglass Manhole Inside Existing Lift Station, complete and in place per Lump Sum. Extra Depth for 4' Diam. Manholes, complete and in place per Vertical Feet. Extra Depth for 5' Diam. Manholes, complete and in place per Vertical Feet. Fiberglass Manhole Excavation Safety, complete and in place per Each. 2" Air Release Valve with Manhole, complete and in place per Each. , ". " fq Cl) J U) J U) J CD J Q W CD J LL J LL J LL J LL J to J CD J LL > LL > Q W r r r r ,- N CV N CD 3376 895 438 r r N. N F r Q N < M < st < o < 0 < r < 00 < O) < 0 < _ Q N Q M Q st Q to Q c0 Q —116 9 EXHIBIT "C" 1 m a m Palacios Marine PO Box 875 Palacios, TX 77465 ) ) ((Y O a) O 69 $ 2,646.00 $ 11,214.00 0) Co) C 69 O O 4 69 $ 275.94 II O 'V' 0 O f9 $ 27,302.40 II O O O r V1 O (D co CO 69 O O W a fR $ 5,940.00 II O O 0 co vi O 0 00)) d9 $ 5,446.00 II O pp {y $ 27,225.00 NO BID NO BID $ 520,187.53 $ 5,979.50 $ 1,323.00 O N 69 II $ 58.55 o o N 69 (O () (9 $ 2.75 00) r 64 o o ,0 N 69 o 40 /9 (0a r 69 o co f9 I$ 27.50 0 C) 0) 64 I $ 194.50 I 0 (`ry 43 $ 27,225.00 Q m Z O m Z 00'0E0'b $ $ 2,652.00 $ 6,552.00 $ 4,563.00 $ 78,000.00 0 Cam') N 69 $ 3,386.88 0 in co o 69 0 M 69 $ 4,316.00 $ 4,225.00 0 co (o d' 69 $ 3,088.80 $ 780.00 0 O 0) 69 0 0 (6 69 $ 33,800.00 0 O (0 N V► On O (D 49 $1,142,557.86 $ 4,030.00 $ 1,326.00 $ 728.00 $ 253.50 $ 78,000.00 O CO N 69 00) 0 69 0 o N 69 (0a N M 69 $ 52.00 (00 0 69 0 0 N ci 69 00) NV t9 $ 780.00 I N tri co 69 (0n M 69 $ 33,800.00 I $ 25,000.00I 00) H Jhabores Construction PO Box 60089 Corpus Christi, TX 78466 TOT E PRICE o o M N 69 o o CO N 69 0 On at 44 [4.500.00 0 0 0 0) 69 0 00) r 69 0 (0D 0 69 $ 17,280.00I $ 2,016.00 $ 5,395.00 $ 5,850.00 $ 3,600.00 0 ((0 CO N 69 0 CO 69 $ 3,640.00 $ 5,724.00 0 0 0 O r 69 0 0 q in N 68 $ 20,615.00 $ 581,624.00 UNIT PRICE o 0 O M N 69 o 0 O CO — 69 0 0 M tn. 69 0 0 (0a N 69 $ 19,000.00 $ 133.00 $ 0.25 0 0 h 64 0 0 '4 0 (0 69 0 0 CO 0 69 0 0 m E9 0 0 N 69 0 0 CO 69 $ 640.00 0 0 CO .- 69 $ 27.00 I 0 0 0 O O 69 $ 25,000.00 $ 5.00 CAUSEWAY LIFT STATION REPLACEMENT CITY PROJECT NO. 7237 • z 0 a 0 I2" Air Release Valve at Lift Station, complete and in place per Each. 6" Plug Valve, complete and in place per Each. Cleanout with Threaded Cap (CL. 150 Pressure Rated), complete and in place per Each. 8" Gravity PVC Wastewater Line, complete and in place per Linear Feet. By -Pass Pumping, complete and in place per Lump Sum. Utility Crossing Sign, complete and in place per Each. Trench Safety, complete and in place per Linear Feet. Project Dewatering, complete and in place per Linear Feet. Revegetation (Seeding) complete and in place per Acre. Asphalt Pavement Repair, complete and in place per Square Yard. Concrete Pavement Repair, complete and in place per Square Foot. Remove and Replace Existing Wood Fence, complete and in place per Linear Feet. Black, Vinyl- Coated Chain Link Fence, complete and in place per Linear Feet. 12' Double -Swing Black, Vinyl- Coated Chain Link Gate, complete and in place per Each. 8" Wood Bollard, complete and in place per Each. Crushed Concrete All- Weather Maintenance Surface, complete and in place per Square Yard. Demolition and Haul Off of Public Restroom Building per Plans, complete and in place per Lump Sum. Unanticipated Utility Allowance (Mandatory Allowance), complete and in place per Lump Sum. CCTV & Clean Existing 4" Force Main, complete and in place per Linear Feet. SUBTOTAL PART A - CIVIL BASE BID (ITEMS Al - A36) M Q W Q W Q W LL -J 0) J Q W LL J LL -J U Q >- V) LL 0) LL -J LL J Q W Q W >- 0) (1) -J co J LL J 1- N 0 18 r 0) 3456 3456 0.4 83 650 180 r e- CO 212 I r. 4123 2 — 0 Q 0) Q O N Q (7%1: Q N N Q r) N Q v N Q () N Q co N Q P N Q 40 N Q 0) N Q O M Q M Q ('4 M Q (+) M Q v (+) Q ,0 (h Q co (7 Q -117- EXHIBIT "C)) I Paae 2 of 4 0 N• CO 4 Q a� o~ W pw y • !tl W ~ Q Z 1— Z y m W 0 U) y0 U LL LLD 0>- Z 0 ND Z CO Q- Z m v Z • m W LL e O :. F Z = W o)" • _ (o - w • p as 6- w • 0 0 W u m ▪ aTo ao al 'CI a.. am a m� dm -118- I TOTAL oon-c .,, 3'± 0 N. tD 69 0 r) r f9 I$ 31,492.00 0 N (o fA $ 750.00 O rn •V• fit $ 1,890.00 0 rn M f9 0 0 N b9 o °o vi 00'0L 0 (°o 69 0 f- 69 $ 140.00 �'. Y.,. rt'+ eN O 0 N to $ 7,113.00 O 0 0 v cn G9 O 0 69 O 0 to n 69 O 0 o) a fA $ 1,890.00 O o N co 69 rn N 49 O o 69 to co O 69 O (o O 69 O n O 69 O f r 69 SLC Construction 1165 Rodeo Dr. Aransas Pass, TX 78336 UNIT TOTAL PRICE I PRICE II $ 780.00 $ 780.00 $ 5,330.00 $ 35,750.00 O o0 M .- "(A $ 13,000.00I 0 0_ '7 r- 69 0 0 ow 0 N 69 $ 211,250.00 II 0 csi f9 $ 1,430.00 it 0 0 o N 69 o 699 0 c 69 0 ri 69 $ 780.00 $ 780.00 0 O co ,o 69 $ 35,750.00 $ 1,300.00 0 o o C) 69 0 C N fA $ 2,080.00 $211,250.00 0 r) fA $ 14.30 I 0 E9 M 69 (O") 69 (MO t9 TOTAL II PRICE x: $ 681.00 0 0 co 0 0 '0 (O v 0 0 0 fA $ 1,152.00 $ 2,500.00 $ 6,400.00 O 0 ao - b9 0 o o v pp 69 0 0 c N f9 O ° r 69 o o EA 0 0 o f9 0 0 n N9 $ 140.00 UNIT PRICE O 0 co b9 $ 4,655.00 O O o° T M 69 $ 1,152.00 0 O °o In N 69 0 O o° v co fA O O co - eo s f9 $184,000.00 O O "' f9 0 0 fA 0 o f9 0 0 0 u9 O n 0 f9 O er fA INEDY CAUSEWAY LIFT STATION REPLACEMENT CITY PROJECT NO. 7237 [UNIT DESCRIPTION 'General / Bonds / Mobilization, complete and in place per Lump Sum. Demolition of Control Panel and Existing Feeders, complete and in place per Lump Sum. Relocate Antenna Pole, Antenna, Coax with New Foundation, complete and in place per Lump Sum. SCADA RTU Panel and Programming, compete and in place per Lump Sum. New AEP Service, Meter Can & Grounding, complete and in place per Lump Sum. Pump Control Panel for (2) 5HP Pumps & J -Box Connections, complete and in place per Lump Sum. Manual Trasnsfer Switch with J -Box Connections, complete and in place per Lump Sum. Wooden Support Rack for Panel, complete and in place per Each. Mount Control Panel to New Rack & Connect Service, complete and in place per Lump Sum. 3/4" PVC Conduit complete and in place per Linear Feet. 2" PVC Conduit, complete and in place per Linear Feet. #14 THWN Copper Conductor, complete and in place per Linear Feet. #12 THWN Copper Conductor, complete and in place per Linear Feet. #10 THWN Copper Conductor, complete and in place per Linear Feet. # 8 THWN Copper Conductor, complete and in place per Linear Feet. J J J J J J W J J ULL.I J J J QTY 80 100 200 001. 100 WN F m [0 M 00 sfi m to m m 00 n [D a0 CO 9) m ° 00 ,_ [5 m M m m -118- TABULATION OF BIDS W H 1- N U a cc 0 V LL 0 1— U n r V Nz_N 1.1. W W z 0 z W LL 0 1- z W i- ce a. W o) 0 Csi IL CO I- Nf 0 la 0y cc F, W W GZ c m W 9 m CO BloN 0, V m C G O W C v 0 EV O 0 0. ui t0 am m m R am 0 W 2 00 wU go W H F- Palacios Marine PO Box 875 Palacios, TX 77465 JTOTAL PRICE I I$ 1,350.00 o M (0 a O M N9 $ 58,760.00 0 $ 4,850.00 oo f0 4, $ 600.00 1I °o O (0 $ 130,508.00 cr., cei (O N an W UNIT PRICE $ 4.50 r7 o 69 o O- o CO (» o o n co in V, $ 4,850.00 0 to t0 ri 69 o O (0 69 O o o ti, w' 0 Z 3 0 a V) .—�O SLC Construction 1165 Rodeo Dr. Aransas Pass, TX 78336 TOTAL PRICE $ 1,950.00 $ 7,800.00 $ 3,900.00 0 rn o 69 $ 5,525.00I 0 69 0 (0 64 0 (co 69 0 (co M n V! • $1,517,237.86 • UNIT PRICE o to (O (� I$ 78.00 O o am M 64 o ° v 0 0 V, $ 5,525.00 O (°o a to $ 650.00 $ 650.00 Jhabores Construction PO Box 60089 Corpus Christi, TX 78466 TOTAL PRICE $ 1,380.00 $ 6,400.00 o oi ' (O E $ 55,500.00 0 N ' (f, 0 (C1 0 M 61 0 CO to 69 $ 567.00 $ 313,693.00 $ 895,317.00 UNIT PRICE $ 4.60 0 v CO 69 $ 6,142.00 0 0 o W) (o co ea $ 4,826.00 0 er (0 M 69 0 r; to 69 0 r to 69 CAUSEWAY LIFT STATION REPLACEMENT CITY PROJECT NO. 7237 DESCRIPTION # 4 THWN Copper Conductor, complete and in place per Linear Feet. Underground Trench, complete and in place per Linear Feet. Flood light and Wooden Pole, bomplete and in place per Lump Sum Portable Generator Mounted on Trailer, complete and in place per Each. HMI Graphics Modifications, complete and in place per Lump Sum. Miscellaneous Electrical (Conduit, Fittings, and Hardware), complete and in place per Lump Sum. O &M Manuals, complete and in place per Lump Sum. Testing and Checkout, complete and in place per Lump Sum. ijSUBTOTAL PART B - ELECTRICAL BASE BID (ITEMS B1 - B23) TOTAL BASE BID (Items A1-A36 and B1 -B23): J J J W J J J J_ Ci 300 oe- r- e- W,- i- all m m a) m N m N m N m N en m -119- c O E co 0 .c a1 O at O a T c8 _ a a > 0 (� 0 N I.- 0) tri t0 at Cm n N Cl C (n c CO C O la > N N z O u, 0. x w S rG z a O m ot a 2 E .co co N .o .c N 1 C E E W no O a o O .°tc E s o a 0 a y O -C 0 M a cum 0 0 0 c O :0 .co U w :c- c) 3 >, o .0 c tU V 2 (0 N C (0 co C C C 0 m 0 :0 c 'm N N To 8 G_ C c 00 m at o p a) .0 O v 0 .0 .c °= 3 0 ill 0 0 .c H EXHIBIT ((C" PROJECT BUDGET KENNEDY CAUSEWAY LIFT STATION REPLACEMENT PROJECT NO. 7237 November 17, 2009 FUNDS AVAILABLE: Wastewater CIP (WW 27) $1,050,000.00 Estimated Project -To -Date Expenditures $165,000.00 $1,215,000.00 FUNDS REQUIRED: Construction (Jhabores Construction) $895,317.00 Contingencies (10 %) 89,532.00 Consultant (RVE Inc.) 163,936.00 Testing (Rock Engineering & Testing Laboratory Inc.) 1,600.00 Reimbursements 36,910.00 Misc. (Printing, Advertising, etc.) 1,101.00 Total $1,188,396.00 FUNDS REMAINING: $26,604.00 EXHIBIT "D" Page 1 of 1 \ M p ro j ec t \ co un ci l exh ib i is \ exh 72370. d wg KENNEDY CAUSEWAY LIFT STATION REPLACEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/2/2009 UMW MP OEM -121- 11 AGENDA MEMORANDUM City Council Action Date: November 17, 2009 SUBJECT: Robert Street from Gaines to Ocean Drive Project No. 6492 / CIP Bond 2008 ST 18 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas, in the amount of $226,125 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the preliminary phase, design phase, bid phase and construction phase; and requires City Council approval. FUNDING: Funding is available from the Streets, Storm Water, Wastewater and Water Capital Improvement Budget FY 2009. RECOMMENDATI • : Staff recommends approval of the motion as presented. Val -Q Gray, P. Dire r of Storm - ter and Street Services 826 -1875 or 826 -18 2 vareriegacctexas.com Foster Crowell Director of Wastewater Services 826 -1801 fostercecctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B' Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P. Director of Engineering Services 826 .6':5781 1 petean .cctexas.com GG_ustava Gonzalez, P.E. Director Fof Water Services 826 -1874 austav000 at cctexas.com H.V OME'SKAMC*ASTREETS*497• Rot el Saco Ga"Gaae s Oona 7kinACcauhut (Nsm"ihnl AGENDA MEMO doe AGENDA BACKGROUND INFORMATION SUBJECT: Robert Street from Gaines to Ocean Drive Project No. 6492 / CIP Bond 2008 ST 18 PROJECT DESCRIPTION: This project includes the reconstruction of Robert Street from Gaines to Ocean Drive. The improvements will include a three -lane roadway with two travel lanes and a continuous left-turn lane, curb and gutter and sidewalk, underground storm sewer, water, wastewater and new street lighting. CONTRACT DESCRIPTION: The Consultant, Naismith Engineering, Inc. 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 Letter Engineering Report which includes designs, drawings, and a written description of the project. The design phase will implement the Letter Engineering Report recommendations. In the design phase the A/E will prepare one set of Construction Bid and Contract Documents in City format, provide assistance with the handling and disposal of any hazardous materials, etc., prepare final cost estimates, provide a Traffic Control Plan, prepare and submit monthly status reports and provide a Storm Water Pollution Prevention Plan. The bid phase will include participating in the pre -bid meeting, assist City in solicitation of bids, review all pre -bid questions and submissions concerning the bid documents, prepare any required addenda or other revisions necessary, attend bid opening and award recommendations. The construction phase includes participation in pre- construction meeting, contracting and testing submittal reviews, interpretations and clarifications of the contract documents, regular visits to the site of the Project, general correspondence, preparation of change orders as authorized by the City, and participation in the final inspection /warranty period. Additional services include permitting, right -of -way (ROW) acquisition survey, topographic survey, environmental issues (TBD), construction observation services (Optional) and warranty phase. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is 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 November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —126— II EXHIBIT `,A" II PRIOR PROJECT ACTIONS SUBJECT: Robert Street from Gaines to Ocean Drive Project No. 6492 / CIP Bond 2008 ST 18 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008— Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H:\HOME KeUy01GEN'STREETSt6492- Robert Street from Gaines to Ocean Drive\Coill6ttari th)\4 PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Robert Street from Gaines to Ocean Drive Project No. 6492 / CIP Bond 2008 ST 18 1. SCOPE OF PROJECT This project includes the reconstruction of Robert Street from Gaines to Ocean Drive. This section of Robert Street runs adjacent to Seaside Memorial Park and provides access to the park and to Ocean Drive. The improvements will include a three -lane roadway with two travel lanes and a continuous left-turn lane. Other improvements include: curb and gutter, sidewalks, underground storm sewer, water, wastewater and new street lighting. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. 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 A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday November 25, 2009 Begin Preliminary Phase Monday December 21, 2009 Begin Design Phase Monday February 22, 2010 Pre -Final Submittal Thursday March 11, 2010 City Review (City to NEI) Monday March 29, 2010 Final Submittal (NEI to City) Monday (2) April 5 & April 12, 2010 Advertise for Bids Tuesday April 13, 2010 Pre -Bid Conference Wednesday April 21, 2010 Receive Bids Weekday May, 2010 Begin Construction Weekday November, 2010 Construction Completion —128— IEXHIBIT "C" I Page 1 of 2 4. SUMMARY OF FEES Fee For Basic Services Street Storm Water Water Waste Water Totals 1. Preliminary Phase $7,500.00 $4,500.00 $3,000.00 $1,500.00 $16,500.00 2. Design Phase 32,443.18 19,465.91 12,977.27 6,488.64 71,375.00 3. Bid Phase 1,875.00 1,125.00 750.00 375.00 4,125.00 4. Construction Phase 18,181.82 10,909.09 7,272.73 3,636.36 40,000.00 Subtotal Basic Services Fees $60,000.00 $36,000.00 $24,000.00 $12,000.00 $132,000.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) NPDES Permit/Amendments TCEQ Texas Department of License and Regulation Total Permitting $1,136.36 2,500.00 3,636.36 $681.82 681.82 $454.55 500.00 954.55 $227.27 500.00 727.27 $2,500 1,000 2,500 6,000 2. ROW Acquisition Survey (AUTHORIZED) 4,261.36 2,556.82 1,704.55 852.27 9,375.00 3. Topographical Survey (AUTHORIZED) 8,863.64 5,318.18 3,545.45 1,772.73 19,500.00 4. Environmental Issues (TBD) - - - - - 5. Construction Observation Services (OPTIONAL) 26,250.00 15,750.00 10,500.00 5,250.00 57,750.00 6. Warranty Phase 681.00 409.09 272.73 136.36 1,500.00 Subtotal for Additional Services (AUTHORIZED) $43,693.18 $24,715.91 $16,977.27 $8,738.64 $94,125.00 Total Authorized Fee 1 $103,693.181 $60,715.91 I $40,977.27 I $20,738.64 I $226,125.00 The estimated cost of construction for Robert Street from Gaines to Ocean Drive is $1,650,000. The basic services fee for the project is $132,000. Therefore, the percentage of basic engineering services cost to construction cost is 8 %. —129— H:\HOMEUCdlyO\GEN\STREETS\6492- Robert Street front Gaines to Ocean Drive\Consuhant (Naimeth)15 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 2 \ Ivi project \councilexhibits \exh6492.dwg LOCATION MAP NOT TO SCALE PROJECT No. 6492 VICINITY MAP NOT TO SCALE EXHIBIT "D' ROBERT STREET FROM GAINES TO OCEAN DRIVE (BOND ISSUE 20081130_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/2/2009 =IMP NMI 12 AGENDA MEMORANDUM City Council Action Date: November 17, 2009 SUBJECT: Kostoryz Road BOND ISSUE 2008: Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to S.P.I.D. (Project No. 6490) CIP No. BOND 2008 ST 15 and ST 16 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Goidston Engineering, a CH2M Hill Company from Corpus Christi, Texas in the amount of $92,900, for a total restated fee of $1,507,750 for Kostoryz Road. BOND ISSUE 2008: • Kostoryz Road, Phase 1 from Home to Sunnybrook • Kostoryz Road, Phase 2 from Sunnybrook to SPID ISSUE: This project was approved November 4, 2006 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. Under the original Contract For Professional Services the Additional Services fee for Utility Locations and Wastewater Line Inspection was estimated prior to knowing how much work would be required. An additional fee is required to complete the task. In order to assist the utility contractors additional Topographic Survey time is needed. 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 foster. Vela Gray, P. Dire of Storm ' at r and Street Services 826 -1 75 or 826 -187 varerieo cctexas.com Additional Support Material: Exhibit "A' Background Information Exhibit "B' Prior Actions Exhibit "C' Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Di actor of Engine& ng Services 82 -3781 petean cctexas.com ✓ ' �l sue.._, -"i } Gustavo Gonzalez,\P.E. Director of Water Services 826 -1874 oustavogo u( cctexas.com IIDICIAE Kc0,OAOE ST2iEETS6119 A 6190. Kororyt Road. Mtge 1 and Pone 11CauuhuutAnvodnrw No D2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Kostoryz Road BOND ISSUE 2008: Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to S.P.I.D. (Project No. 6490) CIP No. BOND 2008 ST 15 and ST 16 AMENDMENT NO. 1 DESCRIPTION: Amendment No. 1 provides for Additional Services to expand Utility Locations and Wastewater Line Inspection services. The original contract allowance was an estimated amount prior to knowing how much utility and wastewater line inspection work would be required. Amendment No. 1 will also provide for Additional Services to expand Topographical Survey time in order to assist utility contractors in having a survey crew on site during excavations. PROJECT DESCRIPTION: The project is located on Kostoryz Road and includes 2 phases as follows: Phase 1 is located on Kostoryz Road between the south right -of -way limit of Horne Road intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and Gollihar intersection. The length of the project is approximately 2,500 linear feet, with an off -site storm water element of approximately 3,500 linear feet that extends from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway, and down Brawner Parkway Ditch to Carroll Lane. Phase 2 is located on Kostoryz Road between the north right -of -way limit of S.P.I.D. (S.H. 358) intersection to the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and McArdle intersection. The length of the project is approximately 2,300 linear feet. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is 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 November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —134— AMD. NO. 1 EXHIBIT "A" PRIOR PROJECT ACTIONS SUBJECT: Kostoryz Road BOND ISSUE 2008: Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to S.P.I.D. (Project No. 6490) CIP No. BOND 2008 ST 15 and ST 16 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing retums and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). 4. April 21, 2009 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Goldston Engineering, a CH2M Hill Company from Corpus Christi, Texas in the amount of $1,414,850, for design, bid, and construction phase services for Kostoryz Road BOND ISSUE 2008: • Kostoryz Road, Phase 1 from Horne to Sunnybrook • Kostoryz Road, Phase 2 from Sunnybrook to S.P.I.D. PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. Mav 1, 2009 — Administrative approval of a Geotechnical Testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas is the amount of $21,000 for Kostoryz Road, Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to S.P.I.D. H:IHOME\Kelly0\GEN\STREETS16489 & 6490- Kostoryz Road, Phase 1 and Phase 2\o1uan ATiendnent No. 1 \4 PRIOR ACTIONS.doc AMD. NO. 1 EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY / AMENDMENT NO. 1 SUBJECT: Kostoryz Road BOND ISSUE 2008: Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to S.P.I.D. (Project No. 6490) CIP No. BOND 2008 ST 15 and ST 16 SCOPE OF SERVICES B. Additional Services— Additional Services shall be amended to expand the following Additional Services: 2. Item No. 3 Topographic Survey • Provide additional Topographic Survey time to assist the utility contractors. Item No. 4 Utility Locations and Wastewater Line Inspection • Provide additional utility and wastewater line inspection to complete the task. The original contract allowance was estimated prior to knowing how much work would be required. —136— AMD. NO. 1 EXHIBIT "C" Page 1 of 2 ORIGINAL CONTRACT AMD. No.1 TOTAL CONTRACT Phase 1: Kostoryz Road from Horne to Sunnybrook (including Off-Site Drainage) Basic Services 1 Preliminary Phase $ 80,000.00 $ - $ 80,000.00 2 Design Phase $ 550,000.00 $ - $ 550,000.00 3 Bid Phase $ 6,000.00 $ - $ 6,000.00 4 Construction Phase $ 18,000.00 $ - $ 18,000.00 Subtotal Basic Services $ 654,000.00 $ - $ 654,000.00 Additional Services 1 Permit Preparation TxDOT $ - $ - $ - TCEQ (allowance) $ 1,400.00 $ - $ 1,400.00 TDLR (allowance) $ 6,200.00 $ - $ 6,200.00 Subtotal Permit Preparation $ 7,600.00 $ - $ 7,600.00 2 ROW Acquisition Survey $ - $ - $ - 3 Topographic Survey (authorized) $ 120,000.00 $ 5,000.00 $ 125,000.00 4 Utility Locations and Wastewater Line Inspection (allowance) $ 50,000.00 $ 49,090.00 $ 99,090.00 5 Construction Observation Services (allowance) $ 153,000.00 $ - $ 153,000.00 6 Public Meeting (authorized) $ 5,350.00 $ - $ 5,350.00 7 Warranty Phase (authorized) $ 5,700.00 $ - $ 5,700.00 Subtotal Additional Services $ 341,650.00 $ 54,090.00 $ 395,740.00 Phase 1: Total Authorized Fee $ 995,650.00 $ 54,090.00 $1,049,740.00 —136— AMD. NO. 1 EXHIBIT "C" Page 1 of 2 -137- H: \HOME\KellyO \GEN\STREETS16489 & 6490- Kostoryz Road. Phase 1 and Phase 2\Consultant\Amendment No. 115 CONTRACT SUMMARY.doc AMD. NO. 1 EXHIBIT "C" Page 2 of 2 ORIGINAL CONTRACT AMD. No.1 TOTAL CONTRACT Phase 2: Kostoryz Road from Sunnybrook to SPID Basic Services 1 Preliminary Phase $ 40,000.00 $ - $ 40,000.00 2 Design Phase $ 190,000.00 $ - $ 190,000.00 3 Bid Phase $ 1,500.00 $ - $ 1,500.00 4 Construction Phase $ 14,500.00 $ - $ 14,500.00 Subtotal Basic Services $ 246,000.00 $ - $ 246,000.00 Additional Services 1 Permit Preparation TxDOT $ 4,000.00 $ - $ 4,000.00 TCEQ (allowance) $ 1,400.00 $ - $ 1,400.00 TDLR (allowance) $ 6,200.00 $ - $ 6,200.00 Subtotal Permit Preparation $ 11,600.00 $ - $ 11,600.00 2 ROW Acquisition Survey $ - $ - $ - 3 Topographic Survey (authorized) $ 60,000.00 $ 2,500.00 $ 62,500.00 4 Utility Locations and W astewater Line Inspection (allowance) $ 25,000.00 $ 36,310.00 $ 61,310.00 5 Construction Observation Services (allowance) $ 68,000.00 $ - $ 68,000.00 6 Public Meeting (authorized) $ 2,800.00 $ - $ 2,800.00 7 Warranty Phase (authorized) $ 5,800.00 $ - $ 5,800.00 Subtotal Additional Services $ 173,200.00 $ 38,810.00 $ 212,010.00 $ - Phase 2: Total Authorized Fee $ 419,200.00 $ 38,810.00 $ 458,010.00 -137- H: \HOME\KellyO \GEN\STREETS16489 & 6490- Kostoryz Road. Phase 1 and Phase 2\Consultant\Amendment No. 115 CONTRACT SUMMARY.doc AMD. NO. 1 EXHIBIT "C" Page 2 of 2 ORIGINAL CONTRACT AMD. No.1 TOTAL CONTRACT Total Phase 1 and Phase 2 Basic Services 1 Preliminary Phase $ 120,000.00 $ - $ 120,000.00 2 Design Phase $ 740,000.00 $ - $ 740,000.00 3 Bid Phase $ 7,500.00 $ - $ 7,500.00 4 Construction Phase $ 32,500.00 $ - $ 32,500.00 Subtotal Basic Services $ 900,000.00 $ - $ 900,000.00 Additional Services 1 Permit Preparation TxDOT $ 4,000.00 $ - $ 4,000.00 TCEQ (allowance) $ 2,800.00 $ - $ 2,800.00 TDLR (allowance) $ 12,400.00 $ - $ 12,400.00 Subtotal Permit Preparation $ 19,200.00 $ - $ 19,200.00 2 ROW Acquisition Survey $ - $ - $ - 3 Topographic Survey (authorized) $ 180,000.00 $ 7,500.00 $ 187,500.00 4 Utility Locations and Wastewater Line Inspection (allowance) $ 75,000.00 $ 85,400.00 $ 160,400.00 5 Construction Observation Services (allowance) $ 221,000.00 $ - $ 221,000.00 6 Public Meeting (authorized) $ 8,150.00 $ - $ 8,1 50.00 7 Warranty Phase (authorized) $ 11,500.00 $ - $ 11,500.00 Subtotal Additional Services $ 514,850.00 $ 92,900.00 $ 607,750.00 $ - Total Phase 1 and Phase 2 $ 1,414,850.00 $ 92,900.00 $1,507,750.00 -137- H: \HOME\KellyO \GEN\STREETS16489 & 6490- Kostoryz Road. Phase 1 and Phase 2\Consultant\Amendment No. 115 CONTRACT SUMMARY.doc AMD. NO. 1 EXHIBIT "C" Page 2 of 2 File : \ Mproject\ councilexhibits \exh6489 &6490.dwg N(lECES BAY CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD CORPUS �( C RT L7 B.ay PROJECT LOCATION Phase 1 — Home to Sunnybrook PROJECT LOCATION Phase 2 — Sunnybrook to SPID LOCATION MAP NOT TO SCALE 7'2*, SITE PLAN T CALE PROJECT # 64819°8716190 ®P 1 Phase 2 P RTSunnnybrr000k to SPID tip /1/ II/ SITE PLAN NOT TO SCALE EXHIBIT "D" KOSTORYZ ROAD, PHASE 1 HORNE TO SUNNYBROOK WITH BRAWNER DITCH OFF -SITE DRAINAGE & PHASE 2 SUNNYBROOK TO SPID (BOND ISSUE 2008) -13 8- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -30 -2009 — MEW - MN ■•■•• 13 AGENDA MEMORANDUM DATE: November 17, 2009 SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to accept grants from: the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000, the Coastal Bend Bays & Estuaries Program in the amount of $50,000, and the Saltwater- fisheries Enhancement Association in the amount of $67,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund for a total project cost of $667,000. B. Ordinance appropriating a $500,000 grant from Texas Parks and Wildlife Department's Safe Boating Access Program, a $50,000 grant from the Coastal Bend Bays & Estuaries Program, and a $67,000 grant from the Saltwater- fisheries Enhancement Association in the No. 1067 Parks and Recreation Grants Fund for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund; and declaring an emergency. C. