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HomeMy WebLinkAboutAgenda Packet City Council - 01/19/2010NUMMI MOW ..0•`.• /100 anuary 19,2010 ea _Lir:40 Min wijk miPAIQ4 prim flarteli 11:45 A.M. - Proclamation declaring January 18, 2010 as "Martin Luther King Holiday Celebration and Commemorative March Day" Certificate of Commendation: Ruben Bonilla, Jr. for his service on the Port of Corpus Christi Authority of Nueces County, Texas 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 JANUARY 19, 2010 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 limitedo, habit 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 Pastor Don Tuttle, First Christian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor 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 January 19, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of January 12, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -10 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $141,008.92. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or Agenda Regular Council Meeting January 19, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) his designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants and the Operations Budget of the Senior Community Service Division. (Attachment # 2) Ben E. Keith San Antonio, Texas 86 Items $60,880.04 Performance Food Group Victoria, Texas 88 Items $80,128.88 Grand Total: $141,008.92 3. Motion authorizing the purchase of specialized equipment for the Corpus Christi — Nueces County Public Health District (City) for a total amount of $61,188 under the Community Preparedness Section /Public Health Emergency Response (PHER) — Focus Area 2 grant awarded to Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund No. 1066. (Attachment # 3) 4. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $279,529 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant and to execute all related documents. (Attachment # 4) b. Ordinance appropriating $279,529 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund-to purchase equipment for the Police Department and an educational program for Municipal Court. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Del Mar College for joint affiliation in the training of fire cadets. (Attachment # 5) 6. a. Motion authorizing the City Manager, or his designee, to execute an Agreement with Union Pacific Railroad Company in the amount of $138,798 for improvements to existing public road at grade crossing, for Port Avenue, DOT 435 497v. (Attachment # 6) Agenda Regular Council Meeting January 19, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $148,026.15, for a total re- stated fee of $8,389,415.06, for construction of a road crossing at the Union Pacific Railroad Track, as part of the street improvements to North Port Avenue from IH 37 to US 181. (BOND ISSUE 2004) (Attachment # 6) 7 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $93,195.60, for a total restated fee of $469,837.70, for additional clearing and debris handling, as part of the Las Colonies Subdivision Drainage Improvements and Drainage Channel Clearing Stabilization at Saratoga Bridge Project. (Attachment # 7) 8. Resolution authorizing the City Manager or his designee to execute all documents necessary to enter into an agreement to contribute local funds with the Texas Department of Transportation (TxDOT) for an amount of $100,000 in participation funding costs to the City for certain highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard South to Oso Creek Bridge. (BOND ISSUE 2004) (Attachment # 8) 9. a. Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Smith Parties and Peterson Parties, Developers of Oso River Estates, in the amount of $753,034.67 for the City's portion of the cost of extending Ennis Joslin Road, including the Ennis Joslin Road Bridge over the Williams Ditch, in accordance with the Platting Ordinance. (BOND ISSUE 2008) (Attachment # 9) b. Motion authorizing the City Manager to execute a Deferment Agreement with Smith Parties and Peterson Parties (Developer), in the amount $459,521.32 for the construction of Williams Drive for Oso River Estates, located south of South Padre Island Drive (SH 358) and west of Paul Jones Avenue, contingent upon receipt of an acceptable form of financial document compliant with City requirements. (BOND ISSUE 2008) (Attachment # 9) Agenda Regular Council Meeting January 19, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Second Reading Ordinance - Renaming the park located at 10622 Frontier Drive, Frontier Drive at Wind Rock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. (First Reading — 01/12/10) (Attachment # 10) I. 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. J. PUBLIC HEARINGS: ZONING CASES: 11. Case No. 1209 -02, Reimco, Inc.: A change of zoning from the "A -1" Apartment House District to the "AB" Professional Office District on property described as Bay View, Block 1, Lots 13 through 16, generally located south of Buford Street, on the comer of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3`d Street. (Attachment # 11) Planning Commission and Staffs Recommendation: Approval of the "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance, upon application by Reimco, Inc., on behalf of First Church of Christ, Scientist, by changing the Zoning Map in reference to Bay View, Block 1, Lots 13 through 16, from "A -1" Apartment House District to "AB" Professional Office 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. Agenda Regular Council Meeting January 19, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Case No. 1209 -03, BL Real Estate Holding Company, LP: A change of zoning from the "B -1" Neighborhood Business District to the "B -3" Business District on property described as Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive. (Attachment # 12) Planning Commission's Recommendation: Approval of the "B- 3" Business District. Staffs Recommendation: Denial of the "B -3" Business District and in lieu thereof a Special Permit for an open -air pavilion /events center with eight conditions and subject to an approved site plan. ORDINANCE Amending the Zoning Ordinance, upon application by BL Real Estate Holding Company, LP, by changing the Zoning Map in reference to Tyler Subdivision Block 1, Lots 2, 12, 13, and 14, from "B -1" Neighborhood Business District to "B -3" 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. 