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with URS Corporation of Corpus Christi, Texas in the amount of $151,365, for a total re- stated fee of $181,286 for Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. ISSUE: This project is the result of partnering efforts of the City, Texas Parks and Wildlife Department (TPWD), General Land Office (GLO), Texas Department of Transportation (TXDOT), Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association (SEA), and local businesses to reconstruct the two boat ramps (Billing's and Clem's) located near the John F. Kennedy (JFK) Causeway on the Packery Channel. Funding for this project is grant funding from the Safe Boating Access Program through TPWD. Two grant applications were approved by City Council with matching funds from local partners. The first grant was previously approved and funded by TPWD in February 2009 for the design of both ramps and construction funds for the first ramp. The second application was submitted in October 2009 to fund the replacement of the second boat ramp with additional parking. Additional grant funding will be pursued for future phases. This authorizes the appropriation of those grant and matching funds in addition to the design for the two ramps. FUNDING: Funding is available from donations from the Texas Parks and Wildlife Department's (TPWD) Safe Boating Access Program, Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association (SEA); and from the FY2009 Parks and Recreation Capital Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Stacie Talbert, Interim Director of Parks and Recreation Department 361- 826 -3464 staciet(@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Location Map Exhibit "D" Award Notifications Pete Anaya, P.E., Director of Engineering Services 361- 826 -3781 petean cctexas.com —141— H.1unMIFIthuhnoPW.FMaAf`I(FRV (HANnIFI \5243 BILLINGS AND CLEMSIURS CORP august 20091AMENDMENT NO. 11AGENDA 2 MEMO.doc AGENDA BACKGROUND SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) PROJECT DESCRIPTION: This project is joint project funded through grants from the Safe Boating Access Program through Texas Parks and Wildlife Department (TPWD). The proposed contract provides for complete design of replacement for both the Billing's Bait Stand and Clem's Marina Public Boat Ramps with vehicle /trailer access, parking and bulkhead construction along the Packery Channel near the John F. Kennedy (JFK) Causeway. The proposed project will replace the deteriorated ramps with new concrete structures and piers with site improvements to implement elevation changes and new bulkhead to improve tidally influenced drainage flows and vehicle access to the ramps from the access roads. The new access and parking Tots will reconstruct the current unimproved access and parking with new hot -mix asphaltic concrete (HMAC). AMENDMENT NO. 1 DESCRIPTION: The consultant will provide the engineering /design to remove and replace the two existing public boat ramps with new HMAC parking and vehicle /trailer access from the JFK Causeway access road. The project also includes a new bulkhead along the north -east project boundary. All improvements will comply with the ADA Accessibility requirements. The consultant will coordinate with the project team including City, Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO), Texas Department of Transportation (TXDOT), Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association (SEA), U.S. Army Corps of Engineers (USACE), and local businesses. As part of the coordination, the consultant will incorporate landscaping recommendations provided by separate contract and approved by the City. The entire project will be ADA Accessible. PROJECT BACKGROUND: The area near the John F. Kennedy (JFK) Causeway on the north side of State Highway 358 on Packery Channel contains two boat ramps that are leased to the Texas Parks and Wildlife Department (TPWD). One is next to Billing's Bait Stand and the other next to Clem's Marina. Both boat ramps provide free boat access. The boat ramps have suffered from many years of overuse and neglect to the extent that the boat ramp next to Billing's Bait Stand is in a near - unusable condition. The other boat ramp next to Clem's Marina, while usable, is not a high quality ramp. Further complicating the issue, the large access /parking lot in front of the bait stand is unpaved and floods at high tide, making it very difficult to reach the boat ramps and an area where one would not want to park a boat trailer. The Texas Parks and Wildlife's Department Safe Boating Access Grant Program provides 75% matching grant funds for the construction of public boat ramp facilities throughout Texas. Local government sponsors must make an application, provide the land, provide access to the proposed boat ramp, supply 25% of the development costs, and accept operation and maintenance responsibilities for a minimum 25 -year period. These funds are allocated annually through the federal Sport Fish Restoration Act. The grant cash match will be provided by the Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association, and the City of Corpus Christi. Robert Floyd, Architect, is also donating architectural services for this project. —142— EXHIBIT "A" I Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) PRIOR COUNCIL ACTION: 1. November 18, 2008 — Resolution authorizing the City Manager, or his designee, to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Park and Recreation Capital Improvement Program (CIP) Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, and Saltwater Fisheries Enhancement Association, and architectural services from Robert Floyd, for total project cost of $667,000. (Resolution No. 027941) 2. November 18, 2008 — Resolution authorizing the City Manager, or his designee, to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater Fisheries Enhancement Association concerning development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. (Resolution No. 027942) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. October 27, 2009 — Resolution authorizing the City Manager, or his designee, to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access program in the amount of $500,000 for Phase II of reconstruction of Billing's and Clem's boat ramps located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with a land match from the value of leased land ($167,000) owned by the Texas Department of Transportation (TXDOT) and Texas General Land Office (GLO), for a total project cost of $667,000. (Resolution No. 028378) PRIOR ADMINISTRATIVE ACTION: 1. May 29, 2009 - Distribution of Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). 2. June 22, 2009 — Addendum No. 1 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). 3. June 29, 2009 — Addendum No. 2 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). 4. October 6, 2009 — Administrative approval of Small A/E Agreement for Architect/ /Engineer Consultant Services with URS Corporation in the amount of $29,921 for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. —143— .,�� _.._.._. nnnn.e,acninKAFAIT NO. 11AGENDA 4 PRIOR ACTIONS.d0C EXHIBIT "B" Page 1 of 1 File : \Mproject councilexhibits \exh5243. dwg PROJECT LOCATION sci N LOCATION MAP NOT TO SCALE CLEM'S MARINA BOAT RAMP BILLING'S BAIT STAND BOAT RAMP SITE IMPROVEMENTS PROJECT # 5243 VICINITY MAP NOT TO SCALE BILLING'S AND CLEM'S MARINA BOAT RAMP REHABILITATION EXHIBIT "C' CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11 -06 -2009 u IP EVES!: Coastal Bend Bays & 'Estuaries Program, Inc. 1305 N Shoreline, Suite 205, Corpus Christi, Texas 78401 • 361- 8854302`• 361-883-7801 (fax) •O.ctQber 1., '2008 Sally Gavlik City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 • Re State Boating Access Program. ar s Gavli 1�3 Bart f 'the Coastal Bend Bays & estuaries Program's 2007 . Annual :.Itork Plan funding was al1acated to help refurbish the boat rartips under the JFK Causeway The two boat ramps, Cletus and Billings, were identified to be in a deteriorated condition and are in need of immediate repair Tit CBBEP.commits to providing a $50,000 contribution to be used as match towards the City's application for the Texas Parks `& Wildlife State Boating Access Program. The ODDER looks forward to continuing our work with the City of Corpus Christi to make additional .repairs to the boat ramps below the JFK Causeway with the assistance of the TPWD State Boating Access Program..' icerely, Ray Allen Executive Director Visit our website www.obbep.org _145 - Saltwater- iishertes csm.nt Assadatlon 711' N. Carancahua, Suite 915 Corpus Christi, TX 78475: 361 -886 -1100 361- 883 -8343 Fax ' Ms.; Sally Gavlik Crty of Corpus _Christi P ks Recreation 1201 leopard St. Corpus Christi, TX 78401 The: hoard of Directors for Saltwater Fisheries Enhancement Assn.. (SEA) approves a $50,000 contribution:to be ;utilized for the portion of the 'local matching funds associated with i grant request to`Texas perks & Wildlife Department forr repairs to the Billings Boat Ramp and parking Berea anent. :hat:: the total grant match needed has been committed and that s willgo forward:f or. the Billings at f amp and parking area d to our fishermen and represents over 3,500 in the Coastal ntonio regions. Our mission is to give our fishermen and boaters ort 1lle are glad to be able to assist with the improvements and . s public facility s wr A 114"11 .Saltwater-fisheries Enhancement Assodation 711 N. Carancahua, Suite 915 Comas Christi, TX 78475 361- 886.1100 361.883 -8343 fax October 9 2008 s. Sallt/ Gavlik Corpus Christi _. creation 1201Laopa Corpus Chnsti, TX 78401 Dear Ms Cavlik: The °Board of ;Directors for Saltwater Fisheries Enhancement Assn. (SEA) approves an additional $17,000 contribution to be utilized for the portion of the local matching funds associated with ;a grant request to Texas Parks �IUildlife Department for repairs to the ''Billings Boat Ramp and parking area. This contribution was provided - through a designated donation by Robert Newton.. Floyd. We understand that the total grant match needed has :'been committed and that the grant process wilt go forward for the Billings' Boat Ramp and parking area. SEA. �s committed to: our : fishermen and represents over 3,800 in the Coastal. Bend and:San .Antonio regions Our mission is to give our fishermen and boaters access the sport Ne are glad to be able to assist with the improvemo nts and betterment of this' r t ii it' f cilrhs `> Sincerely; Brent Burkhart President 147 -. :f t aae'3 of 3 Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT GRANTS FROM: THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S SAFE BOATING ACCESS PROGRAM IN THE AMOUNT OF $500,000, THE COASTAL BEND BAYS & ESTUARIES PROGRAM IN THE AMOUNT OF $50,000, AND THE SALTWATER - FISHERIES ENHANCEMENT ASSOCIATION IN THE AMOUNT OF $67,000 FOR RECONSTRUCTION OF BOAT RAMP LOCATED NEAR JOHN F. KENNEDY CAUSEWAY ON THE NORTH SIDE OF STATE HIGHWAY 358 ON PACKERY CHANNEL; WITH CITY GRANT OF $50,000 IN THE 3289 PARKS AND RECREATION CIP FUND FOR A TOTAL PROJECT COST OF $667,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept grants from: The Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000, the Coastal Bend Bays & Estuaries Program in the amount of 450,000, and the Saltwater- fisheries Enhancement Association in the amount of $67,000 for reconstruction of boat ramps located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel, with City grant of $50,000 in the 3289 Parks and Recreation CIP Fund for a total project cost of $667,000. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: 114.7.,/ 1 0 , 2009 Lisa Aguilar Interim City Attorney H:\LEG- DIR\Jeannie\ Lisa \Ordinances- Resolutions \RES- authAc44t$ rant -JFK BoatRamps -.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG- DIR\Jeannie\Lisa \Ordinances- Resolutions \RES- authhe$Ateisnt -JFK BoatRamps -.doc Page 1 of 2 ORDINANCE APPROPRIATING A $500,000 GRANT FROM TEXAS PARKS AND WILDLIFE DEPARTMENT'S SAFE BOATING ACCESS PROGRAM, A $50,000 GRANT FROM THE COASTAL BEND BAYS & ESTUARIES PROGRAM, AND A $67,000 GRANT FROM THE SALTWATER- FISHERIES ENHANCEMENT ASSOCIATION IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR RECONSTRUCTION OF BOAT RAMP LOCATED NEAR JOHN F. KENNEDY CAUSEWAY ON THE NORTH SIDE OF STATE HIGHWAY 358 ON PACKERY CHANNEL; WITH CITY GRANT MATCH OF $50,000 IN THE 3289 PARKS AND RECREATION CIP FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $500,000 Grant from Texas Parks and Wildlife Department's Safe Boating Access Program, a $50,000 grant from the Coastal Bend Bays & Estuaries Program, and a $78,000 grant from the Saltwater- fisheries Enhancement Association in the No. 1067 Parks and Recreation Grants Fund is appropriated for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel, with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP fund. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: , 2009 i� Lisa Agu a Interim City Attorney H:\LEG- DIRUeannie\Lisa \Ordinances- Resolutions \ORD- apprppp5r 1FKBoatRamp.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney , Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG- DIR\Jeannie\ Lisa\ Ordinances- Resolutions \ORD -appr ritk,JFKBoatRamp.doc 14 AGENDA MEMORANDUM AGENDA ITEM: November 17, 2009 a. Motion authorizing the City Manager to execute a Deferment Agreement with RRAH Corpus Christi, L.P., (Developer), in the amount $146,980.82 for public improvements including construction of water and wastewater improvements for J. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b) , contingent upon receipt of an acceptable form of financial document compliant with City requirements. b. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by RRAH Corpus Christi, L.P., developer of J. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, for the extension of an 8 -inch distribution main, including all related appurtenances; and c. Ordinance appropriating $9,099.15 from the No. 4030 Distribution Main Trust Fund to reimburse RRAH Corpus Christi, L.P., for the extension of an 8 -inch distribution main, including all related appurtenances for development of J. C. Russell Farm Blocks, Block 9, Lot 13A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: RRAH Corpus Christi, L.P., developer of J. C. Russell Farm Blocks, block 9, Lot 13A, submitted deferment agreement documentation to defer construction of water and wastewater improvements required of J. C. Russell Farm Blocks, block 9, Lot 13A in accordance with the Platting Ordinance, Section V— Required Improvements, Subsection A. 3. b). The developer will also be extending off-site water lines to serve the proposed development. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement and approve a distribution main reimbursement agreement with RRAH Corpus Christi, L.P., (Developer). Council is requested to approve the ordinance appropriating the funds to reimburse the developer. CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement. Developer must also construct the 8 -inch waterline within the next 12 months. City Council Agenda Memorandum J. C. Russell Farm Blocks Page 2 RECOMMENDATION: Staff recommends approval of the motions and ordinance as presented. teatt Juan Perales, r., P.E. Assistant City Manager Development Services Department Email: JohnnyP@cctexas.com Telephone: (361) 826 -3828 Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Water and Wastewater Improvements Exhibit D Cost Estimate Exhibit E Deferment Agreement Exhibit F Distribution Main Extension Construction and Reimbursement Agreement Exhibit G Ordinance C: JP\BUENA VIDA RETIREMENT COMMUNITY\COUNCIL AGENDA MEMO.DOC —156— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting of J. C. Russell Farm Blocks, Block 9, Lot 13A (Exhibit B) requires the developer to construct public improvements for J. C. Russell Farm Blocks, Block 9, Lot 13A. The deferred public improvements include the construction of water and wastewater public improvements (Exhibit C). Construction plans for the public improvements were submitted and approved by the Development Services Department. The Planning Commission, at its November 11, 2009 meeting, reviewed a variance request from Section V. A. 3. b) (2) of the Platting Ordinance that requires each lot to be provided with operable water and sewer services to record a plat. The Planning Commission approved the variance in order for the developer to meet its limited construction timeframe and allow the extension of water and sewer services to be included in the proposed deferment agreement. The Planning Commission reviewed and recommends the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat within the Developer's time restraints. The Developer agrees to escrow $146,980.82 in the form of an acceptable financial document (Exhibit E). This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b). A deferment agreement, (Exhibit F) between the City of Corpus Christi and RRAH Corpus Christi, L.P., allows the Developer to defer the construction of the required improvements, which are required to be complete for plat recordation for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop J. C. Russell Farm Blocks, Block 9, Lot 13A. The Developer will be extending an off-site water line to serve the proposed development. The construction costs for the waterline extension are greater than the required water acreage fees. The total cost of the offsite waterline extension equal to $21,244.53. The acreage fees due by the development are $12,145.38. The balance of $9,099.15 is what the Developer is requesting to be reimbursed. The reimbursement agreement (Exhibit G) will reimburse the Developer an amount not to exceed $9,099.15 provided the extension is completed with the next 12 months. EXHIBIT A H: \DEVELOPMENT SERVICES \DEFERMENT AGREEMENTS\J C RUSSELL FARM BLOCKS \COUNCIL AGENDA MEMO.BCKGRND INFO.DOC —157— Mires 0 0:050.1 0.2 Legend 11113 1 #111 PLANNING.CITYLIMITS Ovation Deie 11106.2009 Printing One: 11•612009 Fie itIPLN_DIMSHARED1GIS PreiectirvelliguellItassell Form Tract Prspwed BY KAH Source City of Corpus CMisti DQntmerd et Development Services (LOCATION MAPI EX/1431T B 0 ... .,.. 7":.4,..::::::. ,.. el tamatatwei stmainewoo NIIIVIS • NOW111111 4.1:44, ,.. .., itI It, it ,..`; UMW MAO° IOVIIIA10105 VGA mane s-aanun Drillfld '' In :.. 0 ' 0 • . ' , ''''''' ' . • ' "'''' EXIIRIT C Barron Together. Architecture • Engineering •• Construction ENGINEER OPINION OF PROBABLE COST PUBLIC WATER & SEWER SYSTEM BUENA VIDA SENIOR VILLAGE CORPUS CHRISTI, TEXAS OCTOBER 23, 2009 ITEM ITEM QUANTITY UNIT ITEM No. DESCRIPTION PRICE PRICE 1 6" PVC Waterline 2,375 LF $20.00 $47,500.00 2 8" PVC Waterline 1,230 LF $22.00 $27,060.00 3 Wet Connection to existing 8" water 1 LS $1,500.00 $1,500.00 4 Testing & Sterilization 3,605 EA $1.25 $4,506.25 5 Firehydrant Assembly 7 EA $1,200.00 $8,400.00 6 1.5" Domestic Service 2 EA $750.00 $1,500.00 7 2.5" Domestic Service 12 EA $950.00 $11,400.00 8 6" Valve 7 EA $600.00 $4,200.00 9 8" Valve 5 EA $750.00 $3,750.00 10 8 "x8" Tapping Sleeve and Valve 1 EA $2,200.00 $2,200.00 11 Steel Carrier Pipe 70 LF $35.00 $2,450.00 12 Trench Safety 3,605 LF $1.10 $3,965.50 13 8" Sanitary Sewer 15 LF $26.00 $390.00 14 8" Cleanout 1 EA $450.00 $450.00 15.. Connect to Existing San Sew Manhole 1 EA $2,200.00 82,200.00 16 17 Subtotal $121,471.75 18 10% Contingency $12,147.18 19 Project Total $133,618.93 20 21 10% additional surety for deferment agreement $13,361.89 22 Total amount of LOC $146,980.82 23 Barron -Stark Consulting Engineers, LP 6221 Southwest Blvd, Ste 100, Fort Worth, TX 76132 • 817.231.8141 • fax 817.231.8144 EXIII 1T D DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § Deferment Agreement Between RRAH and City Page 1 of 5 This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and RRAH Corpus Christi, L.P., (hereinafter "Developer "), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of J. C. Russell Farm Blocks, Block 9, Lot 13A (the "plat "), which was approved by the Planning Commission on November 11, 2009. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section I11, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the City Engineer. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water and wastewater improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, the amount of One Hundred Forty Six Thousand Nine Hundred Eighty Dollars and 82/100 ($146,980.82), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2. The principal amount of One Hundred Forty Six Thousand Nine Hundred Eighty Dollars and 82/100 ($146,980.82) as shown in Exhibit 4, shall be placed by the City in an interest - bearing account and the total sum, both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both parties, by and through their designated representatives, for use by the Developer solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 3. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by Developer within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: RRAH Corpus Christi, L.P. 2400 -A Roosevelt Drive Arlington, TX 76016 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 9 below, the City will transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the water and wastewater improvements and settlement of construction contracts. 8. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 9. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTED in triplicate originals this day of , 2009. By: THE STATE OF TEXAS § COUNTY OF BEXAR § RRAH Corpus Christi, L.P. 2400 -A Roosevelt Drive Arlington, TX 76016 Rocky Ridge Affordable Housing, L.L.C., General Partner Randy Stevenson, President This instrument was acknowledged before me on , 2009, by Randy Stevenson, President, Rocky Ridge Affordable Housing, L.L.C. General Partner, RRAH Corpus Christi, L.P. Notary Public, State of Texas CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Angel Escobar City Manager This instrument was acknowledged before me on the day of , 2009, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2009. Lisa Aguilar, Interim City Attorney BY: Deborah Walther Brown, Assistant City Attorney For the City Attorney 8 ij 0 R 5 dr e n 3E IF II' I a' :s 2a.x d . ad a / M1 47/ a 1 11 Tavel pc t.d area contain. ogee 2 7 'alSE gg Y a gssi F XM1 a.tremanl e a admanldge° be(mp nip b 11 i 8 8 R 8 5 e Molar, Public In and M tits Stole W Tana. EXHIBIT 1 Page 7 of 6 —166— EXHIBIT 2 Page 8 of 6 —167- • t4 L usigE) SUII01 aDYTIIA 110UMS VOA warier SaLITLLCI DrIEInd 1 '' I C05 I '''. ''' ' ' NENNLemumilM11103 4. EXHIBIT 2 Page 8 of 6 —167- 13 Barron Together. Arrbitecturc • Engineering. • Construction ENGINEER OPINION OF PROBABLE COST PUBLIC WATER & SEWER SYSTEM BUENA VIDA SENIOR VILLAGE CORPUS CHRISTI, TEXAS OCTOBER 23, 2009 ITEM ITEM QUANTITY UNIT ITEM No. DESCRIPTION PRICE PRICE 1 6" PVC Waterline 2,375 LF $20.00 $47,500.00 2 8" PVC Waterline 1,230 LF $22.00 $27,060.00 3 Wet Connection to existing 8" water 1 LS $1,500.00 $1,500.00 4 Testing & Sterilization 3,605 EA $1.25 $4,506.25 5 Firehydrant Assembly 7 EA $1,200.00 $8,400.00 6 1.5" Domestic Service 2 EA $750.00 $1,500.00 7 2.5" Domestic. Service 12 EA $950.00 $11,400.00 8 6" Valve 7 EA $600.00 $4.200.00 9 8" Valve 5 EA $750.00 $3,750.00 10 8"x8" Tapping Sleeve and Valve 1 EA $2,200.00 $2,200.00 11 Ste& Carrier Pipe 70 LF $35..00 82,450.00 12 Trench Safety 3,605 LF $1.10 $3,965.50 13 8" Sanitary Sewer 15 LF $26.00 $390.00 14 8" Cleanout 1 EA $450.00 $450.00 15 Connect to Existing San Sew Manhole 1 EA $2,200.00 Ii i20).012. 16 17 Subtotal $121,471.75 18 10% Contingency $12,147.18 19 Project Total $133,618.93 20 21 10% additional surety for deferment agreement $13,361.89 22 Total amount of LOC $146,980.82 23 Barron -Stark Consulting Engineers, LP 6221 Southwest Blvd, Ste 100. Fort Worth, TX 76132 • 817.231.8141 • fax 817.231.8144 EXHIBIT 3 Page 9 of 6 -168- CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Deputmeat of Development Services P.O. Box 9277 Cotpus Christi, Texas 78469 -9277 (361) 826-3240 Located at 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME RRAH Corpus Christi, LP STREET: 2400 -A Roosevelt Drive CITY: Arlington ZIP: 76016 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee NONE 4. State the names of each employee or officer of -a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as angel occur. 41!! Certifying Person: Randy Steve (Type or Pn Signature of Certifying Person: GWSERSISNARO08BUENA VIDA1DIS LOSURE OF RSCERFSrSSTA EXHIBIT 4 Page 10 of 6 -169- Title: President of General Partner Rocky Ridge Affordable Housing, LLC Date: PfNi/O! Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 1 of 7 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Distribution Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and RRAH Corpus Christi, L.P., 2400 -A Roosevelt Drive, Arlington, Texas, 76016 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on November 11, 2009, to develop a tract of land of approximately 8.968 acres called J. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Distribution Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Distribution Main Extension; WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds become available and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Distribution Main Extension (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Distribution Main Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Distribution Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 555 linear feet of 8 -inch PVC water distribution main line. Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 2 of 7 2. Install one (1) fire hydrant assembly. 3. Install two (2) 8 -inch gate valves. 4. Install one (1) 6 -inch valve. 5. Provide 555 linear feet of OSHA Trench Protection. b. The Distribution Main Extension must begin at the north property line of J. C. Russell Farm Blocks, Block 9, Lot 13A and extend to the north approximately 555 feet to an existing stub -out. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Collection Line Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by December 31, 2010. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 3 of 7 c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before December 31, 2010. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 4 of 7 f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: RRAH Corpus Christi, L.P. 2400 -A Roosevelt Arlington, Texas 76016 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 5 of 7 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Distribution Main and the construction of the Distribution Main for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the Distribution Main Extension, not to exceed $9,099.15. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30- days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Distribution Main Extension by Developer. 17. COVENANT RUNNIG WITH THE LAND. This Agreement is a covenant running with the land, J.C. Russell Farm Blocks, Block 9, Lot 13A, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 6 of 7 18. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 19. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 20. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2009. DEVELOPER: RRAH Corpus Christi, L.P. By: Randy Stevenson, President Rocky Ridge Affordable Housing, L.L.C., General Partner THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2009, by Randy Stevenson, President, RRAH Corpus Christi, L.P., on behalf of the corporation. Notary Public, State of Texas Construction & Reimbursement Agmt. RRAH and the City of Corpus Christi Page 7of7 THE CITY OF CORPUS CHRISTI: ATTEST: By: By: Armando Chapa 'Angel R. Escobar City Secretary City Manager THE STATE OF TEXAS§ COUNTY OF NUECES§ This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: This day of , 2009 FOR: Lisa Aguilar, Interim City Attorney BY: Deborah Walther Brown Assistant City Attorney for the City Attorney `.,:\`,.., \ \ Ro II Sock 9 J.G RuxM Fam Mode Site P9h 51-88. • + ,,qq �,�\ , \ \\ \\ Rxerb w Naxea Cana. darn. y/yy� 1'\O t ly err# A• as \\ \ \Y' ` ` 981'49'31 wE 984.29' �I l 9�J(,'t'' R '.1T \ .. 7 $c \ lF \ ^ �k% b. l: \ `, \ 4'z q \ Lon 131 I .,, t. �n 'II �, I P• �b aY NA ; \,, q \q' \5�\ I I IDCAl10N W1P N.TS. 1�� $�kp \ \\� `'3.t °'A \\ 5e R li sloe or 1000. rllq'C Cy4C 4S \\ \: �� \\ Izf g County peg .t4 s., G Y of Naxos *� 41t1V X 4 �1 \s \; \ ! \\ c Ill l Juan J. Solana. a Rooters. Prehnkma Lend Surveyor Ice Urban Endin ere,,, have prepared Ma '� Y I al torwe'n9 map loom o ground .��, .nq \ . f best al my knowledes, Informatioonneand tbeech I ,ysnp under under N true m,a earnest le nd a Qr9 1 4 �� \ \ ;\ \\ I Mock earner* w shown hen* end le eampl.b xeh operations with due and reasonable Mime and 111 QQQ``` qqq���,,, ,�� madam! eIU mood prefeeslmd pretence. y kile41 rte'' \ `.. • \� ---- - - - -_ I W. w !!'F.y, e+ ,�. \' .*. \ (u Mon Grmmt j This the ___ day of ______ -_- 2a_ -_ 4'f9 t* \.. . a - -gyp. YxN.c.T. ` *anus _.- __ -_ - -Y • `rep' _ MI. x °iy. ywp.w.112.1.Ym I �_ =- --- _ - �� 1 Ts.w Llnnx No. 0999 —_ a --- - - ---- _ - -_ -- I sta. a )i E— _Omaha Olive '`\ I County o1TNuxes • e r • ,'/ "'�- - -- �� \ - thin Ilnd art, al (he';' dem4x p...,v2 act* MPromd by IM OMarbnml of Benhgmml _, \\ 9erWCx al Ua City d Cepue O.NQ Tesoa. aa'ex. NAM Thb me ___ err d ._ —_- cel 1. Bbek 1 d 1.) Total plotted era* oonlpka QBBB Wep of land. (Includes Sveel Dedication) C*es de Il.mm UnR Ne.y1 I 2.) Set 5/8 Inch ban rods with red pk0tk cop stomped 'URBAN EWA C.C. 12' Records pj'Nboue�Counl l P 005 I _ et dl Lei corner*, =coat where noted. Alan Perdu. Jr.. P.E. Development Service* Engineer I 3.) The roughing raters for slam a*er runoff le bur Oro beak Boon. The 10EO hoe not clmaiMd 1h4 ogoaIk AN use for the Goo Creek, but It le recognized Plot of 81ab of Txw ise on environmentally sensitive erect. °The Oro Creek Row* directly Mt the W Cwnly al wxx Oee Boy. The TCEQ has dose1Red the oquatk life tom s for Cleo Boy a* nceylione and °oyster wult,e' and cole9akad the receiving Rolm as 141 mod pct I Me M:N dawow MOP.", um. 08%0x0 an beholl d the City of Corpus Osten, "contact reemotion' use. J.C. Russell Farm.Bloclra Te.a: by th. piannhq Cemmtam. recorded 1.) Blocks 1, Lot based b mop tf*which N recorded in Volum* 390 Pages Unit Bo and 5T, r-`^�' l�p this the ___ my of __� 22 Yap Records al Nuec*s County, Tang. 8.958 acre. out of Lot 3, Block 9, J.C. Russell 5•) By graphic plotting only, MI property b In Zen. 