13. Case No. 1209 -04, Corpus Christi Housing Authority (La Armada Site): A change of zoning from the "A-1" Apartment House District to the "B -1" Neighborhood Business District on property described as: Tract I: 9.089 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,360 feet northeast of Horne Road. Tract II: 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,482 feet north of Horne Road. (Attachment # 13) Planning Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District for Tract I and Tract II. Agenda Regular Council Meeting January 19, 2010 Page 7 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Corpus Christi Housing Authority, by changing the Zoning Map in reference to 9.089 acres out of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, and 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, from "A -1" Apartment House District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Bath Engineering Corporation of Corpus Christi, Texas in the amount of $380,915, for a total restated fee of $826,515, for the O.N. Stevens Process Monitoring Instrumentation and Automation improvements Project. (Attachment # 14) 15. First Reading Ordinance - Authorizing the City Manager or his designee to execute a second amendment to the lease agreement between the City and South Texas Institute for the Arts to decrease the leased premises in order to create the Antonio E. Garcia Park. (Attachment # 15) 16. First Reading Ordinance - Dedicating the approximately .98 acre area located adjacent to the building currently occupied by Antonio E. Garcia Arts and Education Center, located at the intersection of Agnes Street and 17th Street, as the "Antonio E. Garcia Park ". (Attachment # 16) 17. Second Reading Ordinance — Amending the Corpus Christi Zoning Ordinance by amending Article 6B titled "Townhouse Dwelling District Regulations" and creating a new Article 6B titled "Cottage Housing District "; by creating an additional Article labeled 6C, for the "Townhouse Dwelling District Regulations "; by creating Section 6C -2 and amending Sections 7 -2, 8 -2, 8A -2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, and 14A -2 to allow Cottage Housing as a Permitted Use; by including new Definitions; by Agenda Regular Council Meeting January 19, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) providing Development Standards and Regulations; providing for increased Density and Low - Impact Development on smaller lots within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting Ordinances, providing for penalties; providing for publication; and providing an effective date. (POSTPONED TO FEBRUARY 16, 2010) (Attachment # 17) SPECIAL BUDGET CONSIDERATION ITEM: 18. Resolution approving preparation of Ordinance to change FY 2009 -2010 Operating Budget due to projected decline in sales tax revenues, by decreasing expenditures and revenues in the General Fund No. 1020 by $5,897,604. (Attachment # 18) PRESENTATIONS: Public comment will not be solicited on Presentation items. 19. Corpus Christi Convention and Visitor's Bureau (CVB) Quarterly Report (Attachment # 19) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 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. Agenda Regular Council Meeting January 19, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at Pj; OD p.m., on January 14, 2010. 7(1T)-Y1--,1-4L('L 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 $ C,nL:hrplr, Chns. Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 PRESENT Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 12. 2010 - 12:00 p.m. 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 Pastor David Bierne with Travis Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 meetings of December 8, 2009 and December 15, 2009. A motion was made and passed to approve the minutes as presented. follows: * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as 2. Executive Session under Texas Government Code Section 551.071, Consultation with Attorney, regarding In re Port of Corpus Christi Authority Verified Petition to Take Deposition Before Suit, Cause No. 09- 6383 -B in the 117th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. 3. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN101610400; TCEQ ID No.: WO0010401 -003; EPA ID No.: TX0047074, with possible discussion and action in open session. 4. Executive Session under Section 551.072 of the Texas Government Code regarding War - Cat Youth Football and Nueces County for the lease of Equistar Field located near McKinzie Road at Haven Drive, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Minutes — Regular Council Meeting January 12, 2010 — Page 2 * * * * * * * * * * ** Mayor Adame referred to Item 5 and the following board appointments were made: Marina Advisory Committee Robert Vega (Reappointed) Dan Leyendecker (Reappointed) John Adams (Reappointed) Nils Stolzlechner (Reappointed) Robert Cagle (Reappointed) Hal Suter (Reappointed) Marie Adams (Reappointed) Roy Pell (Reappointed) Rakesh Patel (Reappointed) Watershore and Beach Advisory Committee Joanna Mott (Reappointed) Robert Thomas (Reappointed) Jake Herring (Reappointed) Kimberly Lemly (Reappointed) Neil McQueen (Reappointed) Jim Needham (Reappointed) JoAnn Gilbertson (Reappointed) Willie Rivera (Appointed) John Powell (Appointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 6 - 19). There were no comments from the public. Council members requested that Items 7 and 19 be pulled for individual consideration. City Secretary Chapa announced that Item 17 was withdrawn by staff. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 028453 Ordinance authorizing the City Manager or his designee to execute a six -month lease extension with War -Cat Youth Football League, a nonprofit organization, ( "Lessee ") and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for Lessee youth football program, in consideration of maintaining the premises and improvements. 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.a. MOTION NO. 2010 -001 Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $75,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. MOTION NO. 2010 -002 Motion authorizing the City Manager, or his designee, to execute a subcontract with SERCO of Texas in the amount of $100,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. 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 January 12, 2010 - Page 3 RESOLUTION NO. 028456 Resolution authorizing the submission of a rant application in the amount cf $29.573.28 to the State of Texas, Criminal Justice Division for funding available under the Recovery Act - Violence Against Women Act (VAWA) for the Police Department's Family Violence Unit, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.a. MOTION NO. 2010 -003 Motion adopting the timetable for the FY2010 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.b. MOTION NO. 2010 -004 Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. ORDINANCE NO. 028457 Ordinance ratifying the reinstatement of a lease agreement between the City, Atlantic Aviation FBO Holdings, L.L.C., and Mercury Air Center - Corpus Christi, Inc., d.b.a. Atlantic Aviation; authorizing the City Manager, or his designee, to execute an amendment to the agreement to extend the term until October 14, 2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. MOTION NO. 2010 -005 Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $441,639 for the Art Museum of South Texas HVAC Project, for the Total Base Bid and Additive Alternate Bid Nos. 1, 2 and 3. (BOND ISSUE 2008) 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 January 12, 2010 — Page 4 13. MOTION NO. 2010 -006 Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Infinity Builders of Laredo, Texas in the amount of $47,201, for a total restated fee of$296,201 for H.E.B. and Al Kruse Tennis Centers Court Improvements, to patch and paint each of the remaining seven tennis courts, at Al Kruse Tennis Center. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. MOTION NO. 2010 -007 Motion authorizing the City Manager, or his designee, to ratify and execute Change Order No. 2 to the construction contract for Americans with Disabilities Act (ADA) ramp and sidewalk improvements with Ram -Bro Contracting, Inc., of Robstown, Texas in the amount of $64,353, for a restated amount of $583,328, to provide ADA - compliant curb ramps at the intersections of PR 22 and SH 361, and PR 22 and Whitecap Boulevard. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. MOTION NO. 2010 -008 Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $81,297.92, for a total restated fee of $2,920,986.26, for concrete box culverts along Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16.a. MOTION NO. 2010 -009 Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with William B. Miller, Jr., d.b.a. Del Mar Distributing Co., Inc., in the amount of $72,862, plus $1,300 in closing costs for the purchase of fee simple property rights for Parcel 1, containing 13,499 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project and for other municipal purposes. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. 16.b. MOTION NO. 2010 -010 Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Cloudcroft Land Ventures, Inc. in the amount of $84,962, plus $1,350 in closing costs for the purchase of fee simple property rights for Parcel 3, containing 12,873 square feet of commercial property on Yorktown Boulevard between South Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project and for other municipal purposes. (BOND ISSUE 2008) Minutes — Recular Counci Mieet,nc January 12, 2010 — Page 5 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Keschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. 17. W'THDRAWN BY STAFF 18. RESOLUTION NO. 028458 Resolution authorizing the City Manager or his designee to submit a nomination form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868 for Yorktown Boulevard, Staples to Cimarron Landscaping Improvements Project, with a City match of $338,467 in the No. 3546 Street General Obligation (GO) Capital Improvement Program (CIP) Fund, and a total construction cost of $1,692,335. (BOND ISSUE 2004) 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 opened discussion on Item 7 regarding a grant from the State Energy Conservation Office. Council Member Marez asked if this grant was related to a previous presentation provided by the City of Austin. Director of Gas Operations Debbie Marroquin stated that staff applied for this grant during the State Energy Conference. Assistant City Manager Oscar Martinez explained that the previous presentation provided by Juan Garza with the City of Austin was regarding the conversion of use of electrical vehicles. City Secretary Chapa polled the Council for their votes as follows: 7.a. RESOLUTION NO. 028454 Resolution authorizing the City Manager or his designee to accept Grant No. TR -AGI -2010 from the State Energy and Conservation Office in the amount of $400,000 with a minimum 20% in -kind City match, for alternative fuels and related technology, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.b. ORDINANCE NO. 028455 Ordinance appropriating $400,000 from the State Energy Conservation Office (SECO) in Fund No. 1053, Gas Department Grants Fund, to upgrade existing Compressed Natural Gas Station, located at 2525 Hygeia Drive. 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 ". Minutes — Regular Council Meeting January 12, 2010 — Page 6 Mayor Adame opened discussion on Item 19 regarding a lease agreement with the Corpus Christi Police Officers Association (CCPOA). Council Member Leal asked whether lease agreements with non - profit organizations had a lease fee of $1 per year and requested that staff research other leases. Interim Director of Park and Recreation Stacie Talbert stated that each lease with non - profit organizations is scheduled differently. Procurement Manager Paul Pierce reported that initially the City was requesting a higher lease price and that the City and the CCPOA negotiated to the price of $50 per year. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 028459 Authorizing the City Manager, or designee, to execute a twenty -year lease and use agreement with the Corpus Christi Police Officers' Association, a not for profit corporation, to operate a youth athletic /boxing program at 908 Park Avenue, Corpus Christi, Nueces County, Texas in consideration of the Corpus Christi Police Officer's Association, a not for profit corporation, paying $50 per month. (First Reading — 12/08/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". Mayor Adame opened discussion on Item 20 regarding the Greenwood Softball Complex Renovation. Director of Engineering Pete Anaya introduced Project Manager Billy Delgado. Mr. Delgado referred to a powerpoint presentation including the background; site location; project scope; phasing descriptions; project delivery; schedule; and cost. In response to Council Member Adler, Mr. Delgado stated that shade covers are included as part of the alternate bid. A brief discussion ensued regarding including shade covers in the base bid as a standard practice. Council Member Marez asked staff to carefully review bids to reduce the number of change orders. Mayor Adame asked if there was a plan in place to use effluent water. Mr. Anaya stated that currently there is no plan in place to use effluent water at the Greenwood Complex; however, staff is currently working on a water reuse plan. MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Park and Recreation Department for working on this quality project. City Secretary Chapa polled the Council for their votes as follows: 20.a. MOTION NO. 2010 -011 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas, in the amount of $560,087.80 for the Greenwood Softball Complex Renovation for Phases I, III and IV. (BOND ISSUE 2008) 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 January 12, 2010 — Page 7 20.b. MOTION NO. 2010 -012 Motion authorizing the City Manager or - s designee to execute a Texas Buy Board Contract with Musoo Sports Lighting LLC, of Round Rock, Texas, in the amount of $601,800 for the Greenwood Softball Complex Renovation for Phase II. (BOND ISSUE 2008 The foregoing motion was passed and approved with the following vote: Adame, Adler.. Chesney; Elizondo, Kieschnick, Leal; Marez, Martinez, and Scott, voting "Aye ". Council Member Martinez made a motion directing staff to use the contingencies to install shade structures. The motion was seconded by Ms. Adler. 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 21 regarding the O.N. Stevens Raw Water Influent Improvements. Director of Engineering Pete Anaya introduced Freese and Nichols representatives Robert Pence and Ron Guzman. Mr. Anaya referred to a powerpoint presentation including the existing treatment plant conditions; hydraulic ratings; historical drought flows; the hydraulic bottlenecks; and headwork improvements, key features and probable costs. Council Member Leal thanked staff for expediting the projects and recognizing a cost savings. Mayor Adame encouraged council members to tour the O.N. Stevens Water Treatment Plant. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, commented on staffs hard work on this project and the cost savings. Carolyn Moon, 4902 Calvin, spoke regarding water conservation and drought conditions. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2010 -013 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $1,880,000, for a restated amount of $1,927,500, for the O. N. Stevens Raw Water Influent Improvements for preliminary design, design, bid and construction phase services, and additional services. 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 22 regarding the renaming of Overland Park. Interim Director of Parks and Recreation Stacie Talbert stated that staff received a requested to rename Overland Park to Lt. Stuart Alexander Memorial Park. Ms. Talbert provided a brief overview of the process and reported that the Park and Recreation Advisory Committee approved the renaming at their December meeting. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting January 12, 2010 — Page 8 22. FIRST READING ORDINANCE Renaming the park located at 10622 Frontier Drive, Frontier Drive at Wind Rock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye„ Mayor Adame announced that Item 24 was postponed until January 26" In response to Council Member Martinez, Assistant City Manager of Development Services Johnny Perales explained that the public hearing generated interest in the community and staff needed additional time to incorporate input from the public. 24. POSTPONED UNTIL JANUARY 26, 2010 • Article 66 titled "Townhouse Dwg Dictrist Regulations" and creating a new Article 6B • ». Sections 7 2, 8 2, 8A 2, 9 2, 10 2, 11 2, 12 2, 12A 2, 13 2, and 14A 2 to allow Cottage publication; and providing an effective date. * * * * * * * * * * * ** Mayor Adame referred to Item 25 regarding a presentation on the Corpus Christi Ozone Trending and Future Attainment. Director of Environmental Services Peggy Sumner introduced Gretchen Arnold, Director of Pollution Prevention Partnership with Texas A & M University— Corpus Christi. Ms. Arnold referred to a powerpoint presentation on the air quality status in Corpus Christi including the current standards and trending; the possible new U.S. Environmental Protection Agency (EPA) proposed standards; the expected schedule; the impact of new standards on Corpus Christi; possible consequences of non - attainment; the Corpus Christi emission sources; and next steps. The following topics pertaining to this item were discussed: the composition of the Corpus Christi Air Quality Group; whether the group has been able to measure the effects of the Las Brisas Plant; EPA's consideration to lowering the threshold of allowable levels of ozone and the possible range; the current EPA ozone standard; the response by public health and industrial groups to begin litigation once the EPA lowers its threshold; whether the Las Brisas permitting process would be effected by the EPA lowering the threshold; significant changes that the community could do to make an impact on lowering emissions; funding sources if the City fell into non - attainment; whether the studies reviewed by the Air Quality Group regarding the Las Brisas Plant were non -bias; the reason that 2005 data was provided on the Corpus Christi emission sources and when up -to -date information will be provided; location of air quality tracking monitors; the reason the State School area was selected as a air quality monitoring site; when the new EPA standard would go into effect; and future initiatives by the Air Quality Group Minutes — Regular Council Meeting January 12, 2010 — Page 9 Council Member Chesney requested a copy of the Texas A & M University— Kingsville study and the University of Texas study regarding the Las Brlsas Plant. Council Member Scott requested that staff include the explanation of the TAMU - Kingsville study prepared PA, former City. empioyee Ron Barnard. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 23 regarding the Memorial Coliseum project. Mayor Adame announced that he would recuse himself from the discussion on the negotiations with the National Swimming Center Corporation (NSCC) and would return for any other discussion. Mayor Pro Tem Leal opened discussion on the NSCC negotiations. John Bell, Attorney; provided an update on the negotiations with the NSCC since the December 15th meeting including two telephone conferences; resolving the issues of the lease area and zoning; and addressing the two key issues including the site plan and the $5 million shortfall in the renovation project. Mr. Bell added that the $5 million shortfall is still present and could be up to $6 million. Mr. Bell also reported that the NSCC is having difficulty acquiring a hotelier willing to move forward on the construction ofa hotel during the current economic conditions. Fred Yeo, President of the NSCC, apologized for the lack of communications over the past weeks and provided a brief overview of the challenges the swim center continues to face. Mr. Yeo thanked the Council for working with the NSCC and stated that the NSCC will support any decision made by the Council today. Mr. Yeo further stated that the NSCC looks forward to working with the City of Corpus Christi in the future. Mr. Bell explained that the Council made a motion on November 17, 2009 to begin the process to demolish the Memorial Coliseum and move concurrently to negotiate with the National Swimming Center Corporation (NSCC) through January 12, 2010. Mr. Bell added that in order to resolve the issue from the November 17th meeting, the Council would either need to decide to continue or cease negotiations with the NSCC. Mr. Kieschnick made a motion to cease negotiations with the National Swimming Center Corporation (NSCC). The motion was seconded by Mr. Scott. Council members thanked Mr. Yeo and Bill Harrison for their work on this project and commended them on their business practices. City Secretary polled the Council for their votes as follows: 23. MOTION NO. 2010 -014 Motion to cease negotiations with the National Swimming Center Corporation (NSCC). The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame abstained. Mayor Adame returned to discussion on the Memorial Coliseum. City Manager Escobar provided a timetable for the demolition schedule with construction to be completed by the first week in June. Mayor Adame closed discussion on this item. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, stated that the Bay Area Smart Growth Initiative is in support of George Clower's proposal for an open air facility and recycling the Memorial Coliseum. Rebecca Stroisch, 920 Waco, thanked the City for -9- Minutes — Regular Council Meeting January 12, 2010 — Page 10 fixing the turning lane on Staples Street and asked the City to clean up the trash collected during a clean up effort at Lovenskioid Park. Mary Lou Huffman, 402 Old Robstown Road, stated that the City is responsible for the deterioration of the Memorial Coliseum and asked the Council not to demolish the building. George Clower, 304 S. Morningside, presented a proposal to preserve the Memorial Coliseum by developing an open air pavilion and festival park in compliance with the master plan. Mayor Adame asked Mr. Clower to meet with staff to determine the feasibility of the project. Roger Landres spoke in support of George Clower's concept for the Memorial Coliseum. John Kelley, 3621 Austin, stated that the Council should not tear down the Memorial Coliseum but instead find a public re- adaptive use for the facility. Mr. Kelley spoke in support of the open air concept for the Coliseum. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. JoAnn Gilbertson, 4601 Gulf Breeze Boulevard, spoke in support of George Clower's proposal for an open market plan. Judy Telge, 316 Palmero, thanked the Council for listening to the public and spoke in support of the potential of George Clower's proposal. Felisha Moye, Advanced Temporaries Inc., spoke regarding Bid No. BI- 0076 -09 for temporary staffing services. Ms. Moye stated that the City will acquire additional expenses by not following the bid criteria and going with the higher bidder. Ms. Moye requested that this item be placed on a future agenda to address this issue. Council Member Kieschnick requested that this item be placed on the agenda. Carrie Robertson, 4401 Gulf Breeze Boulevard, spoke in support of George Clower's plan for an open air structure for the Memorial Coliseum and hoped that the Council would consider this plan instead of tearing it down. Henry Williams, 2422 Summers, spoke regarding the historic value of the Coliseum to the community and asked the Council to treat the Coliseum with the respect and dignity of a historical building. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, reminded the Council of the Mayor's State of the City address on January 20th and thanked the Council for the Shoreline project. Mary Ann Kelly, 4302 Schanen, spoke in opposition to demolishing the Memorial Coliseum and the people not given the choice to vote on its outcome. Abel Alonzo, 1701 Thames, thanked the Council for the comments made regarding the NSCC proposal and hoped that the NSCC would consider Corpus Christi in the future. Mr. Alonzo also stated that he was in favor of demolishing the Coliseum but would like the Council and the public to hear George Clower's proposal. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:40 p.m. on January 12, 2010. * * * * * * * * * * * ** 2 Requested Council Action: 1/19/10 Alternate Council Date: 1/26/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -10 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $141,008.92. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants and the operations budget of Senior Community Services Division. Ben E. Keith San Antonio, Texas 86 Items $60,880.04 Performance Food Group Victoria, Texas 88 Items $80,128.88 Grand Total: $141,008.92 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: These food items will be used by Senior Community Services for the Elderly Nutrition Program. Award Basis: Funding: The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council of Aging, Duval County Elderly Program, Bee Community Action Agency, Community Action Corporation of South Texas (C.A.C.O.S.T.) headquartered in Alice, Texas, Kleberg County Human Services, Live Oak County Elderly Program, Nueces County Senior Community Services, and Refugio County Elderly Services. The recommended award is based on only bid, low bid, and low bid meeting specifications. Items awarded as low bid meeting specification are based upon the quality and/or packing standards identified in the bid documents. These contracts are partially supported through State and Federal grant funding as shown below. Senior Community Services (FY09 -10) 520070- 1020 -13030 $69,094.37 520070 -1067- 00000 - 810510 (State Grant) 25,381.61 520070 -1067- 00000 - 810810 (Federal Grant) 46,532.94 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com cctexas.com -13- Total Amount: $141,008.92 COUNCIL OF GOVERNMENTS - STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Council Date: January 19, 2010 Bid Tabulation: CBCOG -10 -1 Ben E. Keith San Antonio, Texas Canned Fruit, Canned Vegetables, Dried Vegetables, Canned Meat, Condiments, Juices, Oil and Shortening, Relishes, Soup & Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Poultry, Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Performance Food Group Victoria, Texas Canned Fruit, Dried Fruit, Canned Vegetables, Dried Vegetables, Canned Meat, Condiments, Dressing, Juices, Relishes, Soup & Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Fish, Pork, Poultry, Bread, and Dairy $60,880.04 $80,128.88 Grand Total: $141 ,008.92 3 Requested Council Action: 01/19/10 Alternate Date: 01/26/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for Corpus Christi - Nueces County Public Health District (City) for a total amount of $61,188.00 under the Community Preparedness Section /Public Health Emergency Response (PHER) — Focus Area 2 grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 1066. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The Texas Department of State Health Services entered into a contract with the Corpus Christi - Nueces County Public Health District in September of 2009. The City accepted the grant on October 20, 2009. This award is in compliance with that agreement. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. This award is structured in compliance with the Community Preparedness Section /Public Health Emergency Response (PHER) — Focus Area 2 grant disclosure requirements. Funding: Health Grant Fund - 550040 -1066- 00000 - 831801 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com $61,188.00 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/19/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $279,529 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant and to execute all related documents. B. Ordinance appropriating $279,529 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund funds to be used for the purchase of equipment for the Police Department and an educational program for Municipal Court, and declaring an emergency. ISSUE: City Council must accept the grant and appropriate the funds. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds PREVIOUS COUNCIL ACTION: Approval to submit the grant on 10/13/2009. FUNDING: There is no match required of the grant. Funds are available from 10/01/2009 — 09/30/2010. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. . i roy iggs Chief of Police 886 -2603 Attachments: • Award document from U.S. Department of Justice BACKGROUND INFORMATION The Police Department will utilize $250,000 of the funds to upgrade the existing trunked radio system to meet the State of Texas mandated P -25 compliance. What is known as the "Project 25" (P25) digital "suite of standards" is that any manufacturer's radios that are "P25 compliant" can communicate with any other vendor radios that have the same certification and operate in the same radio frequency band (VHF, UHF, 700/800 MHz are the three primary bands — Texas will be primarily using VHF and 700/800 MHz). Currently during times of crisis, such as a hurricane hit to Corpus Christi, incoming outside federal, state, and other mutual aid units will not be able to communicate on the Corpus Christi system. The Texas Statewide Communications Interoperability Plan (SCIP) — adopted by the Governor's Office on 11/26/07 and approved by U.S. Dept. of Homeland Security on 4/4/08, requires Texas public safety agencies to be fully "Project 25 standards -based shared systems" (P25) compliant by January 1, 2015, or risk losing federal and state grant funding. This request will enhance the continuing efforts to upgrade the system to include 700 Mhz and 800 Mhz radios using the P -25 suite of standards. The P -25 digital control switch will be the central control point for all P -25 systems in the Corpus Christi region. Since the P -25 suite of standards is the required protocol by Federal and State mandates, it is essential that the switch be implemented as soon as possible so that the mandated deadlines can be met. Upgrades to repeater sites and user equipment (mobile and portable radios) are currently being upgraded through altemate funding sources. Municipal Juvenile Court will introduce a new prevention program called CHARACTER EDUCATION PROGRAM for juveniles and parents, estimated cost $29,529 for materials, supplies, training, etc. The purpose of this program is to educate youth who commit minor offenses and their parents about good character development. Research by the non - profit organizations CHARACTER FIRST and THE SEARCH INSTITUTE suggests that youth who demonstrate good character traits and possess more of the "40 Developmental Assets" are less likely to engage in negative or unlawful behavior and more likely to finish school. This program seeks to add strength - based education and training to the prevention options available to the Municipal Juvenile Court using materials from these non - profit organizations. Four non - profit community agencies have agreed to participate in the development and implementation of the program. They are: Corpus Christi Citizens for Educational Excellence, Communities in Schools, Taking Back the Streets in the Name of Jesus Christ, and Corpus Christi Teen Court. It is our hope that after training of the use of the materials and curriculum from CHARACTER FIRST, representatives from the non - profits will expand the program into their agencies and further assist the youth of Corpus Christi. S t a t e of T e x a s O f f i c e of t h e G o v e r n o r Criminal justice Division Rick Perry Governor December 17, 2009 Mr. Angel Escobar City Manager PREVIEW - Corpus Christi, City of - PREVIEW - P. O. Box 9016 Corpus Christi, Texas 78469 -9016 Dear Mr. Escobar. Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at https' c, n!ine.•aog n ::r. i..e ty. .us and go to the `My Home' tab. In the `Project Status' column, locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to the `Accept Award' tab. From this tab, click on the `Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer CJD grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. I hope you continue to find the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensure the success of your program. Sincerely, Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463 -1919 (Voice) / (512) 475 -2440 (FAX)/ Dial 7 -1 -1 For Relay Services Grant Number: SU- 09 -A10- 22287 -01 Program Fund: SU- 16.803 Stimulus (2009 ARRA) - Edward Byrne Memorial Justice Assistance Gran Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Title: Edward Byrne Justice Assistance Grant Grant Period: 10/01/2009 - 09/30/2010 liquidatim Date: 12/29/2010 Date Awarded: December 17, 200 CJD Grant Manager: Kristopher Krueger CJD Award Amount: S279,529.00 Grantee Cash Mahn: $0.00 Grantee In Kmd Match: S0.00 Total Project Cost $279,529.00 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund- Spsdfc Requirement(s): 1 Any commwticelians equipment or technologies purchased must comply with the interoperablity standards established within the agency's region. Documentation certifying complierce must be submitted by your Council of Goverment and uploaded into eGrants. Please upload certification by your Council of Goverment that the communications equipment you intend to purchase is compliant with its itteroperability standards. 2 Procurement Questionnaire: Per the TAC, Section 3.77 and Section 3.81: "grantees must submit to CJD a CJD- lrescribed Procurement Questiornaim wlhen .apracurementis expected to exceed S1W,000.Inaddition, CJD may require the grantee to submit supporting docwnentation on a case -by -case basis. Rick Perry Governor S t a t e of T e x a s O f f i c e of t h e G o v e r n o r Criminal Justice Division Memorandum To: CJD Giant Recipients Front: Aimee Snoddy, Deputy Director Contact: (512) 463 -1919 Re: Grantee Responsibilities Date Awarded: December 17, 2009 Congratulations on your grant award from Governor Rick Perry's Criminal Justice Division (CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources, refer to the Grant Resources section of eGrants available online at Financial Reporting— Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter, regardless of when the grant was awarded. Due dates are: April 22 (January -March quarter) July 22 (April -June quarter) October 22 (July - September quarter) January 22 (October- December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization — Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report, a payment will be issued through direct deposit or electronic transfer. Generated Program Income — Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be expended prior to seeking payments from CJD. Program income must be accounted and used for the purposes of the grant activites as awarded. Grant Funded Personnel — Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes — Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes, including updating contact information for grant officials. Equipment — Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report should be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond — Each nonprofit corporation receiving funds from CJD will obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss and/or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications — Grantees must immediately notify CJD in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness — Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting— Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by CJD, or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring — Grantees must readily make available to CJD or its agents all requested records. CJD may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues, findings, or actions identified by CJD within the time frame specified by CJD. Audit Requirements — Grantees expending over 5500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No. A 133 at it .