'C' an Flood Insurance Rata Form Block., a map 51 which ie recorded In sore. 9oedt -Yeeon Rudy Dona, Chairmen -- Ybp. Community one, No..45444 0155 C. City of Carpus Chr1.11. boob. Volume 28. Page. 58 through 59, Map Records of sxraery widen tore an affective date of July 18, 1985 and Ia not in o Special flood Nueces County. Texas. Howard Arm. Solo of hem . county of Num. 4 Diana 1. Berra, oerk of the County Court N and for add Counts do homey artily *hat the 5*,. of T.wm State of Teew forego*, *mtmmed doted U° __ day at __ • 20_.. with Ito ..IIncate of County 01 Nuxa County d Naxos eutkmlkatbn Was Mod fa record N my Oho the -_ doy of _____, 20_- _. At __ 1, etgdd Lwlgdan., herb O'clock _Y., end duty meowed the _ my ** __ - 20 at _ 1Yd,0. _Jr., y certify that 1 am the *ewer of U° land. embrpcad Wade the I, Edmond J. pan., hereby artily Met I am the serer of Me lend* retraced w4Mfo *5. In sale County N Want. _ -, Page -, Yap Records. bamdad.o of the lemming pfd: Met t hove hen odd Inds swum. and 0.610,ided a hamar!. d the fere9oin9 gat; Met l hove hoe Id toms surveyed end subt,ded m Moen; Mot alrxl. Moon * drdkded to Me public use forever: Mat amemmb ado glom; Mal shame @ham ao dodkded a public um larever; Mm eexmenb a man are dedicated to the public ax for Me estdbtlx, aperet'an and use et pub; dhoti ere dedicated le the mate use for the ketmotlon, opvodon mid w. of pPuu*00 *41000 my hand ad ore of U.. County Court, b and for add County, at office '0 Comas Cnrlal1. *hill*, end that his map woe made ter the purpose d murkier', ad ..415011.0. u I N.; and Mat this map wag mad. fa he purpex of dexripll0* en rotation. laves, Me 4e y and year b *t written. 111N the ___ doy of _- ____. RO_... This the __ day of - - - -___--. 20_., Fa_ Fled for Recall - -- Obna T. Born: Canty 5,19 By_ By:____ at -- a'ciaut _Y. Ruams Canty. Tecw b,.d Langan Edmon4 J. Fero -- . 20 By -_ Deputy Moto nly Teo. Stele of Tara* Ca f County of Weems mid Instrument was erkm.iedgal befare me by Ingrid Lmg4an. TIM Ywimment wad ackxwledgm before me by Edmad 4 Fad. Rlu Me ___ day** ________-, 20_- Tda the —_ ear or __- ___, 20----. Ra A lso 100 w 0 too zeta we 114 93. 2000 Wm., Pub4c In and Ia Me Stole or Tem! -- Notary Poblk In and for the Slob al fe as ENOINEERINO SCJBS 1 -met' vMc mEE Jae leg.:',at ',at. a • 100. 9EET: 1 0 1 `3441-t^r, "."It'ktur 011!4111 119: KO ■ EXHIBIT 1 Page 8 of 12 -177- APPLICATION FOR DISTRIBUTION MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT I, Randy Stevenson of RRAH Corpus Christi, L.P., owner and developer of proposed J. C. Russell Farm Blocks, Block 9, Lot I3A Subdivision, herby request reimbursement of $9.099.15 for the improvements to the distribution main waterline in conjunction with J. C. Russell Farm Blocks, Block 9, Lot 13A subdivision, as provided for by City Ordinance No. 25424. Said $21 044 a ction cost, including Engineering, in excess of the lot/acreage fee, as sho •, c. porting documents attached herewith. Aar Ail- lQ fdc • n, President (Date) Rocky Rid: - Affordable Housing, L.L.C., General Partner RRAH Corpus Christi, L.P. THE STATE OF TEXAS )( COUNTY OF TARRANT )( This instrument was acknowledged before me on October 30, 2009, by Randy Stevenson, President of Rocky Ridge Affordable Housing, LLC, General Partner, on behalf of RRAH Corpus Christi, LP. SHARON LAURENCE NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP.8129113 CERTIFICATION Notary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT 2 Page y$of 12 BUEh A VIDA SENIOR [ TLLAGE CORPUS G IRISTI EXHIBIT 3 Pagb1J of 12 Barron Together. Arehiiretrrr • F.nk:neerink • Cirnuruaivr. ENGINEER OPINION OF PROBABLE COST OFF -SITE WATER EXTENSION BUENA VIDA SENIOR VILLAGE CORPUS CHRISTI, TEXAS OCTOBER 23, 2009 ITEM ITEM QUANTITY UNIT ITEM No. DESCRIPTION PRICE PRICE 1 8" PVC Water 555 LF $22.00 $12,210.00 2 Wet Connection to existing 8" water 1 LS $1,500.00 $1,500.00 3 8" Gate Valve 2 EA $750.00 $1,500.00 4 Firehydrant Assembly 1 EA $1,200.00 $1,200.00 5 6" Valve 1 EA $600.00 $600.00 6 Testing & Sterilization 555 LF $1.25 $693.75 7 Trench Safety 555 LF $1.10 610.50 Subtotal $18,314.25 10% Contingency $1,831.43 Engineering & Surveying (6%) llama $21,244.53 Project. Total Credit for Water Acreage Fee (12,145.38) Total Estimated Reimbursement $9,099.15 Barron -Stark Consulting Engineers, LP 6221 Southwest Blvd, Ste 100, Fort Worth, TX 76132. 817.231.8141 • fax 817.231.8144 EXHIBIT 4 Page 8 'bof 12 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with 'NA ". FIRM NAME RRAH Corpus Christi, LP STREET: 2400 -A Roosevelt Drive CITY: Arlington ZIP: 76016 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee NONE 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as uanges occur. Certifying Person: Randy Steve r - Title: President of General Partner (Type or Pri � Rocky Ridge Affordable Housing, LLC __ Date: Miloi Signature of Certifying Person: C:IUSERSISHAROMBUENA VIDAIDISCLOSURE OF INTERESTSSTA yr EXHIBIT 5 Page 12 of 12 H:IDEVELOPMENT SERVICESIDEFERMENT AGREEMENTSU C RUSSELL FARM BLOCKK1Di SIIIITION MAIN REIMBURSEMENT AGREEMENT.DOC Page 1 of 2 AN ORDINANCE APPROPRIATING $9,099.15 FROM THE DISTRIBUTION MAIN TRUST FUND NO. 4030 TO REIMBURSE RRAH CORPUS CHRISTI, L.P., FOR THE EXTENSION OF AN 8 -INCH DISTRIBUTION MAIN, INCLUDING ALL RELATED APPURTENANCES, FOR DEVELOPMENT OF J.C. RUSSELL FARM BLOCKS, BLOCK 9, LOT 13A, AS SPECIFIED IN THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT;AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $9,099.15 is appropriated from the Distribution Main Trust Fund No. 4030 to reimburse RRAH Corpus Christi, L.P., for the extension of an 8 -inch distribution main, including all related appurtenances, for development of J.C. Russell Farm Blocks, Block 9, Lot 13a, located west of Old Brownsville Road (FM 665) and north of Bear Lane, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of November, 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: November 9, 2009 By: i44/47 97,1— eborah Walther Br Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of November, 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/17/2009 AGENDA ITEM: Resolution Authorizing the City Manager to execute an Interlocal Cooperation Agreement with Del Mar College relating to the participation of the City and DEL MAR COLLEGE in Reinvestment Zone Three, City of Corpus Christi, Texas ISSUE: An interlocal agreement is necessary since Del Mar has agreed to partner with the City and County by allocating 100% of their tax increment for nine years. Public improvement projects in TIRZ # 3 will support growth in the downtown area. REQUIRED COUNCIL ACTION: Authorization of the City Manager to execute the Interlocal Cooperation Agreement between the City and Del Mar College PREVIOUS COUNCIL ACTION: Approval of the TIRZ # 3 on December 16, 2008 CONCLUSION AND RECOMMENDATION: Approval of the Interlocal Cooperation Agreement between the City and Del Mar College for Reinvestment Zone three. Irma Caballero Director of Economic Development (361) 826 -3850 Attachments BACKGROUND INFORMATION On December 16, 2008, the City of Corpus Christi approved the creation of a Tax Increment Financing Zone (TIF) over a portion of the city that includes approximately 856 acres. Its boundaries encompass the city's Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street. The primary function of the TIF Zone will be the planning, design, and construction of public improvements. The TIF Zone is expected to be only one of a variety of funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. Through the improvement and enhancement of streets, sidewalks, and public spaces in addition to upgrading infrastructure, the TIF Zone and other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, and improve public facilities and spaces. The City and the County agreed to participate in the Reinvestment Zone by each contributing 100% of its tax increment each year during the term of this agreement on the captured appraised value of real property within the Reinvestment Zone. The current tax rates of the City and County are subject to change and the respective tax increment participation in this agreement pledged shall change to the extent of any change in their tax rates. The agreement becomes effective as of the date of the final signature to the agreement and remains in effect through December 31, 2028. In July of 2009 the Economic Development Department provided a Tax Increment Financing (TIF) presentation for the Downtown TIF # 3 to the Del Mar Board of Regents. Del Mar has agreed to participate in the TIF # 3 for a total of nine (9) years beginning in 2010 with 100% tax increment, through 2018, dedicated to eligible public improvement projects for the revitalization of the City's historic downtown area. THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made by and between the City of Corpus Christi, Texas ( "City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and Del Mar College ( "Del Mar "), a political subdivision of the State of Texas, acting by and through its governing body, the Board of Regents. This Agreement is made under Chapter 791, Texas Government Code, and Chapter 311, Texas Tax Code, for the participation of the City and Del Mar in Reinvestment Zone Three, City of Corpus Christi, Texas ( "Reinvestment Zone "), a reinvestment zone created by the City under Chapter 311, Texas Tax Code. Section 1. DEFINITIONS. (a) As used in this Agreement, the following terms have the meanings set out below: "Agreement' means this agreement between the City and Del Mar. "Agreement Term" is defined in Section 4. "Captured Appraised Value" has the meaning ascribed by Chapter 311, Texas Tax Code. "City" is defined in the preamble of this Agreement. "City's Tax Increment Participation" means an amount of the City's ad valorem tax levy on the Captured Appraised Value, which the City agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Del Mai" is defined in the preamble of this Agreement. "Del Mar Tax Increment Participation" means the amount of ad valorem taxes levied by Del Mar acting through its Board of Regents on the Captured Appraised Value, which Del Mar agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Creation Ordinance" means City Ordinance No. 027996, adopted by the City Council on second reading at its December 16, 2008 meeting. "Plan" means the project plan and reinvestment zone financing plan for the Reinvestment Zone, which are adopted by the board of directors of the Reinvestment Zone and approved by the City Council of the City, as consistent as possible with the preliminary plan described in the Creation Ordinance. Downtown TIF — Del Mar Interlocal 11032009 Page 1 of 5 —189-- "Reinvestment Zone" means Reinvestment Zone Number Three, City of Corpus Christi, Texas, created by the Creation Ordinance, incorporated by reference into this Agreement. "Reinvestment Zone Area" means the area of the City included in the Reinvestment Zone as described in the Creation Ordinance. "Tax Increment" has the meaning ascribed by Chapter 311, Texas Tax Code, and includes taxes levied and collected by Del Mar. "Tax increment Fund' means the tax increment fund created by the City in the City Treasury for the Reinvestment Zone. (b) Terms used in this Agreement and not otherwise defined have the meanings ascribed to them in Chapter 311, Texas Tax Code. Section 2. PURPOSE FOR PARTICIPATING IN THE ZONE. The City and Del Mar desire to participate in the Reinvestment Zone for the purposes of development in the Reinvestment Zone Area under the Plan, for their mutual benefit and the benefit of their citizens. Section 3. OBLIGATIONS OF CITY AND DEL MAR. (a) Tax Increment Participation. For and in consideration of the agreements of the parties set forth in this Agreement, the City and Del Mar agree to participate in the Reinvestment Zone by each contributing into the Tax Increment Fund one hundred percent (100 %) of its Tax Increment each year during the term of this Agreement on the Captured Appraised Value of real property within the Reinvestment Zone. The current tax rates of the City and Del Mar are subject to change and the respective Tax Increment Participation in this Agreement pledged shall change to the extent of any change in their tax rates. (b) Payment Dates. The City and Del Mar may not be obligated to pay their respective Tax Increment Participation from other City or Del Mar taxes or revenues or until the City or Del Mar Tax Increment Participation is actually collected. The obligation to pay the City or Del Mar Tax Increment Participation commences as taxes representing the City or Del Mar tax increment are collected for the City or Del Mar and payment shall be due fifteen (15) days after collection. Section 4. TERM OF AGREEMENT. (a) This Agreement becomes effective as of the date of the final signature to this Agreement, and remains in effect through the earlier of (i) December 31, 2028, or (ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in §311.002, Texas Tax Code, and as may be further limited in the Plan), bonds, notes, or other obligations secured by or payable from, in whole or in part, Tax Increment (referred to in this Agreement as "obligations "), and interest on the obligations payable Downtown TIF — Del Mar Interlocal 11032009 Page 2 of 5 —190— from Tax Increment collected on the Captured Appraised Value of the real property within the Reinvestment Zone have been paid in full. (b) The first payment of Tax Increment by the City under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2008, and the payment shall be based upon those taxes as levied in the year 2008. The first payment of Tax Increment by Del Mar under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2009, and the payment shall be based upon those taxes as levied in the year 2009. The last payment of Tax Increment by Del Mar under this Agreement is for those taxes levied in the year 2018. (c) If the project to be undertaken under the Plan is not undertaken, is discontinued, or is terminated, all monies remaining in the Tax Increment Fund, after satisfaction of lawful claims, must be paid to the participating taxing units in proportion to their respective share of the total amount of tax increments derived from taxable real property in the Zone that were deposited in the Tax Increment Fund during the Fund's existence. In no event shall payment of monies to the participating taxing units exceed ninety (90) days. Section 5. ANNUAL REPORT. On or before the 90th day following the end of the fiscal year of the City, the governing body of the City shall submit to the chief executive officer of each taxing unit, Del Mar, that levies property taxes on real property in a reinvestment zone created by the City, a report on the status of the zone. The contents of the report must contain all information required under section 311.016 of the Texas Tax Code. Section 6. MISCELLANEOUS. (a) Severability. In the event any term, covenant, or condition in this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity does not affect any other term, covenant, or condition in this Agreement contained, provided that the invalidity does not materially prejudice either Del Mar or the City in their respective rights and obligations contained in the valid terms, covenants, or conditions of this Agreement. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties to this Agreement and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied), or other terms with respect to the covenants, whether written or verbal, antecedent, or contemporaneous, with the execution of this Agreement. (c) Written Amendment. Unless otherwise provided in this Agreement, this Agreement may be amended only by written instrument duly executed on behalf of each party. Downtown TIF — Del Mar Interlocal 11032009 Page 3 of 5 —191— CITY OF CORPUS CHRISTI 'Angel R. Escobar City Manager Date: ATTEST /SEAL: Armando Chapa City Secretary Date: APPROVED AS TO FORM: R. 'JayReinin First Assistant City Attorney For City Attorney DEL MAR COLLEGE hark Escamilla, Ph.D President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Mark Escamilla, Ph.D, for Del Mar College, a politica on behalf of the college district. Notary " u. State of Texas " °;\ MARY SUE KASPAR 1,1 Notary Public. 1 SIAth OF IFY: 5 "/ My Cumrn. ia2. i- . Page 5 of 5 Downtown TIF — Del Mar Interlocal 11032009 —192— , 2009, by division of the State of Texas, Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE RELATING TO THE PARTICIPATION OF THE CITY AND DEL MAR COLLEGE IN REINVESTMENT ZONE THREE, CITY OF CORPUS CHRISTI, TEXAS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with Del Mar College relating to the participation of the City and the Del Mar College in Reinvestment Zone Three, City of Corpus Christi, Texas. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the 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, or modifications in scope of work that will be undertaken by Reinvestment Zone Three, City of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 5th day of November, 2009. R. Jyining First Assistant City Attorney For City Attorney Downtown TIF — Del Mar Interlocal Res 11052009 —193— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Downtown TIF — Del Mar Interlocal Res 11052009 —194— Page 2 of 2 16 AGENDA MEMORANDUM PUBLIC BEARING — ZONING (City Council Action Date: November 17 , 2009) Case No. 1009 -09, Owens Brothers: A change of zoning from the "B -1" Neighborhood Business District, "AB" Professional Office District, and "R -1B" One - family Dwelling District to the "B -4" General Business District resulting in a change of land use from vacant land use to general business use on property described as: 1. FARMERS ROW, BLOCK 1, LOT 3C 2. FARMERS ROW, BLOCK 1, LOT 3E 3. FARMERS ROW, BLOCK 1, LOT 3D 4. FARMERS ROW, BLOCK 1, LOT 3A 5. FARMERS ROW, BLOCK 1, LOT 4 6. A 4.7 ACRE TRACT OF LAND OUT OF AND PART OF LOT 2 AND LOT 15, SECTION 10, FLOUR BLUFF & ENC FRM GDN TRACTS Generally located on the southeast side of South Staples Street, approximately 808 feet southwest of Lipes Street. Planning Commission Recommendation (October 14, 2009) Approval of the "B -4" General Business District. Staff's Recommendation Staff recommends denial of the rezoning request due to the incompatibility of the "B-4" District with the abutting neighborhood and the lack of adequate street capacity to handle future traffic from the development. Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: Request: The Applicant plans to develop the properties as a high -end, nixed use, commercial /retail and professional office center. Background: On June 14, 2005 the City Council approved the rezoning of Tracts 1 through 5 from the "R -1B" One - Family Dwelling District and "A-1" Apartment House District to the "B -1" Neighborhood Business District for what is currently Tracts 1 through 4, and "AB" Professional Office District for what is currently Tract 5. The access easement on the southern portion of the subject property was denied a change in zoning to the "B-4" General Business District. It is important to note, that the "B-4" zoned properties to the north and south of the subject properties were zoned in the 1980s prior to any adjacent residential development. The surrounding "R-1B" District was zoned in 1989 when the area was annexed into the city. On October 14, 2009, the Planning Commission recommended approval of the Applicant's request to rezone all of the subject properties listed above from the "B-1" Neighborhood Business, `AB " Professional Office, and "R-1B" One - Family Dwelling Districts to the "B-4" General Business District. Proposed Project Concept Information: The description of the proposed project is as follows: ❖ The Applicant proposes to construct 6 building units with a variety of lease spaces varying in size from 1,250 square feet to 22,200 square feet. -197— Agenda Memo Case No. 1009 -01 (Owens Brothers) Page 2 ❖ The Applicant proposes to use stone and plaster exterior materials in the construction of the mixed use "lifestyle center ", and will incorporate pedestrian plazas, trees, benches, paver accents, canopied walkways, gas lanterns, and iron accents into the design of the project. ❖ The development will provide 2 -3 times more trees than the City's Landscaping Ordinance requires, and includes a landscape buffer and solid screening fence along all the property lines abutting residential uses. ❖ The design of the project also incorporates a stormwater retention pond in an effort to alleviate stormwater runoff from the site. ❖ A lighting consultant will be utilized for the lighting design and to ensure there is no excess light pollution spilling over into the residential areas. The project proposes no access points or cut - through traffic from this development directly into or through the neighboring residential neighborhoods DEPARTMENT COMMENTS: ❖ The uses in the `B -4" District are not appropriate next to "R -1B" One Family Dwelling District zoned property. Some of the incompatible uses allowed in the `B -4" District include hotels, mini - storage, bowling alleys and billiard halls, major and minor auto repair, and taverns, lounges, and bars. Such uses are too intense for the neighboring low- density residential uses. ❖ The site plan provided by the applicant clearly states that the site plan is not for regulatory purposes. ❖ Large amounts (20+ acres) of vacant `B -4" zoned land exists at appropriate corner locations (Staples / Yorktown and Staples / Lipes) to handle future needs for commercial use in the area. ❖ Although not a requirement of the City's Zoning Ordinance, the applicant did not provide a Traffic Impact Analysis for the proposed development in order to assess the impact on the right -of -ways and infrastructure surrounding the site. Notification: Of the fifty three (53) notices mailed to the surrounding property owners, fifteen (15) notices were returned in favor and one (.7 %), was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. VI:1414- Juan Perales, P.E., Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361 - 826 -3828 -198- 14 APT .14-r1IR \CH ARP°\1 Pi.nninn Cnmmi..in&2009 CC \Nnv 0911009 -01 Owens Brothers\AGENDAMEMO 1009 -01 Owens Brothers don Agenda Memo Case No. 1009 -01 (Owens Brothers) Page 2 FGM /ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner" -199 H:\PLN- DIR\SHARED \1. Planning Commission\ 2009 CC \Nov 09 \1009-01 Owens Brothers1AGENDAMEMO 1009 -01 Owens Brothers.doc CITY COUNCIL ZONING REPORT Case No.: 1009 -01 City Council Hearing Date: November 17, 2009 Applicant & Legal Description Applicant: Owen Brothers Owners: Tract 1 -Craig Sico, Brantley White Tract 2- Avesta, LLC / Sheila Tello, Adrian Tello, Vincent Tello Tract 3- Staples Real Estate, LLC / Chong H. Xac Tract 4- Adventure Investments / Muhamad N. Almouie Tract 5- R.L. Owens Tract 6- Mostaghasi Investment Trust/ Hossein Mostaghasi, Mahboubeh Mostaghasi, Hadi Mostaghasi, Hamed Mostaghasi, Taraneh Mostaghasi. Agent: Emily Rozypal -WKMC Architects Legal Description/Location: 1. FARMERS ROW, BLK 1, LT 3C 2. FARMERS ROW BLK 1, LT 3E 3. FARMERS ROW BLK 1, LT 3D 4. FARMERS ROW, BLK 1, LT 3A 5. FARMERS ROW, BLK 1, LT 4 6. A 4.7 acre tract of land out of and part of Lot 2 and Lot 15, Section 10, FLOUR BLUFF & ENC FRM GDN TRACTS, generally located on the southeast side of South Staples Street, approximately 808 feet southwest of Lipes Street. Zoning Report Page 2 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 Zoning Request From: Tract 1-"B-1" Neighborhood Business District Tract 2 -1B -1" Neighborhood Business District Tract 3 - "B -1" Neighborhood Business District Tract 4 - "B -1" Neighborhood Business District Tract 5 - "AB" Professional Office District Tract 6 "R -1B" One - Family Dwelling District To: Tract 1 - "B -4" General Business District Tract 2-"B-4" General Business District Tract 3-"B-4" General Business District Tract 4-"B-4" General Business District Tract 5-"B-4" General Business District Tract 6-"B-4" General Business District Area: Tract 1- 2.272 acres Tract 2- 1.136 acres Tract 3- 1.136 acres Tract 4- 2.271 acres Tract 5- 13.270 acres Tract 6- 4.7 acres Total acres — 24.785 acres Purpose of Request: High end mixed -use lifestyle center for commercial /retail and professional office uses. Zoning Existing Land Use Future Land Use Site Tract 1-"B-1" Neighborhood Business District Tract 2-"B-1" Neighborhood Business District Tract 3 - "B -1" Neighborhood Business District Tract 4 - "B -1" Neighborhood Business District Tract 5 - "AB" Professional Office District Tract 6 "R -1 B" One - Family Dwelling District Vacant, Estate Residential Commercial, Professional Office, Low - density Residential North "B -4" General Business, "R- 1B" One - family Dwelling District Vacant, Low - density Residential Commercial, Low - density Residential East "R -1B" One - Family Dwelling District Vacant, Low - density Residential Low - density Residential South `B -4" General Business Commercial Center use Commercial West "B -4" General Business District, "B -1" Neighborhood Business District, and "R -1B" One - family Dwelling District Low - density Residential, Medium- density Residential, Commercial, Vacant Low - density Residential, Medium- density Residential, Commercial Zoning Report Page 3 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 Area Development Plan: This tract of land is located in the Southside Area Development Plan. The Future Land Use Map indicates that the subject properties are planned for Neighborhood Commercial , Professional Office, and Low- density Residential uses, therefore the request for Commercial uses are not consistent with the adopted Future Land Use Map and the Comprehensive Plan. Map No.: 044032, 045032 Zoning Violations: None STAFF'S SUMMARY: Request: The Applicant plans to develop the properties as a high -end, mixed use, commercial /retail and professional office center. Background: On June 14, 2005 the City Council approved the rezoning of Tracts 1 through 5 from the "R -1B" One - Family Dwelling District and "A -1" Apartment House District to the `B -1" Neighborhood Business District for what is currently Tracts 1 through 4, and "AB" Professional Office District for what is currently Tract 5. The access easement on the southern portion of the subject property was denied a change in zoning to the `B -4" General Business District. It is important to note, that the `B -4" zoned properties to the north and south of the subject properties were zoned in the 1980s prior to any adjacent residential development. The surrounding "R -1B" District was zoned in 1989 when the area was annexed into the city. On October 14, 2009, the Planning Commission recommended approval of the Applicant's request to rezone all of the subject properties listed above from the `B -1" Neighborhood Business, "AB" Professional Office, and "R -1B" One - Family Dwelling Districts to the `B -4" General Business District. Proposed Project Concept Information: The description of the proposed project is as follows: The Applicant proposes to construct 6 building units with a variety of lease spaces varying in size from 1,250 square feet to 22,200 square feet. ❖ The Applicant proposes to use stone and plaster exterior materials in the construction of the mixed use "lifestyle center ", and will incorporate pedestrian plazas, trees, benches, paver accents, canopied walkways, gas lanterns, and iron accents into the design of the project. ❖ The development will provide 2 -3 times more trees than the City's Landscaping Ordinance requires, and includes a landscape buffer and solid screening fence along all the property lines abutting residential uses. Zoning Report Page 4 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 ❖ The design of the project also incorporates a stormwater retention pond in an effort to alleviate stormwater runoff from the site. ❖ A lighting consultant will be utilized for the lighting design and to ensure there is no excess light pollution spilling over into the residential areas. ❖ The project proposes no access points or cut - through traffic from this development directly into or through the neighboring residential neighborhoods. EXISTING LAND USES: The subject property is currently vacant farm land with the exception of one vacant barn on one subject property lot fronting Staples Street which is proposed for removal. EXISTING ZONING: The subject properties are zoned as follows: Tracts 1 through 4 are located adjacent to South Staples Street and are zoned `B -1" Neighborhood Business District. This district allows for single - family, duplex, multiple family, office professional service and a variety of neighborhood retail uses. This District requires a twenty (20) foot building setback from the street right - of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot side or rear yard setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet, not to exceed three (3) stories. Outside storage is not a permitted use in the `B -1" District. Tract 5 is located further east and is zoned "AB" Professional Office District. This district allows for business and professional office uses and also includes single - family, duplex, multiple - family uses (maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in the building or on the property lot. The district requires a front yard setback of twenty (20) feet and a side and rear yard setback of ten (10) feet. The maximum height in the "AB" District is 45 feet, or three (3) stories. Tract 6 is located even further east and is zoned "R -1B" One Family Dwelling District, and is located adjacent to an additional "R -1B" One Family Dwelling District further to the east. The "R -1B" District allows for single - family residential uses, 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, —203— Zoning Report Page 5 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 or industrial district, in which case the depth of that yard is 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 on all the tracts to the `B -4" General Business Zoning District. The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The `B- 4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. The primary difference between the `B -1" Neighborhood Business District and the `B -4" General Business District is that the `B -4" District allows higher intensity commercial uses that are oriented toward serving community or regional shopping and service needs. For example, the `B -4" District allows hospitals, major auto repair, a farmers market as an accessory to a shopping center, clubs, taverns, hotels, mini- storage, radio and television stations, auto sales, and other similar uses. Compared with the `B -1" District the higher intensity uses allowed in the `B -4" District typically generate more traffic, have a larger impact on city utility infrastructure, and greater negative spillover effects when located adjacent to low density residential uses. TRANSPORTATION & CIRCULATION: The subject property will initially have two accesses to South Staples Street. Currently, Staples Street contains four lanes, a center left turn lane, and has a capacity of 24,000 trips per day. South Staples Street is designated on the Urban Transportation Plan as an A -2 Secondary Urban Arterial, with 4 lanes and a median and a capacity of 26,500 to 32,000 trips per day. A funded TxDOT project will begin in 2010 to upgrade the street by installing a median from Saratoga to Oso Creek. Currently, South Staples Street is operating at 98% of its street capacity at a LOS (Level of Service) of "C "1. When the TxDOT installation of the median is completed, and assuming the same 2008 traffic levels, the street will still be at approximately 82% of capacity. If Tracts 5 and 6 (17.97 acres) are rezoned from an "AB" and "R-1B" District to a commercial use district, and the property is developed for a shopping center, there would be a significant increase in the number of trips onto South Staples Street. The difference between the trip generating characteristics of the office / single family uses and the shopping center use is an additional 12,093 vehicle trips per day. The resulting total traffic on Staples Street would be 38,256 average vehicle trips per day, or 120% over capacity. The impact on Staples Street traffic flow would be significant. 