-W, . _ ' ,.: !.;, . ,..., and the State Single Audit Circular issued under the Uniform Grant Management Standards (UGMS) at voo, „ rail Grantees must electronicall submit to CJD copies of the results of any single audit conducted in accordance with OMB Circular No. A -133 at or in accordance with the State Single Audit Circular issued under UGMS, within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. Supplanting — Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. Refer to the Guide to Grants at for additional information on supplanting. Conflict of Interest — Grantees should have in place established safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Contracting and Procurement — Grantees must follow their established policy and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. When a contractual or equipment procurement is anticipated to be in excess of $100,000, grantees must submit a Procurement Questionnaire - to CJD for approval prior to procurement. Travel — Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in -state and out -of -state travel, grantee must use the travel guidelines established for state employees. Uniform Crime Reporting — Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and will ensure that prompt reporting will remain current throughout the grant period. Limited English Proficiency — Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Additional information on this requirement can be found at Law Enforcement Programs — Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R Part 23 Training - Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R. Part 23 at least once for each continuous two-year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel - Grantees whose approved budget contains line item(s) related to overtime for grantee agency personnel must upload a copy of the overtime policy approved by its governing board. This policy will be considered the official policy for grant purposes and must be used throughout the grant period. The policy must 1) clearly describe how overtime will be calculated; 2) be consistent with the agency's overtime policy, and 3) treat grant -paid personnel the same as non -grant paid personnel. CJD will monitor overtime expenditures based on this policy. Cancellation for Awards - Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days. If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must report by letter to CJD the steps taken to initiate the project, the reasons for delay, and the expected revised start date. Commencement Within 90 Days. If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to CJD explaining the implementation delay. Upon receipt of the 90 -day letter, CJD may cancel the project and redistribute the funds to other project areas. CJD may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90 -day period. Public Information Requests - Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agendes and Individuals - Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local, state, or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection. In addition, grant- funded or grant- leased motor vehicles may not be used for the purpose described above. • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act (5 U.S.C. §§ 1501- 1508) which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: 1) be candidates for public office in a partisan election; 2) use official authority or influence to interfere with or affect the results of an election or nomination; or, 3) directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist - Grant funds may not be used to employ, as a regular full -time or part -time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist Legislative Lobbying - Grant funds may not be used to attempt to influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages - Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition, grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. OneStar Foundation Registration and Organization Profile for Nonprofit Corporations - Each nonprofit corporation receiving funds from CJD must register and connect their organization with the OneStar Foundation at Each nonprofit corporation is also encouraged to create an organizational profile with the OneStar Foundation at _:, ,_:. = _. By completing the Organizational Profile, your organization will be eligible to receive notification of opportunities, such as: • Organizational excellence scholarships to build the capacity of your organization, including organizational assessments, trainings, consulting, conferences and other professional development activities • Funding announcements and events related to national service and volunteerism; and • Chances to participate in important research on the needs and trends of the social sector and its stakeholders. Rick Perry Governor S t a t e of T e x a s O f f i c e of t h e G o v e r n o r Criminal Justice Division Memorandums To: CJD Grant Recipients of American Recovery and Reinvestment Act (Recovery Act) of 2009 Funds From: Aimee Snoddy, Deputy Director Contact: (512) 463 -1919 Re: Additional Recovery Act Conditions of Funding Date Awarded: December 17, 2009 Acceptance of your grant includes your acknowledgement and understanding that you will comply with the following conditions of funding that are in addition to the requirements outlined in your grant award packet: Financial Reporting and Job Reporting - In order for CJD to meet federal reporting requirements under the Recovery Act, sub - recipients are required to comply with the following items: • Financial Status Reports MUST BE SUBMTTED MONTHLY through eGrants and are due no later than the Sth calendar day of the following month. • Personnel expenditures must include the total cumulative hours worked by each grant-funded position from the grant start date through the Financial Status Report period. Note: This includes cumulative hens for any overtime expenses paid with grant funds. • The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse. ** *IMPORTANT NOTE * ** This condition of funding REPLACES the Fmandal Reporting condition as stated m the Grantee Responsibilities Memo issued with your standard grant award packet Grantees who do not submit required reports by the 5th calendar day following the close of each month will be placed on Vendor Hold. The hold will prohibit your agency's ability to request reimbursement on any grant your agency has received from CJD, including non- Recovery Act grants. Conflict with Other Standard Terms and Conditions - The sub - recipient understands and agrees that all other terms and conditions contained in this award, in CJD grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111 -5 ( "ARRA" or "Recovery Act") requirements. Access to Records - The sub - recipient understands and agrees that all inspector general, internal auditors, external contracted auditors, and all other personnel shall cooperate with any and all requests by State and Federal officials related to funds received or services delivered under the Recovery Act; and, shall make available to State and Federal officials all records for examination (including, but not limited to, books, papers, contracts, purchase orders, invoices, accounting records, general ledgers, timesheets and any other grant documents) related to Recovery Act funding, including such records of contractors and sub - contractors. Access to Premises and Personnel - The sub - recipient understands and agrees that State or Federal officials from the U.S. Department of Justice, U.S. Government Accountability Office, and Texas Office of the Governor are authorized to interview any officer or employee of the sub- recipient (or of any