1 LOS C is a Traffic Engineering measure of street capacity. LOS C has been adopted in the Urban Transportation Plan as a goal for the functionality of the City's arterial street system. —204— Zoning Report Page 6 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 If the abutting existing vacant "B -4" zoned 12 -acre tract to the north (Staples and Lipes) and the 18 -acre "B -4" zoned property to the south (Staples and Yorktown) are also developed for commercial uses, another 15,000 to 20,000 trips per day could be expected. Even if there was enough right -of -way to add an additional two lanes to South Staples Street, capacity is only likely to be increased to 36,000 average daily trips per day which is still insufficient to handle future traffic from the site and the current vacant commercially zoned properties along South Staples Street.2 Traffic Count: Street R.O.W. Street Existing ROW Urban Traffic Planned Traffic and Paved Transportation Volume Volume /Capacity Section Plan 2008 100' ROW w/ A -2, Arterial 26,163 trips South 70' Back to Back 100' ROW, four day 26,500 average Staples paved section, 5- lane roadway lanes and a median per trips per day INFRASTRUCTURE DEMANDS: ❖ Water: An 8 inch water line runs parallel with South Staples Street. ❖ Wastewater: The City of Corpus Christi has a 10 inch wastewater line running parallel with Staples Street, and a 15 inch line that runs parallel with the easement along the southern portion of the project site. ❖ Stormwater: A stormwater line runs parallel with South Staples Street, and an additional line runs parallel with the easement along the southern portion of the project site. ❖ Gas: A gas main is available to the proposed site and runs perpendicular toand across South Staples Street. 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 South Staples Street. ENVIRONMENTAL CONSTRAINTS: ❖ FEMA Flood Zone: Flood Zone "X" areas outside the 1- percent annual chance floodplain. 2 Urban Transportation Plan — A -3 Primary Arterial: capacity of 36,000 average daily trips. —205— Zoning Report Page 7 COMPREHENSIVE PLAN CONSISTENCY: Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 The adopted Future Land Use Map designates the subject property for Neighborhood Commercial, Professional Office, and Low - density Residential uses; therefore, the proposed "B -4" "General Business" Zoning District is not consistent with the City's Comprehensive Plan for all the tracts proposed for rezoning. Policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans 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. Staff Comment: The adopted Future Land Use Plan supports neighborhood commercial, office and low density single family residential uses for the subject properties. A change to "general business" uses would not be consistent with the Comprehensive Plan. The location of the site which is not at or near a major arterial / arterial intersection creates high traffic generating uses at a mid -block location and will cause more congestion on a major roadway. Approval of the rezoning would create an incompatible land use adjacency for the remaining planned single family property. 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. Staff Comment: Staff is concerned that the requested `B -4" zoning designation for Tract 6, which is located adjacent to low - density residential uses, may be too abrupt of a transition between these two uses. —206— Zoning Report Page 8 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 AREA DEVELOPMENT PLAN CONSISTENCY: Southside ADP Land Use: B.4 - POLICY STATEMENT "....commercial zoning regulations, in concert with the Comprehensive Plan policies... should control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity..." Staff Comment: Control over the size of commercial centers should be done in a manner that will not overwhelm the existinz or planned infrastructure. Rezoning of the subject property to higher intensity zoning will have a significant impact on the existing and proposed road system. Sizing of recent improvements to the wastewater and storm drainage system did not include commercial uses at this location and will also need to be reevaluated to determine if they will need to be upgraded to handle the increase in density and intensity that approval of this rezoning could create. 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. B.7 - POLICY STATEMENT New high- intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Staff is concerned about the higher density of the proposed project in its adjacency to low - density, single-family use areas. The site plan submitted for the proposed project indicates that landscape buffering is proposed along all the adjacent residential uses onsite, in addition to the construction of a solid screening fence. Lighting of the project will also be designed to prevent any lighting spillover into adjacent residential areas. B.11 — Policy Statement Limited commercial expansion will be allowed along the west and east sides behind the Staples Street and Everhart Road commercial corridors. Sensitivity to the remaining residential neighborhood will be achieved by limiting expansion of commercial development to the following conditions: A) Total depth of commercial development between the street row line (Staples or Everhart Road) and the neighborhood shall generally not exceed 300'; —207— Zoning Report Page 9 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 B) Require replatting to combine lots in order to access Staples Street or Everhart Road; C) Commercial retail driveway access shall be restricted to Staples Street or Everhart Road; D) A standard screening fence and tree planting buffer will be required between the commercial properties and the remaining residential neighborhood. This buffer will be consistent with the requirements in the "B -1A" Neighborhood Business Zoning district; and E) Implementation of this policy should be on a case by case basis through special permit and replatting process. Staff Comment: The project proposes to extend beyond the 300 foot maximum recommended depth into the neighborhood, extending approximately 1,230 feet into the neighborhood. Two ingress/egresses are proposed off South Staples Street, and eventually there is the possibility that the Applicant will utilize additional ingress and egresses available to the site, located south of the project and connecting to Yorktown Blvd. PLAT STATUS: Tracts 1 through 5 have been platted, Tract 6, consisting of Lot 2 and part of Lot 15 has not been platted, a metes and bounds description as been included as an attachment. RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 7): The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 57 points. DEPARTMENT COMMENTS: The uses in the `B-4" District are not appropriate next to "R -1B" One Family Dwelling District zoned property. Some of the incompatible uses allowed in the `B- 4" District include hotels, mini- storage, bowling alleys and billiard halls, major and minor auto repair, and taverns, lounges, and bars. Such uses are too intense for the neighboring low - density residential uses. • The site plan provided by the applicant clearly states that the site plan is not for regulatory purposes. • Large amounts (20+ acres) of vacant `B -4" zoned land exists at appropriate corner locations (Staples / Yorktown and Staples / Lipes) to handle future needs for commercial use in the area. • Although not a requirement of the City's Zoning Ordinance, the applicant did not provide a Traffic Impact Analysis for the proposed development in order to assess the impact on the right -of -ways and infrastructure surrounding the site. —208— Zoning Report Page 10 Applicant: Owens Brothers /CC Lifestyle Center Case #: 1009 -01 PLANNING COMMISSION RECOMMENDATION: Approval of the Applicant's request to rezone the subject properties to the `B -4" General Business District. STAFF RECOMMENDATION: Staff recommends denial of the rezoning request due to the incompatibility of the `B -4" General Business District with the abutting neighborhood and the lack of adequate street capacity to handle future traffic from the development. Comments Received Number of Notices Mailed Total 53 within 200 foot notification area; 9 outside notification area Favor 15 (inside notification area); 0 (outside notification area) Opposition 2 (1.36 %) (inside notification area); 0 (outside notification area) Number of Courtesy Notices Mailed Total 469 within 1000' area Favor 0 Opposition 8 As of October 30, 2009 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. Site Survey 9. Tract 6 Metes & Bounds 10. Conceptual Site Plan —209— • • • Attachment 1 Attachment 2a } -• Lig!tlkrdrrstrial =L• 'Ea .kroraiaiiii 41.1. F Gi% eNri,F Gkk S `a4aiii.40 Corridor -.DC • corrs12∎ atrarrJPrieserratrbrr MCP ..'Wager' Attachment 2b Attachment 3 #.1f .MaA.Rth 81 ROGER $#lep. A # }BYO' 4.'. t ''`E S.`JING ZVI7g�r :NOTi t' RE . &.OWNERSHIP r +41•!^erd H..eF• Ctilr1 • F iA IyrSeiriF Hr t iii +gunerlIHfaae•1kilcl. }3 Y PrYes:siell tl'¢'l ;dlstlL4 P sr. •/y�beph•.rc I ils}idr.. . -1. iehrrrrri.i'ereYess.ptii i ;7a'.1el.lillhrrl•Yigiess. ktl -2 9+1:TI•DI PR'ss api1k1 .. -211.:. .Yr[rW Islrsl Yip-Fess'AlI F -3 •Yraress E1sFt1••" . -h. fenny ei.ii..4lsk1 : _i'rlre•Y R1arrii 9�,i1c1'. ir Prleirj Brakes's.rre iiibd'.. 'T- 'CrNd a Irist:9e*¢r Detlnr.gliL' Iron nr0r'otId ,_ 111 .1d {iJlrr.lRrlirf. Pre$erlialli • 4.. 7 , umHel UrlraFYl •11s1rEl (s. ulhl tyycika'P1 .i 'Herjrslrrllr Yk ktl u p; p{rrrl Il I.h eycl.piehil . R= 1n'are Fel"- YlIIpl I.Fd. R,re..:'d1r Frwir7Y o�II W o1sHd . A,ie ;lard. Firli'o1Si11t ors lid'. R-7 rH }IF I iiI I•Ii •(I 4A rr. F.,iI Y�IIM YIrjIFJ R£: IhsflenlFl �100.101d • il, ll T q�llry dl1 Fd. : OpgrM113enuill flyer P.k o k1fd T -76 Y*y.rtlreJ yrnr,Prk II I1d '_T 7q YrailltirKl.1(e i111•ilsYr•M1' oylFd Attachment 4 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1009 -01 Name: Owens Brothers 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: 53 Returned undeliverable: 3 Favor: 15 (23.42 %) #9, 25, 30, 31, 32, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46 Opposition: # 12, 49 2 (1.36 %) II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 9 Returned undeliverable: 3 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 2 Opposition: 0 IV. Responses received from 1000 -foot Courtesy Notification area: Total number mailed: 469 Returned undeliverable: 12 Favor: 0 Opposition: 8 —221— U. \PT T.1_11T17 \Q1-T A 12 Flt \1 P1 annine Commission\2009 PC\2009 Public Comments\1009- 01.doc ArrAci -trn�, r Co m� C W l��.N • .: . . N ZO �2 LS-2_Om H V 0r bcc 1 � 1 � gy .�� °�.9i•> n q ~ '.D ° G [ , Z aZD:GN '- 2-m H N m x b Oc 1 7 1 �� S �V Vi9 . f.- :. . 4x 2 GS 1Z=O =W m x b1 i 1 �f.o- ,t',.'. D1 . - Y '> O ix Z 42O Z -A m x V 1 i 1 Wi`r. 'I ., . i>2Lt-2O Z-m NS 1 i i v �C .D q • 1 Z y m m -1 � s 'M r� i-d • . 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NOTIFICATION OUTSIDE 200' SCOTT ELIFF !KINGS CROSSING NEIGHBORHO BARCLAY GROVE NEIGHBORHO BUCKINGHAM ESTATES NEIGH rRCLAY GROVE NEIGHBORHOI RCLAY GROVE NEIGHBORHO ATTN MIKE BORDER ATTN CHIEF HOOKS IRMA CABALLERO 23 O x x o 6018 KING TR. 14028 MINT TRAIL Ca NJ 0 9 0 0 n 2 0 17101 GINGERBERRY 6901 SIR GERAINT ST. 7217 CRAPEMYTLE DRIVE 5757 ST. STAPLES, 5184009 2406 LEOPARD 2406 LEOPARD 2401 LEOPARD CORPUS CHRIS 11 CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI (CORPUS CHRISTI --I X X X X X X X X mm A A. A W m mm a Y 5 w CVO a o A P. CCa o aA 00 a ss W.. o SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth IL 100 More Policies for Implementation ", provided by the Smart Growth Network. ATTACHMFN 1 # 7 Zoning Case:_ #1009 -01 Owens Brothers /CC Lifestyle Center From: "B -1, AB, R -1B" To "B -4" Answer Pts. Weight Score Will the re•uest s romote develo• ment that fosters the following`' 1. Mix land uses. 8 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail /service? 2 uses added 1 use added 2 1 x 3 6 Reuses closed, decommissioned, or obsolete institutional uses? Yes No 1 0 Y 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 2 2 + uses 1 2. Takes advanta , e of com . act buildin . design. _- 0 Utilizes reduced setbacks and/or compact development that supports more Yes 1 stores and restaurants within a neighborhood boundary, or creates opportunities x 3 to pursue a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower - density Yes 1 Y 2 neijhborhoods? No 0 0 3. Creates a range of housing opportunities and choices. 3 Implements a range of housing options with a variety of types and unit sizes within the communi ? (condos, townhomes, single -famil , a.artments) Yes No 1 0 x' 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed- income developments and/or low - income Yes 1 x 3 homeowners and individuals to reduce building costs and uses available No 0 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 x 3 range in pricing available for varying income levels for sale or lease? No 0 3 4. Creates walkable neighborhoods. 6 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance commutes? Yes No 1 0 x 3 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 , 3 development or connects to existing sidewalks? No 0 3 Promotes development so children are close enough to walk to school? Yes No 1 0 Y 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 4 The building is an existing building that is historic in any way, or provides Yes 1 x2 focus on a historical, cultural, or natural attributes? No 0 0 Utilizes established standards for building size, density, and architectural Yes 1 standards and locates development in areas that reflect the "vision" of the Area No 0 x 2 Develo.ment Plan, the Future Land Use Ma., and /or Com.rehensive Plan? Promotes shopping and makes retail centers distinctive and attractive Yes 1 x 3 destinations and gathering places where residents frequent on the weekends? No 0 3 Revitalizes the waterfront, beach, or bay areas? Yes No 1 0 x 3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x 3 0 —224— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. Preserves critical areas for water- quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes I x areas; utilizes land management techniques, to decrease the amount of pollution No 0 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 Y environmental impacts? No 0 0 Supports tree preservation onsite and /or provides adequate tree landscaping at a Yes 1 Y minimum) to replace trees being removed? No 0 ' Provides community green open space or includes useable green space for Yes 1 1 x outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 _ 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 farmland? No 0 0 7. Stren 1 hens and directs develo 1 ment toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/4 mile 2 x 4 1/4 to'/ mile 1 y, +miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 x 3 health, sufficient to serve the project? No 0 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 x 3 would make the property a productive piece of land? No 0 0 Will the project encourage commercial and retail investment in underserved Yes 1 x 3 communities? No 0 3 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 x 2 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 0 Is the project in an area with declining school enrolment that threatens its Yes 1 neighborhood schools with closure or support residential use in areas with No 0 x 2 0 historically declining school enrollment? S. Provides a variety of transportation choices. 9 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 r 3 No 0 3 9. Makes development decisions predictable, fair and cost effective. 6 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x 2 Plan? No 0 0 The project is consistent with the Area Development Plan? Yes 1 0 x 2 0 No Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without Yes 1 ,t 3 0 significantly decreasing the transportation levels of service for surrounding No 0 areas? - Will the project design incorporate systems for reducing storm water runoff or Yes 1 \ 3 provide onsite retention? No 0 3 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high unemployment or chronic poverty? No 0 x3 3 Point Grading System: Smart Growth Rating Total Points A A A nn -. nn _ _ A .A A .4.. ,.� 57 4. . 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = w w w w au -iuu pt, _ —225— 20' notification line 4TTliCHrflWr .� Vacant = Vacant Vacant Lot Lot Lot N 28' 52' 33' E 119.79'. CURRENT ZONING: 0 -10 U.F. —� LOT CURRENT ZONING: 9-4 To Lopes el N 28' 62' 33 E 14— 7.5' U.E. 30 CURRENT 106910: R -19 666,0, 450 Dr. Vacant 7317 7321 7325 Lot -638. 06'-457 E- 491,99'- — (Address not known) LOT 2, SECTION 10 FLOUR BLUFF • ENCWAL FARM • GARDEN TRACTS VOL A, ICS, 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS 207.28696 5F, 4.7 AC CURRENT ZONING: 0-111 PROPOSED ZONING: 11-4 7329 7333 1 1 ••411 90' Oratnage Easement IUp' Drainage A(M� - g N °II ,_ e '0 -5.26' s6'-0r W—stre- — — ▪ k— — 7402 South Stapes 5t. LOT 4, BLOCK 1. FARMERS ROW SUBDIVISION. VOLUME 66, PAGES 64-66, MAP RECORDS OF NUECI3 COUNTY, TEXAS 578,005.70 SF, 13.270 AC CURRENT ZONING: AB PROPOSED ZONING: 11-4 826.97'30 W 9__0' 5 28' 97 30' W 291.12' 5 26• s7' 30 W i S 28' 67' 30- W 290' 09 7330 South Staples St. LOT 3A, BLOCK 1, 91,929 SF, 2.271 AC CURRENT 2014196: R -18 5 7302 South Staples St. 7322 South Staples 5C 7326 South Stapes SC' LOT 3C, LOT 3E, / LOT 3D, y� BLOCK 1. 9,00(1. ` BLOCK 1, 99,966 SF, 49,476 551, 49,476 SF, 2.272 AC 1.136 AC 1.136 AC CURRENT ZONING: 6-1 PROPOSED 2014 IN: 8-4 CURRENT ZONING: 6-1 CURRENT 20NING: 8-1 $ r0P05ED ZONING: 6-4 -' 0POSED ZONING: B-$ e e 3 w V N 28' 07' 3 E 291.04 N 28' 67' 3051 973.12' jot N CURRENT ZONING: 0.1 PROPOSED ZONNG: 11-4 Existing Site 8 1/2 x 11 1196 111_9- W 1932.10' 10' Temporary Construction Casement 15' 10' Dedicated Easement 20' Utility Easement 10' Temporary Construction Easement LOT CURRENT ZONING: B-4 TO YORKTOWN -► LOT CURRENT ZONING: B-4- TO YORKTOWN - - - -• -► LOT CURRENT ZONING: 0-4. 50' 45' 35' 20' 10' 20' INCOMPLETE NOT FOR REGULATORY APPROVAL, PERMIT,OR CONSTRUCTION NAME: Emily Rozypal, AIA REGISTRATION : #1 9900 DATE ' WKMC Architects 1" =200' 104 Project Name: CC Lifestyle Center Project Address: 7406 Staples Street P� _ Existing Site Project No: inrnl lc Chricti To ?27§.11 Sep 25 C.i9 :71:10p Owens, Engireeririg Co. 36166419C1 Arri4 •tir- ''FtrcoN DEL c-. 0 9 LEGENO e Found: 1-on RociI C., Set Iron Roo 04' '71 co m '.2 1.6 4., itt.r 4Cf.e.1 CA":4e- • trts, f. 1,. Os, 5 2r. 56' 03 W 119.22 61' 03' 57" W 12.66' 5 28' 56* 03" W 25 15' 01" 77.55' GRANT ENRICA-e:- • tu, showing 4.7t.- Are tract f ic2nCi o., Of Lot Zi z,nct Lot 15. 'Section IC air ihe Flour Biuir .1.1 Encino/ 'arm & Garden r't s recordee VOI. A, Pq: Mao Rer:ords 14L.eces Count?. Texas. Atso Perris out of -RtolCON DEL 050- ENFIDLIEZ* VILLAREAL GRANT A-1 . Situoted wrthin the rAy limits of Corpus Christi, Nueces County, Trixo$. Fienring is tne SE line of Lot rerne,..‘e- Psw Subvf■vinis,k C.; rctsuCtL EL Mao c-c-s, Drown lett, WARNING! oter qor S-OW ALL PCCuriCS. CABLES. OBSTRUCTIONS, OWNEti5fP OR OTHCR PTINENT .AFOi$0,tteN THAT WY 13E FOCtIC, 9 MIT SE:9A'r:04. P191 IS 134ER •.EF13:4. a7.0 MCI:x[147D PACAI1'112: oj. ICON Afe.P 4ND 2,1 tIF,V_ZE -.F.C1Ru.,,Tiatt CTIAYErN,:; poRtcomEC AI. CPS 99:: t.9114713 TU WAY WHICri IS RECUESIED. BY CI. EN- 0 WENS BROTHERS WC." "Crne- 4-.7 Acres out of Lot 2 & Lot 15 Section 10 PH d: EP & GT -r- 414i C'•-7.• —09 ; WANSENeglEFR/M7 C. LITL. SAMINITOS • Mani-ORS 2k /P. ose-D P.0 Box 29 Ph. (3CI.1664-4662 E''JD , Texas 76111 Fax t361.1684—!:901- t. E . ktfist., 2stp...; a■W'MUSAV k `9. :eaf,se ,rcher 'it.',, ! Cg,Cr ra o,c Bat JI xe....ce. .70 Re..e. 4/15/tri 7,saniond ,s —227— 9 A"..\ Locos A.. • oi."'oo's Is ■-• A C' Oxars Enginteeriny Co- 3616641S01 STATE OF TEXAS: COUNTY OF NUEf S: FIELD NOTE DESCRIPTION 4.7 ACRE TRACT OF LAND NIECES COUNTY, TEXAS FIELD NOTE DESCRIPTION of a 4.7 are tract of land, out of and part. of Lot 2 and Lot 15, Section 10 of the Flour Bluff & 6atcinal Farm & Garden Tracts as recorded in VOW= A, Page 41-43, Map Records, !Faeces Conroy, Tee. Also being out of "RO CQNDEL " & .:WE VILLARE✓[i GtT.A_N'F Abstract l . Situated within the city limits of Corpus Christi, Nueces County, Texas. Said 4,7 acre maw of land is atone particularly described by motes and bounds at follows, to-wit: BEGINNING at a 5/8" lean rod found, for the Southwest line of Lot 13, Block 3 of the Barclay Grove Unit 1 as regarded in Vol. 56, Pg. 61.62, Map Regis,. Names County, Texas same bring the Northeast cotterof Lot 4, Block I of the Farrow s Row Subdivision as recorded in Vol. 66, Pg. 64.66, Map Recoi s, Nueces County. Texas, for the Northwest toner of this tract, for the POINT OF BEGINNING of this description, from whence a 518" iron rod f o u n d f o r the S o o t h e = s " c o m e r o f s a i d L o t 4 o f Fa ther`s Row Subdivision, bears S 28" S6' 03" 9l, a distance of 422.8E fret (Record Call S 28' 56' 03" W — 922.95 feet) THENCE S 61' 05' 48" E, with the Southwest line of said Lot 13, BTock3 of Barclay Grove Unit I and the Southwest line of Lot 14 and Lot 15 of said Barclay Grove Unit I, and continuing with the Southwest line of Lot 37, Block 3 of Barclay Grove Unit 2 as recorded in Vol. 57, Pg..145, Marx )wards, Nueces County, Texas, a disance of 287.66 f e e t to a n o n rod set, fora Northwest cotnerof Lot 1, Block 5 of tart King's Point Utn't 6 as recorde a is Vol - 67, Pg. 6, Map Records, Nueccs County, Tetras, for the Northeast corner of this tract, from whence a 5/8" iron rod found for the Northeast earner of said Lot 1, Block 5 of King's Point Unit 6 brims S 6 ' 05' 48"- E a 6stance. of 80.00 feet= THENCE S 28'56' 03" W; with the Northwest line of said Lot 1, Block 5 of King's Point Knit 6, a distance of 119.= feet to an iron rod set, for the Sotnh nest corner of said Lot 1, Bloch 5, for the Northeast right -of -way tine of Chamomile Q., for an upper Southeast corner of this nnaet; THENCE N 61' 03' 57' W, with the Northeast right-of-way line of Chamomile Cr.(50.00' 8,O.W.), a distance of 12.66 feet to a 5;;8" iron rod found, fora corner of said Kings Point Unit 6, for an inner cantor of this tract; THENCE S 28' 56` 03" W, with the Northwest tine of said Chamomile Cr (5€1.00' R.O.W.), a distance of 50.00 feet to an iron rod set, for the Northwest corner of Lot I, Block 9 of said King's Point Unit 6, anei ciir ier'of tlfis tract THENCE S 25'15' 01" W, with the Northwest line of Lot 1, Block 9 of said King's Point Einit 6, a distance of 77.55 feet to a 5/8" iron rod found, for an inner comer of Lot 1, Stock 9 of said King's Point Unit 6, foran-Etat corner of this tract_ THENCE S 28' 56' 03" W, with the Nortkwes: lints of Lots: 2,.3.4, 5., 6, 7 sad 8 of Bieck 9 or said King's Paint Unit 6, a distance of 491.28 feet to a Sf8" iron rod found, for the Southwest corner of Lot 8, Block 9 of said King's Point Unit 6, for he Northeast Ike of a 100' wide drainage right -of -ways, for the lower Southeast corner of this tram THENCE N 61'03' 57" W. with the Northeast line of said 100' drainage right-of-way, a distance of 2779.98 feet to an iron rod set, for the Southeast line of said Lot 4, Block 1 of Footer's Row Subdivision, for the Southwest comer of this tract THENCE N 28` 56' 05" E, with the Southeast line of said Lot t, Block 1 of Farmer's Row SSubdivisian, a distance of 737.74 feet to the POINT OF BEGINNING, and being 4.7 Acres of land, more or less. Existing R -18 Arreq c#4m€ / rr 10 Existing R-18 Drainage •U•ment Existing 8-4 -are _T.___ Existing 8-4 Existing 1-4 Existing B -4 App.ted curb ••�"".-.•.' Appmsed susb art at by T.Dm by TeDot South Staples Street. F.M. ROAD 24441108' ROW) Site Presentation INC"CrirPttETE NOT FOR REGULATORY APPROVAL, PERMIT,OR CONSTRUCTION NAME: Emily Rozypal, AIA REGISTRATION : #19900 DATE • WKMC Architects 1" =200' 1 103 Site Presentation Project No: 09032 Project Name: CC Lifestyle Center Project Address: 7406 Staples Street 2 2 9— Corpus Christi, Texas 78413 Date: 09/25/09 c ECTS phone: 361 -887 -6696 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, October 14, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldafia, AICP, Senior City Planner Lisa Wargo, Senior Planner Deborah Brown, City Attorney Debbie Goldston, 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 5:35 p.m. PUBLIC HEARING AGENDA ITEMS B. ZONING New Zoning a. Case No. 1009 -01 Owens Brothers — A change of zoning from the "B -1" Neighborhood Business District, "AB" Professional Office District, and "R -1B" One - family Dwelling District to the "B-4" General Business. District resulting in a change of land use from vacant land use to general business use 1. FARMERS ROW, BLK 1, LT 3C 2. FARMERS ROW, BLK 1, LT 3E 3. FARMERS ROW, BLK 1, LT 3D 4. FARMERS ROW, BLK 1, LT 3A 5. FARMERS ROW, BLK 1, LT 4 6. A 4.7 ACRE TRACT OF LAND OUT OF AND PART OF LOT 2 AND LOT 15, SECTION 10, FLOUR BLUFF & ENC FRM GDN TRACTS Generally located on the southeast side of South Staples Street, approximately 808 feet southwest of Lipes Street. Planning Commission Minutes October 14, 2009 Page 2 Lisa Wargo, Development Services, presented a PowerPoint presentation. Staff stated that the Applicant plans to develop the properties as a high -end, mixed use, commercial /retail and professional office center. The uses in the "B -4" District are not appropriate next to "R -1B" One Family Dwelling District zoned property. Some of the incompatible uses allowed in the "B -4" District include hotels, mini- storage, bowling alleys and billiard halls, major and minor auto repair, and taverns, lounges, and bars. Such uses are too intense for the neighboring low- density residential uses. The primary difference between the "B -1" Neighborhood Business District and the "B -4" General Business District is that the `B -4" District allows higher intensity commercial uses that are oriented toward serving community or regional shopping and service needs. For example, the `B -4" District allows hospitals, major auto repair, a farmers market as an accessory to a shopping center, clubs, taverns, hotels, mini - storage, radio and television stations, auto sales, and other similar uses. Compared with the `B -1" District, the higher intensity uses allowed in the `B -4" District typically generate more traffic, have a larger impact on city utility infrastructure, and greater negative spillover effects when located adjacent to low density residential uses. Large amounts (20+ acres) of vacant `B -4" zoned land exists at appropriate corner locations (Staples / Yorktown and Staples / Lipes) to handle future needs for commercial use in the area. Although not a requirement of the City's Zoning Ordinance, the applicant did not provide a Traffic Impact Analysis for the proposed development in order to assess the impact on the right -of -ways and infrastructure surrounding the site. Proposed Project Concept Information: The description of the proposed project is as follows: ❖ The Applicant proposes to construct 6 building units with a variety of lease spaces varying in size from 1,250 square feet to 22,200 square feet. ❖ The Applicant proposes to use stone and plaster exterior materials in the construction of the mixed use "lifestyle center", and will incorporate pedestrian plazas, trees, benches, paver accents, canopied walkways, gas lanterns, and iron accents into the design of the project. • The development will provide 2 -3 times more trees than the City's Landscaping Ordinance requires, and includes a landscape buffer and solid screening fence along all the property lines abutting residential uses. ❖ The design of the project also incorporates a storm water retention pond in an effort to alleviate storm water runoff from the site. ❖ A lighting consultant will be utilized for the lighting design and to ensure there is no excess light pollution spilling over into the residential areas. • The project proposes no access points or cut - through traffic from this development directly into or through the neighboring residential neighborhoods. -231- Planning Commission Minutes October 14, 2009 Page 3 EXISTING LAND USES: The subject property is currently vacant farm land with the exception of one vacant barn on one subject property lot fronting Staples Street which is proposed for removal. EXISTING ZONING: The subject properties are zoned as follows: Tracts 1 through 4 are located adjacent to South Staples Street and are zoned `B- 1" Neighborhood Business District. This district allows for single - family, duplex, multiple family, office professional service and a variety of neighborhood retail uses. This District requires a twenty (20) foot building setback from the street right - of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot side or rear yard setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet, not to exceed three (3) stories. Outside storage is not a permitted use in the `B -1" District. Tract 5 is located further east and is zoned "AB" Professional Office District. This district allows for business and professional office uses and also includes single - family, duplex, multiple - family uses (maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in the building or on the property lot. The district requires a front yard setback of twenty (20) feet and a side and rear yard setback of ten (10) feet. The maximum height in the "AB" District is 45 feet, or three (3) stories. Tract 6 is located even further east and is zoned "R -1B" One Family Dwelling District, and is located adjacent to an additional "R -1B" One Family Dwelling District further to the east. The "R -1B" District allows for single - family residential uses, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, 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 is 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 on all the tracts to the `B-4" General Business Zoning District. The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The `B- 4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. -232- Planning Commission Minutes October 14, 2009 Page 4 The primary difference between the "B -1" Neighborhood Business District and the "B -4" General Business District is that the "B -4" District allows higher intensity commercial uses that are oriented toward serving community or regional shopping and service needs. For example, the "B -4" District allows hospitals, major auto repair, a farmers market as an accessory to a shopping center, clubs, taverns, hotels, mini - storage, radio and television stations, auto sales, and other similar uses. Compared with the "B -1" District the higher intensity uses allowed in the "B -4" District typically generate more traffic, have a larger impact on city utility infrastructure, and greater negative spillover effects when located adjacent to low density residential uses. Staff Comment: Staff is concerned about the higher density of the proposed project in its adjacency to low- density, single - family use areas. The site plan submitted for the proposed project indicates that landscape buffering is proposed along all the adjacent residential uses onsite, in addition to the construction of a solid screening fence. Lighting of the project will also be designed to prevent any lighting spillover into adjacent residential areas. Staff recommends denial of the rezoning request due to the incompatibility of the `B -4" District with the abutting neighborhood and the lack of adequate street capacity to handle future traffic from the development. Fifty -five notices were mailed out in the 200 foot radius, 15 were returned in favor and one in opposition. In favor, prior to this evening's meeting, was 22.68% and in opposition, .07 %. Public hearing was opened. 1. Brian Stone, representing Owens Brothers, 5007 Greenbriar, Corpus Christi, Texas, introduced Emily Rozypal, Architect for the proposed project. 2. Emily Rozypal, 4633 Bethlehem, Corpus Christi, Texas presented a PowerPoint presentation demonstrating the plans of the proposed project, a high -end lifestyle center, which if approved, construction will begin as soon as possible. Commissioner Tamez inquired as to the timeline for this project, Mr. Stone stated that the timeline on the project breaking ground is approximately six months if approved. Vice Chairman Huerta asked about the consideration of a Planned Unit Development (PUD). Mr. Stone stated that the idea of a PUD would be very cost prohibitive. Commissioner Nadkarni stated that no traffic study was performed by the applicant. Information gathered from the TxDOT website was provided by the applicant. Vice Chairman Huerta commented that deceleration lanes might need to be considered regarding the traffic. 3. Stan Owens, 5314 Greenbriar, Corpus Christi, Texas. Mr. Owens stated that the traffic study was not performed because he felt like the TxDOT information was sufficient. There are future plans on the TxDOT website for Staples St. construction and Yorktown St. construction. He stated that he is a longtime resident of Corpus Christi and his company is here for the long term. -233- Planning Commission Minutes October 14, 2009 Page 5 Commissioner Adame asked if there could be any controversy in the community concerning this project. Mr. Owens stated that his group will follow through with the original plans presented and does not expect any community controversial issues to arise. Vice Chairman Huerta brought up the possibility of a special permit allowing a maximum square footage for the largest building being limited to 75,000 square feet. 4. Thomas Horton, 7325 Gingerberry, Corpus Christi, Texas. Mr. Horton stated that he is opposed to a shopping center being located right behind his back yard. He said he is not trying to stop progress, but doesn't like the narrow buffer zone of approximately 30 feet behind his property. He stated that he would not object if sufficient fencing was built behind their yard. Mr. Horton stated he is concerned about neighborhood property values falling. Stan Owens stressed that his group will continue to work with the area neighbors to make the project agreeable to them. He stated that he feels this project would benefit the neighbors and the community. Commissioner Tamez stated that he is concerned with the timing of this project with the economic times. Mr. Owens stated that once the tenants have signed on, he will begin construction as soon as possible. Chairman Garza stated that he likes the project and the location for it. Regarding the ownerships of all six properties, Chairman Garza has concerns about the possibility of the owners not selling after all, and opening a business different than what is being proposed at this hearing. Mr. Stan Owens stated that he already owns the large tract at Staples and Lipes which is already zoned `B4 ". Mr. Owens said that he also owns Tract 5. Deborah Brown, Legal Counsel, stated that there is an agreement with all the property owners and Emily Rozypal represents them in obtaining the zoning change. In response to Chairman Garza, Mr. Owens stated there is a written agreement to purchase all of the tracts included in the application and the property sale is currently is escrow. Public hearing was closed. Vice -Chair Huerta made a motion to approve the "B -4" General Business District for tracts 1, 2, 3, 4, 5, and 6 with the special provision that no building on any one tract be greater than 75,000 square feet. In response to Vice -Chair Huerta's motion, Mrs. Brown stated because the "B -4" General Business District has no building size restriction no restriction can be requested in the motion. Mrs. Brown stated if the application is denied and a Special Permit was issued then a building size provision could be added. Commissioner Nadkarni stated that he thinks this case should have a special permit and is concerned about what could happen to the project if the site were to be rezoned to the "B -4" General Business District. He stated this is more relative to a PUD. -234- Planning Commission Minutes October 14, 2009 Page 6 In response to Commissioner Nadkarni, Ms. Rozypal stated there are two entrances on the corner lot and two on the proper✓ which have already been approved by the Texas Department of Transportation. Ms. Rozypal stated the fifth entrance is currently in use and off of Staples Street. Vice -Chair Huerta amended his motion. Motion to approve the "B -4" General Business District was made by Vice -Chair Huerta and second by Commissioner Tamez. In response to Commissioner Nadkarni, Mrs. Goode -Macon stated there are no size restrictions on buildings in the "B -4" General Business District. In response to Commissioner Nadkarni, Mrs. Brown stated that the only way any restrictions could be applied to this request would be if it were a PUD and Mr. Owens already stated that this option is not desirable. In response to Commissioner Huerta, Mrs. Goode -Macon stated uses that are allowed in the approved district cannot be excluded. Mrs. Goode -Macon stated retail uses cannot be excluded. Mrs. Goode -Macon stated the City's Ordinance is very broad in respect to permitted uses. In response to Commissioner Adame, Jay Reining, Legal Department, stated approval of the "B-4" General Business District will include all uses allowed in the "B -4" District. In response to Commissioner Nadkarni, Mrs. Goode -Macon stated although inclusion of restaurants could be added to a "B 1 -A" District, the `B 1 -A district is restrictive. Commissioner Taylor called for a vote. Motion passed with Commissioner Nadkarni in opposition and Commissioner Skrobarczyk being absent. -235- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY OWENS BROTHERS, BY CHANGING THE ZONING MAP IN REFERENCE TO (1) FARMERS ROW, BLOCK 1, LOT 3C, (2) FARMERS ROW, BLOCK 1, LOT 3E, (3) FARMERS ROW, BLOCK 1, LOT 3D, (4) FARMERS ROW, BLOCK 1, LOT 3A, (5) FARMERS ROW, BLOCK 1, LOT 4, AND (6) 4.7 ACRE TRACT OF LAND OUT OF AND PART OF LOT 2 AND LOT 15, SECTION 10, FLOUR BLUFF & ENC FRM GDN TRACTS, FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT, "AB" PROFESSIONAL OFFICE DISTRICT AND "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Owen Brothers, 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, October 14, 2009, during a meeting of the Planning Commission, and on Tuesday, November 17, 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 (1) Farmers Row, Block 1, Lot 3C, (2) Farmers Row, Block 1, Lot 3E, (3) Farmers Row, Block 1, Lot 3D, (4) Farmers Row, Block 1, Lot 3A, (5) Farmers Row, Block 1, Lot 4, and (6) a 4.7 acre tract of land out of and part of Lots 2 and 15, Section 10, Flour Bluff & Enc Frm Gdn Tracts, located on the southeast side of South Staples Street, from "B -1" Neighborhood Business District, "AB" Professional Office District, and "R -1 B" One - family Dwelling District to "B -4" General Business District. (Zoning Map 044032, 045032) (Exhibit A, Planning Commission Recommendation and Applicant's Request). 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. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda 111 - 1742261 0wen Brothers B -1 AB R-1B to B4 Appl & Plann Comm.doc Page 2 of 3 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. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: A(W/4 , 2009 borah Walther Bro Assistant City Attorney For City Attorney Joe Adame Mayor, City of Corpus Christi H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \11 -17 \1009 -01, Owen Brothers B -1 AB R -1B to B4 Appl & Plann Comm.doc —237— 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:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \11 -17 \1009 -01, Owen Brothers B -1 AB R -1B to B4 Appl & Plann Comm.doc —238— B -4 ROGER SURD AN MARIN B -1 !N G P46F !46F 13 afll'd�71a7:[ei..2.71: �' Ra1:1IZSPis CASE # 1009 -01 PLANNING COMMISSION RECOMMENDATION APPLICANT'S REQUEST EXHIBIT A From: B -1, AB, R -1B To: B-4 ORDINANCE: 2 , O'LOCATION MAP S -_,, 17 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: November 17, 2009 Public hearing to consider and Ordinance exempting Nueces River irrigation Park, Block 2, Lot 2A, subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. ISSUE: The City Council, with the recommendation of the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendations (November 11, 2009): Approval of the request for wastewater acreage fee exemption for Nueces River Irrigation Park, Block 2, Lot 2A, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage /lot, pro -rata and tap fees. REQUIRED COUNCIL ACTION: Approval and passage of an ordinance exempting Nueces River Irrigation Park, Block 2, Lot 2A from payment of wastewater acreage fees and requiring the owner /developer to comply with the specified conditions. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D Exhibit E — Exhibit F — Background Information Allison Wastewater Master Plan — Ordinance — Letter from Developer Location Map Sanitary Sewer Connection Agreement Juan Perales,/Jr., P.E. Interim Assistant City Manager Department of Development Services JohnnyP @cctexas.com (361) 826 -3828 H:1PLN -DIR \SPECIAL SERVICES\PLATS\EXEMPTION\NUECES RIVER IRRIGATION PARK\BLOCK 2, LOT 2A.COUNCIL AGENDA MEMO.DOC -243- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V.B.6.1), the developer's representative, Murray Hudson, Urban Engineering, is requesting exemption from wastewater acreage fees for a tract of land known as Nueces River Irrigation Park, Block 2, Lot 2A. The property is located south of Northwest Boulevard (FM 624) and east of River Hill Drive. The proposed Lot 2A will be used for the construction of a new church. The area is located within the Allison Wastewater Treatment Plant's Master Plan. The Allison Wastewater Treatment Plant Master Plan was adopted by City Council in September 2004. According to the Master Plan, Lot 2A is to be served by a 10 -inch gravity line that would extend south along the proposed extension of River Hill Drive to the extension of County Road 52. The 10 -inch line would connect to a 24 -inch gravity that would extend east along the extension of County Road 52 to County Road 69. The 24 -inch line would connect to a 30 -inch gravity line that would extend east along County Road 52 to the County Road 52 Lift Station. (See Exhibit B) The nearest existing wastewater line is located in the River Ridge Subdivision located east of the subject lot. The existing wastewater lines are near capacity and not a viable option of service for Lot 2A. The wastewater system mentioned above that is in accordance with the adopted Master Plan is not in place. The first item that needs to occur is the construction of the County Road 52 Lift Station. Currently, there are no funds available to construct the proposed lift station. It is Staff's determination that wastewater services will not be available to the area within the 15 -year timeframe. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement would be executed that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay the applicable wastewater acreage, pro -rata and tap fees at that time. For reference, the amount of the Wastewater Acreage fees are $9,393.93, based on the current rate of $1,443.00 per acre. Planning Commission Recommendation (11111/09): Approval to exempt Nueces River Irrigation Park, Block 2, Lot 2A from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage /lot, pro-rata and tap fees. EXHIBIT A H:1PLN- DIRISPECIAL SERVICESIPLATSIEXEMPTIOMNUECES RIVER IRRIGATI01Z41 BLOCK 2, LOT 2A.COUNCIL AGENDA MEMO BACKGRD.DOC /--� NORTHWEST COUNTRY CLUB I up. RN NUECES RILER ij44j1FF y {� IRRIGATION PARK spa �f t IMAM 73<.. 1 ►,;' l. N. . 1' 1 t I. ' sl_ , 34.A4 I EXISTING L_. ----" ��m m y,'_ L gat: WDODRlVER I e4 8- Q E 1 Or ! FORCE MAIN oat .. 87 _ O E . r '.IY... '-.. r.r `/- t V i .r ' F CALLALLEN .•• MA a . - �, �. �FM RD 624 (NORTHWEST BLVD)' 41 + LVp) kI a� SFWEk a�.q ..r (t A. .a. ,« 41 53 S ¢e r. s t.. ..a n h 6 r499.99% PROPOSED CO RD 52 . LIFT STATION ' OP = 15.09 UM) 1 SEWER n:A =�•= CO RD 52 m t. 3 ?-B •YE i T 'LT"' 37-C.4 Si EXH /BET B Page 1 of 3 ORDINANCE EXEMPTING NUECES RIVER IRRIGATION PARK, BLOCK 2, LOT 2A, SUBDIVISION FROM THE PAYMENT OF WASTEWATER LOT OR ACREAGE FEES UNDER SECTION V. B. 6. I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Nueces River Irrigation Park, block 2, Lot 2A ( "Subdivision ") is located South of Northwest Boulevard (FM 624), east of River Hill Drive and is not currently served by the City wastewater system; WHEREAS, the owner /developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the Nueces River irrigation Park, block 2, Lot 2A ( "Subdivision ") is located South of Northwest Boulevard (FM 624), east of River Hill Drive, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner /developer compliance with the following: a. That the owner /developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. Page 2 of 3 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 17th day of November, 2009. ATTEST: Armando Chapa City Secretary APPROVED: November 9, 2009. CITY OF CORPUS CHRISTI Joe Adame Mayor eborah Walther Brown First Assistant City Attorney For City Attorney 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 Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EXHIBIT "-A" SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Grace United Methodist Church, 11222 Leopard Street, Corpus Christi, Texas 78410, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Nueces River Irrigation Park, Block 2, Lot 2A, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer /Owner, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property; b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c. To pay applicable pro -rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; d. To subdivide the Development no further than what is shown on the Plat of Nueces River Park, Block 2, Lot 2A, attached as Exhibit 1; further subdivision of the Development voids this agreement; and Sanitary Sewer Connection Agreement Grace United Methodist Church Page 2 of 3 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record plat and not require wastewater line construction. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE NUECES RIVER IRRIGATION PARK, BLOCK 2, LOT 2A, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES,_WH/CH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. —250— Sanitary Sewer Connection Agreement Grace United Methodist Church Page 3 of 3 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this day of , 2009. DEVELOPER /OWNER: Grace United Methodist Church 11222 Leopard Street Corpus Christi, TX 78410 Richard E. Shurley Trustee Chair STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, Richard E. Shurley, Trustee Chair, Grace United Methodist Church. APPROVED: November , 2009 By: Juan Perales, Jr., P.E., Development Services Engineer APPROVED: November , 2009 By: Deborah W. Brown Assistant City Attorney For City Attorney Notary Public, State of Texas H:\ LEG- DIR\SHARED\LEGAL- DEV.SVCS\2009 AGENDA \11- 171SANITARYS2 " CONNECTION AGMT. -GRACE METHODIST CHURCH- NUECES RIVER IRR.PRK..DOC J Oft Ji1•:i WE s 8 Sanitary Sewer Connection Agreement Grace United Methodist Church Northwest Elout.wrd - -4 (PALL.) 9E 31% 1t a 1 e 'C Yor+MW a 5/9 it, Sesww_Mt. on tarot AL'LR OULOIMI r w•1..0 /VA WAS . 1.M Z N4oe1 Ile 1 t YIN Y�e woe �iaext 1 a1B n t L_ 1 II @� a 1 8 B G I1 E I 1. s ..! i€s 1 R 8 8 Y. 8 8 i 1 8 SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1 —252— 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/17/2009 AGENDA ITEM: Motion to proceed with options regarding the re- development of the Memorial Coliseum site. ISSUE: The re- development of the Memorial Coliseum, which has been vacant since 2004 Attachments -255- Irma Caballero Director of Economic Development IrmaCa @cctexas.com (361) 826 -3850 BACKGROUND INFORMATION Last week, staff distributed a Memorandum outlining several basic options to the City Council concerning the future use of the Memorial Coliseum site. Those options have been expanded and amplified in connection with this agenda item and can be divided into two different groups: one set of options involving one or more third parties in the redevelopment of the Memorial Coliseum and adjacent areas, and a second set of options in which the City initially proceeds on its own with plans for the Memorial Coliseum site. Of course, if the City Council were to elect one of the options in the second group, it always could seek the involvement of third parties at a future date. The first group of options involves third party users for the site. The City conducted a Request for Proposals (RFP) process and selected Brass Real Estate as having the top proposal for negotiation on September 8, 2009. Those negotiations were terminated on October 27, 2009, and the City Council has the option of commencing negotiations with one of the other proposers. Although the advisory committee recommended two proposers for presentation on September 8, 2009, the City Council has not formally determined who the next alternate was. As a result, the City Council may select one of the other proposals submitted as the next alternate and authorize negotiations with that proposer. Although five proposals were received in response to the RFP, the proposal from NRP Group, Inc. was withdrawn, and the proposal concerning the Columbus Ships was deemed non - responsive. As a result, the only two options noted below are the National Swimming Center Corporation and Leisure Horizons, Inc. The City also has the ability to lease the Memorial Coliseum to a party without the necessity of going through a new RFP. Staff has received an unsolicited proposal from Tim Lange, the majority owner of the Ice Rays hockey team, and that proposal also could be considered by the City Council. Based on the above, the options involving third party users are described as follows: A. Options Involving Third Party Users: 1. Authorize Negotiations with National Swimming Center Corporation. The National Swimming Center Corporation (NSCC) is a non - profit corporation and a USA Swimming Foundation partner. It proposes to develop Memorial Coliseum into one of five regional premier aquatic centers being developed around the country. In addition to the development of swimming pools within the Coliseum, the project would include the construction of a hotel, restaurants and a retail center. Initial contact was made with NSCC as requested after the October 27, 2009, City Council meeting. NSCC was provided the deal points developed through the Brass contract negotiations as a starting point. The NSCC representatives later confirmed that they were still interested in developing a project in Corpus Christi and that the proposed deal points did not present a problem for them. In particular, they accepted the $2 million limit on the City's investment in the project, and they accepted the obligation to maintain the Coliseum in the future as part of the lease terms. They stated that the height limitation of 50 feet could be a problem for the proposed hotel development and the creation of a water feature in front of the Coliseum, but the rest of the development would be well under that limitation. When asked how tall the hotel and the water feature might be, they said up to 75 feet, but the specifics of the design and number of hotel rooms had not yet been developed. 2. Authorize Negotiations with Leisure Horizons, Inc. Leisure Horizons, Inc. (LHI), principally owned by Joseph Prevratil, proposes a mixed -use entertainment attraction with food /beverage and meeting spaces. The project includes a "Memorial Fountain" in honor of veterans, a special effects theater, exhibition space, a 2,000 seat arena, family electronic learning center, an international concourse for retail operations, and an indoor food court and restaurant/banquet facility. LHI has secured $20,000,000 in funding and understands the only cash the City will invest is $2,000,000. This project could be implemented quickly, and it would create 210 full- and part -time jobs. According to the presentation materials, it would provide a new and unique entertainment complex and pay the City $1,000,000 in rent payments each year with an escalation clause to cover CPI increases. LHI also was seeking that a portion of sales and property taxes generated by the development be shared by the City up to a total amount of $3,000,000 in order to defray a portion of the development costs. Funds for future maintenance needs will be set aside by LHI. This project would not impact the view of the Bay, would preserve the Coliseum and provide a new entertainment venue for tourists and residents alike. 3. Authorize Negotiations with Tim Lange of the Corpus Christi Ice Rays. The Tim Lange proposal solely pertains to Memorial Coliseum, and the City would be free to develop or not develop the rest of the site on its own terms. The only limitation would be to assure the required number of parking spaces for Coliseum use. Although minimal specifics were provided in the proposal, the rate of rent proposed would be variable based on the extent of maintenance responsibilities assumed by the tenant. The issue of competition with American Bank Center also was open to negotiation. The City's expenditure would be limited to $2,000,000, and Mr. Lange would be responsible for the rest of the renovation costs. His proposal indicates that he is ready to proceed with the restoration as soon as the lease can be negotiated. 4. Issue a New Request for Proposals for Development of Memorial Coliseum. The City Council could issue a new RFP for development of the Coliseum. Such an RFP either could be an `open" RFP similar to what was done in the last round or it could be a more specific RFP stating the required standards and attributes of the deal required by the City. The process would take approximately 4 to 6 weeks to develop the RFP, 6 to 8 weeks in order to allow developers adequate time to prepare responses, and another 4 to 6 weeks for evaluation by City staff, any advisory committee appointed, and the City Council. The entire process could take 14 weeks to 20 weeks in order to complete. The time for contract negotiation would need to be added to that estimate once a developer was selected. —257— B. Options Involving the City Proceeding Without a Developer: 1. Authorize Staff to Develop Plans for Demolition of Memorial Coliseum. The process for demolition of the Coliseum would take approximately 22 weeks to complete. Work segments include 4 to 6 weeks to award a contract for an asbestos inspection report and projected remediation costs. Occurring simultaneously would be a contract award with an architectural firm to develop demolition plans and drawings. Six weeks would be required to advertise, bid and award the demolition contract. The budget for demolition remains at $2,000,000 to remove the entire building and clear the foundation to five feet below the surface. Demolition of the entire building, hauling and disposal of the debris would take from 8 to 10 weeks after approval by City Council. 2. Authorize staff to Prepare Plans for a Bond Election for the Restoration of Memorial Coliseum. The earliest vote for a bond election to restore Memorial Coliseum would be May 8, 2010. The election would need to be called approximately 60 days before that date, and prior to that time staff would need to prepare initial cost estimates and options for the restoration of the Memorial Coliseum in order to determine the amount of bond funds required. As a result, the schedule could become relatively tight depending upon the different options for restoration that might be considered. A bond election also could be held on November 2, 2010, in connection with the next general election for State and County officials. Costs for such an election could be shared with Nueces County as a joint election. The City also has identified the November 2, 2010, election as a possible election date for Charter amendments proposed by the last City Charter Revision Commission, although the Charter amendments could be placed on the ballot at any upcoming election date. 3. Authorize Staff to Prepare Plans for the Partial Restoration of Memorial Coliseum. A partial restoration of the Memorial Coliseum could range anywhere from only replacing the roof and improving the landscaping to replacing the roof and clearing out the interior in order to make it ready for some future development. Additionally, the exterior walls could be removed in order to create an open -air pavilion, however, the costs for such a project would need to include installation of a soffit or other barrier under the roof to protect the metal roof supports similar to the way they are covered on the exterior overhang at the building entrance on northbound Shoreline Drive. The costs of a partial restoration would be dependent upon the extent of the construction work to be completed and would require the procurement of design professionals and contractors in the same manner as noted for the demolition process above. More time would be required in connection with the preparation, review and approval of the plans, however, due to the different options available in the restoration. Procurement and completion of the design work for City Council review should take 8 to 12 weeks. Depending on the costs of the partial restoration, the City would need to look at funding sources available, including certificates of obligation, a bond election or other sources. 4. Authorize Staff to Develop Plans for Demolition of Memorial Coliseum and Creation of a Park Conservancy similar to the Discovery Green Project in Houston. This option involves the demolition of Memorial Coliseum utilizing the same procedures outlined above and proceeding with the creation of a park conservancy similar to the Discovery Green Project in Houston as proposed by Mark Scott. That project was designed and implemented through the assistance of Project for Public Spaces (PPS), a non - profit organization founded in 1975 and dedicated to helping people create and sustain public spaces that build stronger communities. The established resume for PPS has spanned over thirty years and their work can be seen in 47 states, 26 countries and 2000 communities. Ranging from civic squares to regional public transportation, from national parks to federal buildings in local communities, PPS has assisted communities in identifying their sense of place. PPS has performed previous work in Corpus Christi for the RTA in connection with its Livable Communities Initiative. Discovery Green transformed twelve acres of unused green space in Houston's downtown which spurred significant private investment adjacent to the site in excess of $400 million dollars. Discovery Green has become a focal point of Houston's downtown, and the $41 million investment by the City has been more than doubled with private investments. Of course, the scale of the project in Corpus Christi could be much different, but the initial investment would require the approximately $2 million required for demolition and such additional funds as needed in order to create the park improvements. C. Consider other options The above list is not an exhaustive list and the Council may request information on additional options. Additionally, certain options may be combined or direction can be given to staff to further prepare certain options concurrently for further consideration. The individuals circulating petitions concerning the Coliseum have until Monday, November 30, 2009 in order to submit their completed petitions to the City Secretary for review. If sufficient signatures are obtained, the initiative election would not be placed on the ballot until the next City Council elections on May 14, 2011, according to the City Charter. As additional background materials, please note the following attachments: 1. Proposal from Tim Lange of the Corpus Christi Ice Rays. 2. Proposal by Mark Scott concerning the Discovery Green Project. 3. Report dated September 8, 2009, by John D. Bell concerning legal issues related to the use of Memorial Coliseum. (10/3012009) Armando Chaps ESCOBAR ANGEL_LTR WITH MEMO.tif e 1 Attachment 1 Telephone: (361) 992-9198 Mr. Angel Escobar City Manager 901 Leopard Corpus Christi, Texas 78401 BRENTCHESNEY Attorney and Counselor Holly Oaks Proksaiooal Plaza 5402 Holly Road Building B, Suite 2202 Corpus Christi, Texas 78411 e-mail: breotjchesaeyyaol.com October 30, 2009 Facsimile: (361) 9914223 Dear Mr. Escobar, Attached please find a proposal that my client Tim Lange would hie considered by the city. I will send copies to the city secretary for dissemination to the city council. Please pass this on to any of your staff that you feel appropriate. Thank you for your consideration. Brent Chesney ;_(10/302009) Armando Chapa ESCOBAR -ANGEL LTR WITH MEMOtif Page 2 TIM LANGE 233 Hereford Corpus Christi, Texas 78401 (361) 289 -5701 (telephone) (361) 289 -5704 (fax) October 30, 2009 To: Angel Escobar City Manager 901 Leopard Corpus Christi, Texas 78401 From: Tim Lange I would like to reiterate my strong support for the Brass project. However, if this project is dead as it appears to be, then I would hie the council to consider an independent proposal from me to refurbish the coliseum as a coliseum and entertainment venue. My understanding is that a land lease does not require an RFP and we want the council to know clearly we are still very interested and willing to make this project happen right now with no further financing needed. If the council were to consider me I would like to point out the following: 1. I would be happy to let the city serve as the master developer and develop the area as they see fit as long as continued adequate parking for the coliseum was maintained and the city maintained responsibility for its parkland. While we would be willing to take on a bigger role, if the city is tndyconcerned about developing the Bayfront and how it is done, this control revisiting in your hands would take care of that. 2. If a very low priced lease was given I would be willing to enter into a very favorable maintenance agreement. 3. We have the cash in band with no !artier Manatee involved and drawinp ready to go and could start as soon as all permitting was done. This is something no one else can offer. The swim canter requires millions of dollars of financing even if they do have 20 million dollars sitting in a bank. 4. Our plan does not impose on any park land and would still give the city the opportunity to follow the Bayfront Master plan with no deviation whatsoever. The swim canter does not provide that ability. 5. We are not opposed to some sort of restrictions on use so as not to damage the American Bank Center 6. We do not have the hurdles to overcome that the swim center will have since much of what they propose is what people didn't like in the Brass proposal 7. We are very comfortable with the inctive package and need nothing more than what has been offered. 101:30d609) Armando Chapa ESCOBAR-N*19El_ 17"R WITH gEMO.tif Pa .e Let me again reiterate my support for Bran. However at the same time we must do what we can for this city and our plan is doable right now. Prather, we can not make the Ice Rays profitable in the American Bank Center but we can in the coliseum which would then ensure the long term success of this franchise for Corpus Christi. It would be a destination for many hockey events and skating events from all over Texas. It would also provide the city with a beautiful refurbished coliseum valued I believe in the area of 25 million dollars for an investment of only 2 million dollars by the city. Thank you for your consideration in this Matter. cc: Mayor and City Council Attachment 2 Proposal: Making Lemonade out of Lemons In its simplest terms, I propose we tear down the coliseum and get on with our lives. However, I would like to propose a concept for an urban park experience, incentivize private development (on private land) and create a truly unique memorial to our veterans. The general goal will be to create a unique urban park destination, (I propose "Memorial Park ") with a significant Memorial feature, while taking the basket of incentives we were proposing to use with the Brass project and offer them to any land owner in that area of downtown. In the end, we would have a great urban park, similar to the Discovery Green Park in downtown Houston, and leverage it along with incentives to stimulate private development in that area. As such, I propose we move forward with: 1) Remove Memorial Coliseum — I am going to request that we task the City Manager with setting out the necessary steps to demolish the building. I am assuming there are several steps that need to occur whether you renovate or remove the building such as an Asbestos Report (necessary for either renovating or demolishing). I understand that we will visit with the National Swim Center group, but want to move both conversations along a parallel track so that time is not lost. 2) Create a Park Conservancy — This Conservancy would consist of private sector individuals (again similar to the Discovery Green project) and be tasked with coordinating the park design and fundraising for its completion. I see the Conservancy managing the park's maintenance once completed. I also see the park effort as a public /private venture that would include the City of Corpus Christi, the Downtown Management District and the Memorial Park Conservancy. The park land would include several pad sites for restaurants and retail shops. Again, I propose using the Discovery Park concept in Houston as our guide on this initiative. 3) Engage the Mayors Committee on Veterans Affairs as well as other veteran organizations to work with the Conservancy /City in developing a truly unique and regionally (if not nationally) recognizable memorial. The Memorial would be incorporated in the Memorial park. 4) Take the "basket of incentives" that we were offering in our most recent RFP and in negotiations with Brass and offer them to the private land owners in that area of downtown. Let's work to leverage this park and incentives to create the development we are working so hard to gain. The goal various groups have been working for include maintaining public space, recognizing the Memorial dedicated years ago, and stimulating development. The Memorial Park concept can achieve these goals, probably with the least amount of controversy and public outcry. Houston Downtown Park: "Discovery Green" 1 Project for Public Spaces (PPS) Page 1 of 6 C1PPS P R O-I l:. l' P1.:131.1(' SP. t('9.S Building Community Creating Places Using Cornmmon Sense Log In /Register PPS.org Home » Project Ex "Discovery Green" Houston, TX (2005 -2008) Client: Discovery Green Conservancy The new Discovery Green in Houston is the city's first major downtown park. The project transformed 12 acres of underused green space and parking lots near the convention center into an urban oasis. PPS's concept plan for Discovery Green, Houston's new Downtown Park. Working with Discovery Green Conservancy —a group of local foundations, philanthropists and civic officials— Project for Public Spaces facilitated a community visioning process to develop a program for the new park, which was conceived as "Houston's Backyard." The PPS plan focused on creating a number of irresistible destinations in Discovery Green, since there were deep fears that no one would use the park in a downtown where —264— Houston Downtown Park: "Discovery Green" 1 Project for Public Spaces (PPS) Page 2 of 6 only 3,500 people actually live. These destinations range from a one -acre lake with cafe, interactive fountain, and playground; a market promenade, enlivened by a farmer's market on Thursdays; a signature restaurant, with event spaces and "tree house" balcony extending into the tree canopy; dog runs for small and large breeds; a stage and sitting lawn; as well as spacious green lawns. The design was completed by Hargreaves Associates and a management plan was developed by ETM Associates. The park opened last spring, and has been phenomenally successful —an estimated quarter - million people visited between April and the end of June. A new restaurant built right in the park, The Grove, is doing far better than its preliminary estimates. According to Guy Hagstette, President of the Discovery Green Conservancy, "The meeting planners love the park, and it has helped Houston attract conventions and fill downtown hotel rooms." As soon as plans for the park were announced, a new highrise residential building, One Park Place, was proposed by a local developer. It is now nearing completion. The building, with 21,000 feet of retail and 345 apartments, represents approximately $145 million of new investment. Last March, a new$300 million office building and retail center, Discovery Tower, broke ground on the north side of the park. And the city and Houston Endowment are partnering on an RFP for a new convention hotel on the last remaining empty block alongside the park, opposite the existing Hilton Hotel. Current estimates are for a project that will be in the $350 -400 million range. under -used green space. Widespread worries that people would not come to the park, which is located in what was until now an out -of- the -way part of downtown, have disappeared. One reason for Discovery Green's success is the sense of ownership felt by people in the surrounding community. PPS initiated a series of meetings and workshops with downtown workers, neighborhood residents, cultural and environmental organizations, the Hispanic community, young people, and others. Virtually every group contributed valuable ideas that were incorporated into the park's -265- Houston Downtown Park: "Discovery Green" 1 Project for Public Spaces (PPS) Page 3 of 6 plans. Insiders around Houston say the inspiring vision for Discovery Green park helped attract unprecedented levels of funding from private foundations and donors. And those funders stayed engaged in the project, actively contributing to the planning and development of the park through the Houston Downtown Park Corporation and the Discovery Green Conservancy, which manages the park. According to an article in the Houston Chronicle: "The park is attracting development that's bringing energy to east downtown. And the city's $41 million investment in Discovery Green, coupled with twice that sum in private funding, has set a standard for parks that will influence public officials and donors for generations, park advocates say." The Conservancy held a contest to name the new park and "Discovery Green" was chosen from over 6,000 entries. -266- Houston Downtown Park: "Discovery Green" 1 Project for Public Spaces (PPS) Page 4 of 6 —267— Houston Downtown Park: "Discovery Green" Project for Public Spaces (PPS) Page 5 of 6 Support Great Places - Become a PPS Member Email this page Welcome Project for Public Spaces (PPS) is a nonprofit organization dedicated to creating and sustaining public places that build communities. About PPS Who We Are What We Do Our Project Experience Jobs & Intemships Contact Us 700 Broadway, 4th Floor (at 4th Street) New York, NY 10003 P: (212) 620 -5660 F: (212) 620 -3821 E: info @pps.org www.pps.org Get Involved FREE Making Places Newsletter Discussion Forums Donate to PPS Become a Member -268- Attachment 3 LEGAL ISSUES RELATED TO COLISEUM PROJECT September 8, 2009 City of Corpus Christi, Texas CONTENTS Summary of Conclusions (2 Pages) Detailed Analysis and Summary Texas Historical Commission Process Bond 2008 Requirements Master Plan Requirements Limitations on Park Lands Initiative & Referendum Process Title Restrictions Procedures Relating to Demolition Prepared by John D. Bell Wood, Boykin & Wolter A Professional Corporation 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 —269— LEGAL ISSUES RELATED TO COLISEUM PROJECT Summary of Conclusions Texas Historical Commission Process If the City leases a project site greater than five acres for development, advance notice must be sent to the Texas Historical Commission for review. The Commission has 30 days to elect to conduct a survey to determine whether anything of archeological significance exists at the site. If the City elects to demolish or modify the Coliseum, no notice to the Texas Historical Commission is required unless the City elects to utilize state or federal funding for the project. Bond 2008 Requirements The Bond 2008 language does not mandate the creation of a festival park north of the Coliseum. In determining the final construction drawings for the Bond 2008 funds, 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 City may elect to include portions of the northbound lanes (75 feet width overall) of Shoreline Drive, as part of any development. The "strong" connection to McGee Beach and the Coopers Alley L -Head does not specify any particular width or configuration. Master Plan Requirements The City Council may modify the adopted master plan to incorporate some form of private development in the area north of the Coliseum. Summary 1 of 2 -270- September 8, 2009 Limitations on Park Lands Areas denoted as Sherrill Park, the playground area on Kinney Street, McGee Beach and McCaughan Park are parklands and cannot be sold or subject to long -term lease with a change in use without approval by a majority of the voters at an election. Initiative & Referendum Process If the initiative petition is successful and the voters approve the ordinance in May 2011, the City Council will be authorized to rebuild the Coliseum. The issues of whether and how to . appropriate funds from future operating or capital budgets are left to future City Councils. The initiative language concerning rebuilding the Coliseum to its "original condition" does not mandate that the Coliseum not be air conditioned or not have accessible restrooms. The Coliseum could have air conditioning, restrooms, and such other features including a swimming pool, ice rink or other facilities as determined by the City Council. In the event that the City Council elects to demolish the Coliseum prior to a vote in May 2011, if the initiative is successful the future City Council would be authorized to rebuild the Coliseum as noted above. Title Restrictions This property was conveyed to the City with a restriction to be used for "public purposes ", but the City Council may lease this property for such time and under such terms and conditions and for such purposes as determined by it to be in "the best interest of the City." The original 1957 statute gave the City Council unqualified discretion regarding leases, and 2003 amendments further clarified that any economic development purposes authorized under Chapter 380 are allowed. Procedures Related to Demolition The following steps would be required in connection with demolition of the Coliseum: 1. Procure Architectural/Engineering Consultants for Plans 2. Conduct Survey for Asbestos and Other Hazardous Materials 3. Develop Plans and Specifications for Demolition 4. Solicit of Competitive Bids or Proposals for the Demolition 5. Appropriate Funds Necessary for Demolition Contract 6. Award of Demolition Contract to One or More Contractors 7. Remove Asbestos and Any Other Hazardous Materials from the Site 8. Demolish the Coliseum and Clear Site Summary 2 of 2 —271— September 8, 2009 LEGAL ISSUES RELATED TO COLISEUM PROJECT Detailed Analysis and Summary Texas Historical Commission Process The Texas Antiquities Code, Chapter 191 of the Texas Natural Resources Code, applies generally to state archeological landmarks which may involve both buildings such as the Coliseum as well as historical and pre - historical American Indian artifacts. The project site is located on approximately fifteen feet of fill materials deposited at that location in the 1940's in connection with construction of the seawall. As a result, the potential for the discovery of any historical or pre - historical American Indian artifacts or other artifacts in the ground at the project site is virtually nil. Under the Code, the City must provide advance notice to the Texas Historical Commission prior to the commencement of a project which affects a cumulative area larger than five acres. Since the proposed lease area may exceed five acres, this requirement would apply to the potential development of the site. Section 191.0525 specifically requires notice for: (d) A project for a county, municipality, or an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, requires advance project review only if the project affects a cumulative area larger than five acres or disturbs a cumulative area of more than 5,000 cubic yards, whichever measure is triggered first, or if the project is inside a designated historic district or recorded archeological site. The Texas Historical Commission is charged with determining whether a historically significant archeological site is likely to be present at the project location and if any additional action or an archeological survey is necessary. The Commission has 30 days to make the determination. If it fails to respond within the 30 days, the project may proceed. If the Commission determines that an archeological survey is necessary, the project may not commence until the archeological survey is completed. A separate provision requires that no state agency may alter, renovate or demolish a building possessed by the state that was constructed at least 50 years before the alteration, renovation or demolition with notifying the Committee. (Section 191.098) That provision does not apply to the Coliseum since it is owned and possessed exclusively by the City of Corpus Christi, which is not a state agency. However, the rules of the Texas Historical Commission state that buildings 50 years old or more may qualify as historical resources worthy of investigating and maintaining. If the Coliseum were to be determined to be a state archeological landmark, the building could not be removed or altered without a permit from the Commission. (Section 191.093) Listing on the National Register of Historic Places is a prerequisite for the Commission designating a building as a state archeological landmark. In the event State or Federal funds are used in connection with the project, architectural review by the Texas Historical Commission generally is required for a project. Detailed Analysis 1 of 10 -272- September 8, 2009 Conclusion: If the City leases a project site greater than five acres for development, advance notice must be sent to the Texas Historical Commission for review. The Commission has 30 days to elect to conduct a survey to determine whether anything of archeological significance exists at the site. If the City elects to demolish or modify the Coliseum, no notice to the Texas Historical Commission is required unless the City elects to utilize state or federal funding for the project. Bond 2008 Requirements In the 2008 Bond Election, the voters approved Proposition No. 7, the "Bayfront Master Plan Project." The Project was described in the Ordinance as "the acquisition of land and the construction of permanent public improvements for the Bayfront Development Plan, including, without limitation, constructing reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains along Shoreline Drive, developing parks and recreational facilities along Shoreline Drive, and related public improvements; INCLUDING: *BAYFRONT DEVELOPMENT PLAN PHASE 3 *AND OTHER BAYFRONT IMPROVEMENTS. The ballot language itself simply stated that the bonds were for "the Bayfront Development Public Improvements in the aggregate sum of $13,000,000.00, including: *BAYFRONT DEVELOPMENT PLAN PHASE 3 *AND OTHER BAYFRONT IMPROVEMENTS. Materials distributed by the City for the 2008 Bond Election described Proposition 7 as follows: The Bayfront Implementation Plan provides for the relocation of traffic lanes inland away from the water. The realignment will begin near Coopers Alley and continue south until they merge back to the current Shoreline alignment south of McGee Beach in the vicinity of Furman and Buford. The realignment will reduce the number of traffic lanes from the current three lanes in each direction to two lanes in the each direction. This phase of work provides a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L -Head. The realignment could include: Improved access to water features such as the Sewall steps, beach and marina without crossing multiple lanes of traffic; A large public space for community events, concerts, festivals and other special events; Public amenities and the necessary utility connections and lighting to support such events. Language concerning the imposition of a tax to fund particular projects constitutes a "contract with the voters" under the Texas Constitution and case law. In San Saba County v. McCraw, 108 S.W.2d 200, 202 -03 (Tex. 1937), the Supreme Court held that "where the Constitution authorizes the levy of a special tax by a vote. of the taxpaying voters of a municipality ... such tax is not Detailed Analysis 2of10 -273- September 8, 2009 levied by the municipality ... but by the voters to whom has been delegated the taxing power" and any law that impairs and destroys the voters' rights existing at the time of the vote violates Article 1, Section 16 of the Texas Constitution. This ruling was more recently confirmed in Gallagher v. City of San Antonio, 269 S.W3d 628 (Tex. App. — San Antonio 2008). See also Tex. Att'y Gen. Op. No. GA -0156 (2004) (acknowledging that "Texas courts have held that the express terms of resolutions and orders calling a tax or bond election, at which voters are asked to approve financial undertakings of a governmental body relating to the purposes for which funds shall be used, become a contract with the voters who are entitled to receive substantially all of the benefits and security of that contract "); and Tex. Att'y Gen. Op. No. GA -0049 (2003) (stating that a tax or bond proposition, and its constitutional and statutory conditions and safeguards, form a "contract with the voters" and any attempt to substantially alter the rights and expectations of the voters will be treated as a violation of Article I, Section 16 of the Texas Constitution, prohibiting laws impairing the obligations of contracts). Nevertheless, the Supreme Court has noted that "It is elementary that the proceeds of bonds voted by the people must be expended for the purposes for which they were voted. It is also elementary that in instances where the law visits upon a governing body the duty to exercise its sound judgment and discretion, courts have no right to interfere so long as such body acts lawfully. In other words, a court has no right to substitute its judgment and discretion for the judgment and discretion of the governing body upon whom the law visits the primary power and duty to act." Lewis v. City of Fort Worth, 89 S.W.2d 975 (Tex 1936). The Proposition No. 7 materials did not mention the future of the Coliseum. In describing Shoreline re- routing of Proposition No. 7, in an October 13, 2008, Caller Times article, Raymond Gignac noted that "This plan works whether the Coliseum is there or not." The article further noted that Councilman John Marez and other public officials confirmed that although the construction of this phase of the Bayfront Master Plan was being accelerated in order to coincide with the plans for the Coliseum, the two projects were in no way tied together. Raymond Gignac also stated in that article that in addition to rerouting the street, the plan included a park next to the water, with landscaping to provide shade and walking promenades, a pier over the bay, and a large festival lawn. He further noted that some components of the original plan may be adjusted and the festival lawn feature may not be needed since the north park includes a special events plaza that serves a similar purpose. He commented that if what becomes of the Coliseum requires plenty of parking, plans may shift to allow for that, noting "what the details of this space will be have yet to be determined." As noted above, the language of bond propositions constitutes a contract with the voters but Proposition No. 7 provided a general description of the Bayfront Development Plan Phase 3. It requires rerouting Shoreline Drive inland from a point near Cooper's Alley south to the vicinity of Furman and Buford. It further requires "a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L- Head." Beyond that, the language of Proposition No. 7 indicates additional features that the project could include such as a large public space for community events. Detailed Analysis 3of10 —274— September 8, 2009 Specific planning for the rerouting of Shoreline Drive envisioned by Proposition No. 7 is just beginning. The City has selected an architectural/engineering team to prepare preliminary plans, and it is anticipated that a contract for the development of complete plans and specifications will be awarded in 2010. A similar process was followed in the development of final plans for Phase 1 approved by the voters in 2004, for which plans were finalized in 2008. Several options typically are presented to the City Council for review and various changes occur in the final designs in order to address site issues and new developments. Conclusion: The Bond 2008 language does not mandate the creation of a festival park north of the Coliseum. In determining the final construction drawings for the Bond 2008 funds, 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 City may elect to include portions of the northbound lanes (75 feet width overall) of Shoreline Drive, as part of any development. The "strong" connection to McGee Beach and the Coopers Alley L -Head does not specify any particular width or configuration. Detailed Analysis 4 of 10 —275— September 8, 2009 Master Plan Requirements The Bayfront Development Plan Phase 3 was derived from the Shoreline Boulevard Master Plan presented to the City Council on June 29, 2004. The concept for Zone C, as it was then described, was re- routing Shoreline Drive from Cooper's Alley southward through what is presently Sherrill Park. In place of the current park improvements in Sherrill Park and the playground equipment at the old City Hall site, the concept simply showed a "Festival Lawn." This concept was incorporated into the South Central Area Development Plan adopted on July 27, 2004, as the "Bayfront Master Plan" beginning on Page 50 therein. This "Bayfront Master Plan" was the Plan referenced in Bond 2008 Proposition No. 7 and included the creation of a "North Bayfront Park" and a "South Bayfront Memorial Park" extending from Buford Street to the L -Head. In Figure 10 describing the South Bayfront Memorial Park, the large area comprising the remaining portion of Sherrill Park and the old City Hall site playground facility was labeled either "Public Space" or "Festival Lawn." The Plan noted that is also "recommends that the City promote economically viable incentives for development of new tourist oriented uses on private property fronting Shoreline Boulevard." Figure 10: South Bayfront Memorial Park The original South Central Area Development Plan contemplated the creation of a festival park but noted that the park could be located north of IH -37, in the Memorial Coliseum area, at the site of the Broadway Wastewater Plant (which was to be relocated outside the area), on the Kerr - McGee Tract, at South Bluff Park or at Corpus Christi Beach Park. Detailed Analysis 5 of 10 -276- September 8, 2009 The plan to maintain the area north of Memorial Coliseum as open space had its beginnings in 1984 after a public vote on whether the new City Hall should be located on the Bayfront near the Coliseum or at a site near the County Courthouse. The voters preferred the uptown site, and the City Council adopted a motion that the location of the then City Hall, Utilities Building and Exposition Hall adjacent to the Coliseum be maintained as open space in the future. The master development plans expressly incorporate all prior City Council actions for development of an area, and while the South Central Area Development Plan included an open space or festival lawn description in this area, a master plan inherently can be modified by future City Councils. As is the situation in many zoning cases and other capital improvement programs, the adopted master plan must be changed in order to accommodate changes in use, other options and emerging development needs. Beginning with the motion made by the City Council in 1984 through the most recent versions of the Bayfront Development Plan Phase 3, the area north of the Coliseum has been denoted as open space, but none of those actions are immutable. Public discussion of the possible development of this area commenced with the earlier request for proposals in 2006 and discussion of the TRT Development plans. For nearly four years development plans for the Coliseum have incorporated the property north of the Coliseum. Conclusion: The City Council may modify the adopted master plan to incorporate some form of private development in the area north of the Coliseum. Limitations on Park Lands Chapter 253 of the Texas Local Government Code requires that any land "owned, held or claimed" as a public park by the City may not be sold unless the issue of the sale is submitted to the voters and approved at a referendum election. The courts have interpreted this limitation also to apply to long -term leases which change the use of the property for other than park purposes. See Zachry v. City of San Antonio, 305 S.W.2d 558 (Tex 1957) (lease of parkland for 40 years for a parking garage); but see Walker v. City of Georgetown, 86 S.W.3d 249 (Tex. App. — Austin 2002, review denied)(lease of parkland for 10 -20 years for baseball batting cages was allowed). For the property to be considered to be a public park, it can be "owned, held or claimed" as a park. In various cases, land can be conveyed to a city as a park, it can be formally dedicated as a park, it can be historically used as a park, and it can be claimed as a park such as in connection with various grant requests. As a result, the areas denoted as Sherrill Park, the playground area at McKinney Street, McGee Beach and McCaughan Park would be parklands subject to the election requirements of Chapter 253. The courts have held that road construction through parks does not trigger the election requirements of Chapter 253, so the proposed realignment options that may eliminate portions of existing park lands are allowed. See City of San Antonio v. Sisters of Charity of the Incarnate Detailed Analysis 6 of 10 —277— September 8, 2009 Word, 360 S.W.2d 580 (Tex. Civ. App. — Waco 1962, writ ref'd n.r.e.). Note, however, that Chapter 26 of the Texas Parks & Wildlife Code requires a determination by the City after notice and hearing that there is no feasible and prudent alternative to the taking of the property and that measures have been taken to minimize the adverse impact on the parklands. Conclusion: Areas denoted as Sherrill Park, the playground area on McKinney Street, McGee Beach and McCaughan Park are parklands and cannot be sold or subject to long -term lease with a change in use without approval by a majority of the voters at an election. Initiative & Referendum Process Article I, Section 4 of the City Charter provides that while the legislative power of the City is vested in the City Council, the people have the powers of initiative and referendum to propose or repeal ordinances in certain areas. The power of initiative and referendum does not extend "to specific items contained in the operating or capital budgets of the City, contracts, appropriations already made, the levy of taxes or the individual salaries of City officials or employees." Currently, petitions are being circulated as part of an initiative to "rebuild Memorial Coliseum to its original condition." The proposed Ordinance being circulated for signatures by initiative includes specifically provides as follows: SECTION 1. The City Council is hereby authorized to undertake everything necessary and proper to rebuild Memorial Coliseum to its original condition and replace the original plaque to its original location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War II. " SECTION 2. The City Manager, or his designee, is hereby authorized and directed to develop plans to rebuild Memorial Coliseum to its original condition for the implementation of this Ordinance. SECTION 3. Nothing in this Ordinance shall be construed as appropriating any funds from any operating or capital budget of the City. The issues of the award of any contracts providing for the rebuilding of such structure and the replacing of the original plaque, and the appropriation of funds for such purposes, specifically are reserved for future action by the City Council. The petitioners have 90 days from August 28, 2009, in which to collect the required signatures of five percent of the registered voters. In the event that the petitions are submitted and certified by the City Secretary, the City Council may either adopt the ordinance or schedule it for election at the next regular City Council elections in May 2011. The ordinance would not go into effect unless the City Council adopts it or the voters approve it in May 2011. Detailed Analysis 7of10 —278— September 8, 2009 Once approved by initiative, an ordinance is not subject to repeal or substantial modification by action of the City Council for four years without approval of the voters in an election called for such purpose. The ordinance specifically does not, and it cannot, appropriate any funds from either the operating or capital budget of the City to rebuild Memorial Coliseum. That action is subject to decisions by future City Councils. While the adoption of such an ordinance authorizes the City Council to rebuild the Coliseum and directs the City Manager to develop plans, in the absence of appropriations to fund the project, nothing will happen further than the development of plans. Conclusion: If the initiative petition is successful and the voters approve the ordinance in May 2011, the City Council will be authorized to rebuild the Coliseum. The issues of whether and how to appropriate funds from future operating or capital budgets are left to future City Councils. The initiative language concerning rebuilding the Coliseum to its "original condition" does not mandate that the Coliseum not be air conditioned or not have accessible restrooms. The Coliseum could have air conditioning, restrooms, and such other features including a swimming pool, ice rink or other facilities as determined by the City Council. In the event that the City Council elects to demolish the Coliseum prior to a vote in May 2011, if the initiative is successful the future City Council would be authorized to rebuild the Coliseum as noted above. Title Restrictions This property originally was conveyed to the City "for public purposes" by the State of Texas in 1924 as part of a larger tract described in Patent No. 86 recorded in Volume 21 -A based on a 1919 Legislative Act. After completion of construction of the seawall, in 1945 the Legislature confirmed the conveyance of the land behind the seawall to the City by Acts of the 49th Legislature, Chapter 253, Page 391, which has been codified as Article 5421j of the Vernon's Annotated Texas Statutes: Art. 5421j. GRANT OF FILLED IN LAND TO CITY OF CORPUS CHRISTI. Sec. 1. All right, title and interest of the State of Texas in and to all land within the area hereinafter mentioned, hitherto lying and situated under the waters of Corpus Christi Bay for and in consideration of the sum of Ten Thousand Dollars ($10,000) cash, is hereby relinquished, confirmed and granted unto the said City of Corpus Christi, its successors and assigns, for public purposes, to -wit: (emphasis added) Detailed Analysis Being all of that filled -in land lying and being situated in Nueces County, Texas, landward behind the seawall and easterly of the shoreline of Corpus Christi Bay as shown in Survey No. 803 and in the patent from the State of Texas to the City 8 of 10 -279- September 8, 2009 of Corpus Christi, Texas, said patent being dated January 4, 1924, and being Patent No. 86, Volume 21 -A. Separate provisions of that Act authorized conveyance of certain platted lots to private property owners along the bayfront in settlement of their claims for riparian rights eliminated by construction of the seawall and the creation of new land along Shoreline Drive. While those lots could be used for any private purposes, the property retained by the City as noted at the end of Section 1 above, was conveyed to the City "for public purposes." As a result, the City may not sell any of this property for private use without further authorization from the Legislature. In 1957, the Legislature granted the City authority to lease this property for any purposes by Acts of the 55th Legislature, Chapter 235, Page 488. Although the original statute only applied to the land west of the seawall, amendments in 2003 included all of the submerged lands in front of the seawall patented to the City in 1924 and specifically referenced the City's right to lease the property under the broader economic development provisions of Article III -a, Section 52 of the Texas Constitution and Chapter 380 of the Texas Local Government Code. The amended law, which has been codified as Article 5421j -1, Vernon's Annotated Texas Statutes, provides as follows: Art. 5421j -1. LEASE OF FILLED IN LAND BY CITY OF CORPUS CHRISTI. Sec. 1. All property transferred by the State of Texas to the City of Corpus Christi by the provisions of Chapter 253, Acts of the 49th Legislature, Regular Session, 1945, and Chapter 68, General Laws, Acts of the 36th Legislature, Regular Session, 1919, may be leased by the governing body of the City of Corpus Christi for such time and under such terms and conditions and for such purposes as determined by the governing body of the City of Corpus Christi to be to the best interest of the city, including the public purposes provided by Section 52 -a, Article III, Texas Constitution, and Section 380.001(a), Local Government Code. The governing body of the City of Corpus Christi shall lease such property in accordance with the procedure prescribed by the charter of the City of Corpus Christi for leasing lands owned by the city. Conclusion: This property was conveyed to the City with a restriction to be used for "public purposes ", but the City Council may lease this property for such time and under such terms and conditions and for such purposes as determined by it to be in "the best interest of the City." The original 1957 statute gave the City Council unqualified discretion regarding leases, and 2003 amendments further clarified that any economic development purposes authorized under Chapter 380 are allowed. Detailed Analysis 9 of 10 -280- September 8, 2009 Procedures Related to Demolition Demolition of the Coliseum involves the various issues noted above and additional procedures required for the expenditure of public funds and disposal of materials. If the City Council were to decide to demolish the Coliseum, the following steps would be required: 1. Procure Architectural/Engineering Consultants for Plans 2. Conduct Survey for Asbestos and Other Hazardous Materials 3. Develop Plans and Specifications for Demolition 4. Solicit of Competitive Bids or Proposals for the Demolition 5. Appropriate Funds Necessary for Demolition Contract 6. Award of Demolition Contract to One or More Contractors 7. Remove Asbestos and Any Other Hazardous Materials from the Site 8. Demolish the Coliseum and Clear Site As noted above, demolition of the Coliseum would not violate any Master Plan, the Bond 2008 proposition language, the title restrictions from the State of Texas, the ongoing initiative process, or State antiquities laws. Detailed Analysis 10 of 10 September 8, 2009 -281- 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/17/09 AGENDA ITEM: Ordinance changing the date of the City of Corpus Christi City Council Elections for 2011 and subsequent years from the first Saturday in April to the May Uniform Election Date which is the second Saturday in May and adjusting the City Council terms of office to conform to the new election date. BACKGROUND: In 1987, The Texas Legislature granted the City of Corpus Christi an exception to hold its election of officers in April rather than a uniform election date because, at that time, the May uniform election date fell on the day the Buc Day's Parade was held. The traffic around City Hall on the evening of the parade made it very difficult to administer the election and to conduct the tabulation of votes. The current May uniform election date does not conflict with the Buc Day's Parade. ISSUE: House Bill 1945 passed the Legislature on May 25, 2009 repealing the section of the Election Code which was the basis for Corpus Christi to hold its City Council Elections in April in odd - numbered years rather than a uniform election date. The bill also provided that not later than December 31, 2009, the City of Corpus Christi and school districts within its City limits must choose a uniform election date for its general election of officers in 2011 and subsequent years. There are two uniform election dates. One is on the second Saturday in May and the other is on the first Tuesday after the first Monday in November. However, at this time, our City Charter limits the City of Corpus Christi to move our City Council Officer elections to May of odd years only. Our Charter states "the regular election shall be held in odd- numbered years on the first Saturday in April unless the city council designates an alternative Saturday in April or the next available uniform election date allowed by state law at least three months prior to the regular election." The interpretation of this charter wording is that the May date is the "next available uniform election date ". While the City Council is currently limited to choosing the May date, we believe it is possible next year, if approved by the voters at a charter amendment election, to move elections to the November uniform election date in either odd - numbered or even - numbered years. House Bill 401, passed by the Legislature this year, allows a political subdivision that holds its election for officers on a date other than the November uniform date to, not later than December 31, 2010, change the date on which it holds its general election for officers to the November uniform date. The City Council would have to submit this issue to the voters on either the May or November uniform date in 2010. If a change to November is not done in 2010, the City's authority to make a change to November would terminate. The City could not make such a change after 2010 unless the Legislature again —285— granted the authority. Further research would be done to assure that this is the correct course for making a change to November, and to draft the charter amendment. Whichever uniform election date is ultimately selected, it is highly probable that West Oso ISD, Flour Bluff ISD and London ISD will join us for joint elections. If the November uniform election date is selected, the City and the three school districts would join Nueces County in their election if constitutional amendments or propositions are on the ballot. If the May date is selected and a runoff election is necessary, the Mayor and Council would take office sometime between late June and early July. If the November date is selected and a runoff election is necessary, the Mayor and Council would take office some time between mid December and early January. FUNDING REQUIREMENTS: An election held by the City, in May, without any other jurisdictions would cost approximately $225,000. An election held by the City, in May, jointly with West Oso, Flour Bluff and London ISDs would cost the city approximately $205,000. We have no history on what an election would cost if held in November jointly with Nueces County and the three school districts. We estimate that cost to the City to be approximately $165,000. Costs for runoff elections will depend on whether there is a city wide runoff election or it is limited to one or more districts. An election held jointly with Nueces County, Del Mar College, CCISD and other small school districts in November of even years, when State and Federal elections are held, would cost the City approximately $145,000. ISSUES: If the May election date is selected, newly elected council members would take office in late June after the budget approval process has started. If the November election date is selected, Election day would be on Tuesday, a work/council meeting day, rather than Saturday. In addition, runoff elections and swearing in ceremonies would be conducted during the holidays. RECOMMENDATION: Approval of an ordinance selecting the May Uniform Election Date and direction if the Council is interested in pursuing a November election date. atLiMetkr 0 (Vti0.0 Armando Chapa City Secretary Lisa Agui Interim City Attorney ORDINANCE CHANGING THE DATE OF CITY OF CORPUS CHRISTI CITY COUNCIL ELECTIONS FOR 2011 AND SUBSEQUENT YEARS FROM THE FIRST SATURDAY IN APRIL TO THE MAY UNIFORM ELECTION DATE, WHICH IS THE SECOND SATURDAY IN MAY; AND ADJUSTING THE CITY COUNCIL TERMS OF OFFICE TO CONFORM TO THE NEW ELECTION DATE. Whereas, the City Council elections have previously been held on the first Saturday in April in odd numbered years, as authorized by Article II of the City Charter, and Section 41.0051 of the Texas Election Code; Whereas, on May 25, 2009, the Texas Legislature approved HB 1945, which took effect on September 1, 2009; Whereas, HB 1945 repealed Section 41.0051 of the Texas Election Code; Whereas, HB 1945 requires that not later than December 31, 2009, the governing body of the City of Corpus Christi must choose a Uniform Election Date for its general election for officers in 2011 and subsequent years; Whereas, HB 1945 provides in Section 2 that the governing body of a political subdivision required to change its election date under HB 1945 shall adjust the terms of office to conform to the new election date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council chooses the second Saturday in May, which is a Uniform Election Date under Section 41.001 of the Texas Election Code, as the date of for its general election for officers for 2011 and subsequent years. Section 2. That the two -year terms of office for the City Council as established by City Charter Article II Section 1(b) shall be adjusted to conform to the new election date as required by Section 2 of HB 1945. Section 3. This ordinance takes effect upon second reading. C:\DOCUME- 1\MaryJ\ LOCALS- 1 \Temp\XPgr2y2ige HANGING DATE v2 FOR CITY COUNCIL ELECTIONS to May.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: November 12, 2009 By: ,v s • Lisa Agar Interim City Attorney 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/17/2009 AGENDA ITEM: Resolution Adopting the City of Corpus Christi Economic Development Incentive Policies 2009 — 2011 ISSUE: During the City Council Retreat, Council identified the need for revised Economic Development incentives as a goal for 2009 -2011. REQUIRED COUNCIL ACTION: Council approval of the resolution PREVIOUS COUNCIL ACTION: On July 28, 2009, Economic Development Incentives were presented to the city council. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Economic Development Incentive Policies. Attachments Irma Caballero Director of Economic Development irmaca @cctexas.com 826 -3850 —291— BACKGROUND INFORMATION The intention of both the City's Economic Development Office and the Corpus Christi Regional Economic Development Corporation (CCREDC) is the creation of a premier coastal community with sustainable growth and high quality jobs. A well protected environment, revitalization of underutilized properties and urban areas, and the development of a robust and vibrant economy are essential to these tasks. To address this intent, City staff reviewed all incentive policies, made revisions as needed, provided for more aggressive incentives in catalyst areas (Renewal Community, CC Beach, Downtown, Padre and Mustang Island), and added a fee schedule. City incentives used for the purpose of attracting new primary large and small businesses, supporting existing businesses to grow and retain employees, and helping start-up business are necessary because of the inherent competition between localities for businesses and jobs. As a result of the presentation made to council on July 28, 2009, the Economic Development Department invited the Corpus Christi Chamber of Commerce, the Hispanic Chamber, the Black Chamber, and the Westside Business Association, to review and solicit recommendations for economic development incentives. Suggestions included a need to add provisions for small businesses and to aggressively market current incentives to small businesses. In addition, the Economic Development Department met with the Regional Transportation Authority, the Corpus Christi Housing Authority, and the Aviation Department to discuss how the City can leverage funds towards the development of projects. Through this discussion it was decided that the Economic Development Department will draft a Partnership Agreement with each entity and continue to meet on a monthly basis to identify projects and other forms of support needed. The following are changes made to Economic Development Incentive policies since July 28, 2009: Local Incentives: • Tax Abatement — changed minimum capital investment from $1,000,000 to $250,000 • Tax Abatement — includes multifamily housing for catalyst areas • Tax Abatement and 380 — added incentive for green development initiatives (LEED) • 380 Policy — added language for minimum requirements to encourage substantial increase of sales tax revenue — changed from $25,000,000. • TIF — provided language to consider Tax Abatements after an evaluation has been completed to ensure the result would not impair the TIF financing development • Fee Waiver /Reduction — only applicable to catalyst areas • Large Retail — only applicable to catalyst areas • Added links to applicable resources at the end of each policy • Added Policy — Community Air Service Development Initiative (page 47) • Added Policy — High Speed Connection (page 49) • Added Policy — Waiver of Tap Fees for Water and Wastewater (page 50) • Added Policy — Small Business Disabled Access Credit (page 52) • Added Policy — Natural Gas Home Builder Rebate Program (page 54) State Incentives: • Relocated Municipal Management Districts from Local Incentives to State Incentives (page 58) • Added Policy — Municipal Utility Districts (page 64) • Added Policy — Municipal Setting Designations (page 67) • Added Policy — Emerging Technology Fund (page 79) • Added Policy — Skills Development Fund (page 81) • Added Policy — Texas Enterprise Fund Program (page 96) • Added Policy — Texas Industry Development Loan Program (page 98) • Added Policy — Texas Preservation Trust Fund Grant Program (page 100) Federal Incentives: • Added Policy— Federal Historic Preservation Tax Incentives Program (page 110) • Added Policy — New Markets Tax Credit (page 114) Critical to the realization of a vibrant and dynamic economy is the development of an economic development strategic plan. Indicated by the City Council as an identified goal for 2009 — 2011, the Economic Development Department has researched and identified several strategic planning firms who specialize in economic development strategic plans. The following is a list of potential firms with timelines, cost estimates, and scope: TIP Strategies: Austin, Texas Provides Comprehensive Planning in 3 phases: 1) Assessment; 2) Opportunity; 3)Implementation. A six month process which may costs $120,000 - $ 150,000. International Economic Development Council (IEDC): Washington, DC No RFP — sole source contract which includes a Technical Assistance Model. They seek to provide experts in the field, staff assistance and peer review. A six month process which may cost between $35,000 - $50,000 and a maximum of $125,000 Avalanche Consulting: Austin, Texas Specialize in small to mid range cities and provide surveys and evaluations and identify the local workforce, what's available, primary business and targeted industry. Four phases include public input, target phase, ED strategy, workshop to conduct implementation. A four to five month process which may cost $65,000 - $70,000 with a maximum of $200,000 Market Street Services: Atlanta, Georgia Comparative assessment/Comparative Analysis with Qualitative /Quantitative input assessment. Requires steering committee of 20 -25 people with an Implementation plan and measurable. A six month process that will cost $150,000 or more. Garner Economics /Competitive Strategies: Atlanta, Georgia Specializes large and small communities. Includes three phases: 1) Discovery and assessment; 2) Assets and challenges; 3) Comprehensive labor market analysis. They also include a comprehensive executive strategy, product improvement and product marketing. A three to four month process that cost $50,000 - $150,000/ Page 1 of 3 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI ECONOMIC DEVELOPMENT INCENTIVE POLICIES 2009 — 2011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council, as the governing body of the City of Corpus Christi, adopts the City of Corpus Christi Economic Development Incentive Policies 2009 — 2011. The policies are attached to this resolution as Attachment A. SECTION 2. The Economic Development Incentive Policies 2009 — 2011 replace the following guidelines, criteria, plans, policies, and procedures: • City of Corpus Christi Chapter 380 Economic Development Program Policies and Procedures, adopted on December 9, 2006, by Resolution 027105. • City of Corpus Christi Guidelines and Criteria for Granting Tax Abatement, adopted on April 8, 2008, by Resolution 027646. • Corpus Christi Business and Job Development Corporation's Guidelines and Criteria for Granting Business Incentives, adopted on May 13, 2003, by Resolution 0252958; as amended on July 27, 2004, by Resolution 025375; on April 25, 2006, by Resolution 026757; and by Resolution April 10, 2007, by Resolution 027214. • Corpus Christi Commercial Revitalization Local Plan, adopted on October 27, 2009, by Resolution 028380. • Corpus Christi Renewal Community Tax Incentive Utilization Plan, adopted on December 17, 2002, by Resolution 025149. • Corpus Christi Tax Incentive Policy for Large Retail/Mixed Use Development and Redevelopment, adopted on June 26, 2007, by Resolution 027322. • City of Corpus Christi Texas Enterprise Zone Policy, adopted on November 13, 2007, by Resolution 027477. • Ordinance authorizing the designation of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi as industrial districts and approving standard form industrial district agreement, adopted on November 26, 1980, by Ordinance 15898; as amended,by Ordinances 15941 on December 17, 1980; 16129 on March 18, 1981; 16167 on April 1, 1981; 16601 on October 14, 1981; 18023 on January 14, 1984, 2009 -2011 Economic Development Incentive Policies — RES8I&5ION 11112009 Page 2 of 3 022092 on November 29, 1994; 022201 on 28 March 1995, 022360 on September 19, 1995; and 025703 on April 13, 2004. SECTION 3. The City Manager is directed to forward a copy of this resolution and the City of Corpus Christi Economic Development Incentive Policies 2009 — 2011 to the Executive Director, Texas Department of Economic Development. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 12, 2009. By: R. 06 I6ining // First Assistant City Attorney for City Attorney 2009 -2011 Economic Development Incentive Policies — RESRLHON 11112009 Page3of3 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 2009 -2011 Economic Development Incentive Policies — RE2C9_IgTtON 11112009 21 CITY COUNCIL AGENDA MEMORANDUM Date: November 17, 2009 AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT AN ALLOCATION FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE AMOUNT OF $779,446 FOR THE HOMELESS HOUSING AND SERVICES PROGRAM; APPOINTING MOTHER TERESA SHELTER, INC., AS THE SOLE DIRECT DESIGNEE TO PROVIDE SERVICES, IN LIEU OF THE CITY, FOR THE EXPANSION OF DAYTIME SHELTER SERVICES TO BENEFIT THE HOMELESS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM. REQUIRED COUNCIL ACTION: Authorize acceptance from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Texas Homeless Housing and Services Program and authorize to appoint Mother Teresa Shelter, Inc. as a sole direct designee in lieu of the City with an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Texas Homeless Housing and Services Program to expand the day shelter homeless services and to execute all related documents. RECOMMENDATION: Staff recommends the acceptance of an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Texas Homeless Housing and Services Program and authorization to appoint Mother Teresa Shelter, Inc. as a sole direct designee in lieu of the City with an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Texas Homeless Housing and Services Program to expand the day shelter homeless services and to execute all related documents. c• Eddie Ortega Neighborhood Services Director Eddieo(p�cctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information X Letter of support from Mother Teresa X City Resolution X BACKGROUND INFORMATION During the 81st Legislative Session, the State of Texas appropriated $20 million over the biennium to be administered by the Texas Department of Housing and Community Affairs (TDHCA) to fund the Homeless Housing and Services Program (HHSP) in the eight largest cities in Texas. On August 5, TDHCA hosted a conference call with mayoral designees of the recipient cities. Based on this input, on September 3, the TDHCA Board of Directors approved the HHSP. Eligible Entities Riders 18 and 19 established the eligible entities as the eight largest cities in Texas with populations larger than 285,500 persons per the latest U.S. Census figures. Cities may appoint a sole direct designee in lieu of the City by submitting a letter from the Mayor of the Eligible Entity making such designation. Such designee shall be deemed the Eligible Entity Designee for the duration of the award. The eight eligible cities include: Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston and San Antonio. Contracts will only be executed with an Eligible Entity or an Eligible Entity Designee. Eligible entities may either use these funds themselves, or may elect to subcontract some or all of the funds to one or more other organizations serving their community whose mission includes serving homeless individuals and families with appropriate services towards eliminating or preventing the condition of homelessness. Eligible Activities Allowable activities shall include construction and rehabilitation of structures targeted to serving homeless or at -risk individuals, operations of direct - services; case management; housing retention; homeless prevention; rental assistance, or other homelessness related activity as approved by TDHCA. Final determination of an allowable activity is at the sole discretion of TDHCA and will be determined prior to execution of any contract. Defined Target Population Fro the purpose of the HHSP, the term Homeless shall mean individuals who lack a fixed, regular, and adequate nighttime residence: a. Individuals (including children and youth) and families who are sharing the housing of other persons due to loss of housing, economic hardship, domestic violence, chronic or major health issues, or similar reason; are living in motels, hotels, trailer parks, or camping grounds to the lack of alternative accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement; b. Individuals and families who have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings; c. Individuals and families who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and d. Migratory families who qualify as homeless for the purposes of this subtitle because the children are living circumstances described in 1, 2 and 3, above. Income Requirements for Assistance Each Entity must designate the income standard and income level to the used in the administration of this program. This should be a widely acceptable income standard, e.g., Area Median Income or Poverty Level. All individuals assisted must meet the specified income requirement. If the Area Median Family Income is used, the Entity's designated income may be less than, but may not exceed 50% of the Area Median Family Income as published by TDHCA. If Poverty Level is used, the Entity's designated income may be less than, but may not exceed 200% of Poverty. Eligible Costs Eligible construction costs must be for new construction or rehabilitation of structures targeted to serve homeless or at -risk individuals such as pre - development costs, development hard costs and related soft costs. Match Requirements Each eligible entity is required to provide matching funds that equal or exceed 10% of the HHSP allocation. Match can be in the form of cash or in -kind contributions; administrative costs are to be borne fully by the eligible entity and can be counted toward the match requirement. Staff Recommendation Mother Teresa Shelter is the only local comprehensive day shelter, open seven (7) days a week providing for homeless services. The City, through the Mayor's Office and Neighborhood Services /Community Development, have been receiving numerous calls stating there are a lack of facilities which are providing for homeless services during the day. Homeless agencies are providing for excellent services such as emergency shelter, transitional housing and food; however, the homeless are asked to leave their premises after those services have been provided. As a result, the homeless are wandering the streets with little or nothing to do. As a sole direct designee, Mother Teresa Shelter will be able to expand their services for the homeless during the day. Also, Mother Teresa Shelter was provided for $100,000 of FY2008 Community Development Block Grant funding for a multi purpose activity center at 513 Sam Rankin for therapeutic services for the homeless such as exercise team sports, the use of arts as a therapy and social rehabilitation workshops. An additional $100,000 ($60,000 from the Kennedy Foundation and $40,000 from Mother Teresa) will provide for extra leveraging for the proposed project, and according to TDHCA will suffice as more the minimum match requirement of 10% of the HHSP allocation. In fact, $200,000 from the Mother Teresa project is providing for a 20% match for the HHSP. Staff recommends the acceptance of an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Texas Homeless Housing and Services Program and authorization to appoint Mother Teresa Shelter, Inc. as a sole direct designee in lieu of the City with an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Texas Homeless Housing and Services Program to expand the day shelter homeless services and to execute all related documents. Future Use of HHSP Funding Should the City receive an additional allocation in the next 82 "d Legislative Session, the process will become competitive as with other community development programs. The HHSP Funding Request Submission Packet is due to TDHCA by the Omar business on November 18, 2009. .other Eere5a better, Inc. 51.3 bam Rankin • UCorpu5 (bri ti, ,Texas 78401 (361.) 883 -7372 The Most Reverend Edmond Carmody, DD Jesse Garcia President Sammie Grunwald Vice President Barbara Sico Secretary Gregor Seagrave Treasurer. BOARD OF DIRECTORS Janie Bell David Brown Stephanie Bottom Mary Lee Cantwell Tom Carlisle Sylvia Ford Rose Cavada Garza Angie Flores Granado Lisa Hancock Judy Hawley Barbara Little Shelley Parks Larry Rodriguez Michael B. Schmidt Msgr. Roger R. Smith Jean Claire Turcotte Joseph Churchhill Wise, Jr. Kim Seger Immediate Past President ADVISORY BOARD Caroline Bertuzzi Renee Cooper Rev. Steve Fieldcamp Ellen Flood Ticia Hanisch Laura Pletcher Dr. Hugo Tolentino Linda McKamie Executive Director November 9, 2009 To Whom It May Concern: On behalf of the Mother Teresa Shelter, Inc., I, Linda McKamie, Executive Director, do hereby agree to work with the City of Corpus Christi in making application to the Texas Department of Housing and Community Affairs under the Texas Homeless Housing and Services Program to expand homeless services at the Mother Teresa Shelter, inc. located at 513 Sam Rankin Street, Corpus Christi, TX 78401. Sincerely, firrr Linda McKamie Executive Director -304- A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT AN ALLOCATION FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE AMOUNT OF $779,446 FOR THE HOMELESS HOUSING AND SERVICES PROGRAM; APPOINTING MOTHER TERESA SHELTER, INC., AS THE SOLE DIRECT DESIGNEE TO PROVIDE SERVICES, IN LIEU OF THE CITY, FOR THE EXPANSION OF DAYTIME SHELTER SERVICES TO BENEFIT THE HOMELESS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Homeless Housing and Services Program. Additionally, the City Council appoints Mother Teresa Shelter, Inc., as the sole direct designee to provide services, in lieu of the City, for the expansion of daytime shelter services to benefit the homeless. Furthermore, the City Manager or his designee is authorized to execute all related documents necessary to implement the program. ATTEST: Armando Chapa City Secretary APPROVED: November 10, 2009 Elizak h R. Hundley Asst . nt City Attorney for the City Attorney EHres255.doc —305— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 22 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, November 17, 2009 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President Nelda Martinez calls the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of May 26, 2009 4. Approval of the financial report 5. Motion authorizing the General Manager or designee to execute FY2009 Subrecipient funding agreements from the HOME Investment Partnerships (HOME) Program and all related and necessary documents. FY2009 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS A. Cliff Maus Village (CMV) Trust - $110,000 CMV Trust, a 110 -unit complex located at 1458 West Point Road for Section 8 and low income residents, is requesting for additional funding for sewer re- routes for 10 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. B. Nueces County Mental Health Mental Retardation Center (NCMHMR) - $31,300 NCMHMR located at 1642 S. Brownlee will replace roof, refurbish fascia boards and paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. C. TX LULAC West Park Housing, L.P. - $300,000 This is a request for additional funding for a 124 -unit multi - family rehabilitation tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AM I. D. Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund (CHDO) - $130,000 Provide interim construction for three homes and upon completion of the construction then convert into permanent mortgage financing for qualified households. E. TG 110, Inc. /Samuels Place Apartments (CHDO) - $200,000 Replacement of roof and gutter system in a 60 -unit multifamily complex located at 4315 Carroll Lane benefiting a low to extremely low income property. 5. Motion to appoint Loan Review Committee Members 6. Public Comment 7. Adjournment —310— MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION May 26, 2009 5:27 P.M. PRESENT Board of Directors John E. Marez, President Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Marez opened discussion on Item 3, the reappointment of Board Members John E. Marez, Larry Elizondo, Sr., Priscilla Leal and Nelda Martinez and the new appointments of Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Mark Scott. Mr. Elizondo made a motion to appoint them as Board Members of the Corpus Christi Community Improvement Corporation, seconded by Ms. Martinez, and passed. President Marez opened discussion on Item 4, the election of officers. Ms. Adler made a motion to appoint Ms. Martinez as President, seconded by Mr. Kieschnick, and passed. President Martinez called for nominations for Vice - President. Mr. Chesney made a motion to appoint Ms. Adler, seconded by Mr. Kieschnick, and passed. Mr. Scott made a motion to reappoint Angel R. Escobar, General Manager, Armando Chapa, Secretary, Mary Juarez, Assistant Secretary, Cindy O'Brien, Treasure and Constance Sanchez, Assistant Treasurer as Officers, seconded by Ms. Martinez, and passed. President Martinez called for the approval of the minutes from the January 13, 2009 meeting. Ms. Adler made a motion to approve the minutes as presented, seconded by Mr. Chesney, and passed. President Martinez called for the financial report. Assistant Treasurer Constance Sanchez referred to pages 357 -358 regarding the summary of transactions for nine months ended April 30, 2009. She stated the fund balance was $18,225,332. The Board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Martinez called for the General Manager's Annual Report. Mr. Escobar referred to page 359. There were no questions. President Martinez opened discussion on Item 8, the appointment of CCCIC Loan Review Committee members. She asked for nominations. The following members were appointed: Alice Vaughan (Real Estate), Ed Lopez (Financial Institution), Keith Parker (Engineer), Jodi Steen (Homebuilder), Coretta Graham (Legal), Chris Hamilton (Community at Large), and Priscilla Wolf (Health/Human). —311— Minutes — CCCIC meeting May 26, 2009 — page 2 President Martinez called for public comment. There was none. There being no further business to come before the Board, President Martinez adjourned the meeting at 5:37 p.m. on May 26, 2009. -312- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET September 30, 2009 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 1,195,725 244,534 370,544 1,810,803 Due from U S Government/Other Fund 5,165 0 5,000 10,165 Mortgages receivable 10,122,868 0 6,601,579 16,724,447 Accrued interest receivable 0 0 0 Account receivable 0 0 0 0 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciation) 125,213 21,047 0 146,260 Total assets 11,448,971 265,581 6,977,123 18,691,675 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 22,467 0 0 22,467 Due to other funds 58,844 0 108,081 166,925 Total liabilities 81,311 0 108,081 189,392 Fund Balance: Reserved for mortgages 10,122,868 0 6,601,579 16,724,447 Reserved for Investments 125,213 21,047 0 146,260 Unreserved 1,119,579 244,534 267,463 1.631,576 • Total fund balance 11,367,660 265,581 6,869,042 18,502,283 Total liabilities and fund balance 11,448,971 265,581 6,977,123 18,691,675 -313- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TWO MONTHS ENDING SEPTEMBER 30, 2009 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 130,950 130,950 Interest on loans 4,311 0 961 5,272 Interest on investments 149 112 6 267 Rental income 0 0 0 0 Miscellaneous 202 0 34 236 Total revenues 4,662 112 131,951 136,725 Expenditures: Grants 0 0 0 0 Warranty Work 0 0 0 0 Community Development administration 0 0 0 0 Loan processing 100,839 0 62,080 162,919 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 0 0 0 0 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation - building 1,262 0 0 1,262 Total expenditures 102,101 0 62,080 164,181 Excess of revenues over expenditures (97,439) 112 69,871 (27,456) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 0 Transfer To CDBG 0 0 0 0 Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (97,439) 112 69,871 (27,456) Fund balances at August 1, 2009 11,465,099 265,469 6,799,171 18,529,739 Fund balances at September 30, 2009 11,367,660 265,581 6,869.042 18,502,283 -314- Memorandum TO: President Nelda Martinez and Members of the Board of the Corpus Christi Community Improvement Corporation FROM: 'Angel R. Escobar, General Manager DATE: November 9, 2009 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on November 17, 2009 1. Motion authorizing the General Manager or designee to execute FY2009 Subrecipient funding agreements from the HOME Investment Partnerships (HOME) Program and all related and necessary documents. On April 21, 2009, the City Council adopted the FY2009 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $4,277,509 for the CDBG Program, $149,354 for the ESG Program and $2,004,000 for HOME Investment Partnerships (HOME) Program, totaling $6,430,863. Thereafter, the City was notified of additional CDBG and HOME funding. As a result, on May 26, 2009, City Council approved a revision to the FY2009 Consolidated Annual Action Plan which increased the CDBG program to $4,318,451 and HOME program to $2,182,635 for projects /activities. Thereafter, the City was again notified there was an adjustment to the CDBG program reducing the allocation by $203 which was taken from the CDBG Program Administration. The final CDBG allocation totaled $4,318,248; no other changes were made to the ESG or HOME programs. Subsequently, Subrecipient Agreements with nonprofit agencies and the CCCIC, as part of the FY2009 HOME program funding, require CCCIC action and approval with the following respective agencies. FY2009 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS A. Cliff Maus Village (CMV) Trust - $110,000 CMV Trust, a 110 -unit complex located at 1458 West Point Road for Section 8 and low income residents, is requesting for additional funding for sewer re- routes for 10 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. B. Nueces County Mental Health Mental Retardation Center (NCMHMR) - $31,300 NCMHMR located at 1642 S. Brownlee will replace roof, refurbish fascia boards and paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. C. TX LULAC West Park Housing, L.P. - $300,000 This is a request for additional funding for a 124 -unit multi - family rehabilitation tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AM I. —315— D. Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund (CHDO) - $130,000 Provide interim construction for three homes and upon completion of the construction then convert into permanent mortgage financing for qualified households. E. TG 110, Inc. /Samuels Place Apartments (CHDO) - $200,000 Replacement of roof and gutter system in a 60 -unit multifamily complex located at 4315 Carroll Lane benefiting a low to extremely low income property. 2. Motion to appoint Loan Review Committee Members: The Committee currently has the Health /Human Services position open which became vacant with the resignation of Ms. Judy Telge. Also, there is one Financial position open that became vacant with the resignation of Mr. Ed Lopez. The Loan Review Committee is composed of eleven (11) members and its purpose is to review and approve loans for low and moderate income individuals being assisted through the City of Corpus Christi's Rehabilitation Loan Program. The Committee members are appointed by the CCCIC Board for three (3) year terms, and they serve unlimited terms. When the committee was originally formed, the members were appointed to staggered terms, then three (3) year terms thereafter. —316— a. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE — Two (2) vacancies with terms to 5 -7 -10 and 5 -7 -11 representing the following categories: 1- individually employed in the delivery of Health and Human Services and 1- Financial Institution. DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodelor/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 — member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one -year term. MEMBERS Alice Vaughan (Real Estate), Chairperson Chris Hamilton (Community at Large) Cliff Atnip (Community at Large) David Cantu (Financial Inst.) Keith Parker (Engineer) Abel Alonzo (Community at Large) Barry Lobell (Community at Large) Vacant (Health/Human) * * *Ed Lopez (Financial Inst.) Jodi Steen (Homebuilder) Coretta Graham (Legal) TERMS 5 -07 -12 5 -07 -12 5 -07 -11 5 -07 -10 5 -07 -12 5 -07 -11 5 -07 -10 5 -07 -10 5 -07 -11 5 -07 -12 5 -07 -12 (Note: On May 26, 2009 the City Council appointed Priscilla Human Services category. She declined that appointment.) INDIVIDUALS EXPRESSING INTEREST Javier Arroyo ORIGINAL APPTD. DATE 3 -16 -93 5 -26 -09 5 -27 -08 5 -12 -98 5 -26 -09 5 -27 -08 5 -12 -98 5 -26 -09 5 -26 -09 5 -26 -09 Wolf to the Health and Senior Personal Banker, Kleberg Bank. Attended Del Mar College. Formerly Licensed Mortgage Broker/Real Estate Agent. (Financial Institution) (10 -1 -09) Legend: *Seeking reappointment **Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -317- Maria Clarissa Lopez Rudy Martinez Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. ( Health/Human Services) (5- 28 -09) Physician's Liaison, Nurses on Wheels. Attended Del Mar College and University of Phoenix -On Line. Activities include: Board of Directors - American Cancer Society, Board of Directors — Friends of Nurses on Wheels Hospice and Vice Chair -Beach Ball -Texas State Aquarium. (Health/Human Services) (9 -2 -09) Stefany Tegeler Schade Self - Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (Financial Institution) (5- 28 -09) -319- 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of the FY 2010 Capital Budget and Capital Improvement Planning Guide. STAFF PRESENTER(S): Name Title /Position Department 1. Oscar Martinez Assistant City Manager 2. Cindy O'Brien Interim Assistant City Manager REQUIRED COUNCIL ACTION: Overview of the FY 2010 Capital Budget and Capital Improvement Planning Guide. PowerPoint X El Supplemental Information Eddie Houlihan Assistant Budget Director Eddieho(acctexas.com 361.880.3792 E ct O J C!� bio .4FJ6) E (,) 4) r-d 01.) ic_i 0 cn KCL) p U E 0 (C/j • U 4..) •r-I Capital Budget Approach u) co O a) -a c co Cl) a) . > C) L F; . ∎ 0 c m O 0 c O >,% L o ▪ L 0 O u) a) a) -a a) c IP c O C) O u) u) a) c L co co -a a) c a) _c c) •_ a) u) a) II' >,% • _ IP= c O t co o. 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