contractor, or sub - contractor) regarding transactions related to this Recovery Act award. One -Time Funding - The sub - recipient understands and agrees that awards under the Recovery Act are one -time awards and that its proposed project activities and deliverables are to be accomplished without additional grant funds. Separate Tracking and Reporting of Recovery Act Funds and Outcomes - The sub - recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including CJD awards from non - Recovery Act funds awarded for the same or similar purposes or programs. Accordingly, the sub - recipient's accounting systems must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The sub - recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non - award - related activities. Subawards or Contracts - Monitoring - The sub - recipient agrees to monitor subawards or contracts under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The sub - recipient is responsible for oversight of subaward or contract spending and monitoring of specific outcomes and benefits attributable to use of Recovery. Act funds by subawardees or contractors. The sub - recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards or contracts under this award. Active CCR Registration - The sub - recipient agrees to maintain current registration in the Central Contractor Registration database (: < . ) during which time it has active awards funded with Recovery Act funds. A valid Dun and Bradstreet Data Universal Number System (DUNS) Number (:\ ;.. h.coa 7 ) is one of the requirements for registration in the Central Contractor Registration database. Recovery Act Transactions Listed in Seheduk of Expenditures of Federal Awards - The sub - recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection form (SF -SAC) required by OMB Circular A -I33. This condition only applies if the sub- recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and the inclusion of the prefix "ARRA - "in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. This information is needed to allow CJD to properly monitor the expenditure of Recovery Act funds as well as facilitate oversight of the Federal awarding agencies, the U.S. Department of Justice, Office of the Inspector General (DOJ OIG), and the Government Accountability Office (GAO). Reporting and Registration Requirements Under Section 1512 of the Recovery Act - The sub-recipient agrees to complete projects or activities funded under the Recovery Act and to report on the use of Recovery Act funds as required by state and federal agencies. The sub - recipient agrees to comply with reporting requirements described in section 1512 of the Recovery Act using the reporting instructions and data elements provided by CJD. The sub - recipient understands and acknowledges that the information in these reports will be made available to the public. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct - The sub - recipient agrees to promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, sub- recipient, subcontractor, or other person has either I) submitted a false claim for Recovery Act fimds under the False Claims Act or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the DOJ OIG by mail at Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W., Room 4706, Washington, DC 20530; or e-mail at ;, . t ._ ,.. l,,,,: = ; or hotline at 800 /869 -4499 (contact information in English and Spanish) or hotline fax at (202) 616 -9881. The sub - recipient agrees to provide its employees, contractors and sub - contractors with the information contained in this condition. Additional information is available from the DOJ OIG website at _ h Protecting State and Local Government and Contractor Whisdeblowers - The sub - recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non- Federal employers who disclose information reasonably believed to be evidence of gross mismanagement, gross waste, a substantial and specific danger to public health or safety, abuse of authority, or violations of law related to the use of Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of the Recovery Act is available at q''x recover••':. Limit on Funds (Recovery Act, section 1604) - The sub - recipient agrees that none of the funds under this award may be used for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Infrastructure Investment (Recovery Act, section 1511 and 1602) - The sub - recipient agrees that it will not use any funds made available under this Recovery Act award for infrastructure investment. Wage Rate Requirements under section 1606 of the Recovery Act - The sub - recipient agrees that it will comply with section 1606 of the Recovery Act which requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through Recovery Act funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Misuse of Award Funds - The sub- recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from state or federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Additional Requirements and Guidance - The sub - recipient agrees that it will use Recovery Act funds in accordance with State and Federal laws; and, agrees to comply with any modifications or additional requirements that may be imposed by law and future State or Federal guidance and clarification of Recovery Act requirements. ARRA Funded Jobs - The sub - recipient understands that it is encouraged to post all Recovery Act funded job openings on WorklnTexas.com and distinguish Recovery Act fimded positions from positions funded through other sources of revenue. 2 ORDINANCE APPROPRIATING $279,529 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1061 POLICE GRANT FUND TO PURCHASE EQUIPMENT FOR THE POLICE DEPARTMENT AND AN EDUCATIONAL PROGRAM FOR MUNICIPAL COURT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $279,529 is appropriated from the U.S. Department of Justice, Bureau of Justice Assistance into the No. 1061 Police Grants Fund to purchase equipment for the Police Department and educational program for Municipal Court. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of January, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form December 17, 2009 T. Trisha S ng Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, Uwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi 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 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/19/2010 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with Del Mar College for joint affiliation in the training of fire cadets. ISSUE: Interlocal Cooperation Agreement - the Agreement associates the Corpus Christi Fire Department Fire Academy as part of Del Mar College. Fire cadets enrolled in the Fire Academy will simultaneously be enrolled in Del Mar College. Fire cadets will be awarded college credit hours upon successful completion of courses in the program. Fire cadets who are enrolled in Emergency Medical Services Profession or Fire Science courses will be exempt from payment of tuition and laboratory fees, as per current state law and Attorney General Opinion. When firefighters employed by the Corpus Christi Fire Department teach credit courses to the cadets, Del Mar College will reimburse the City, at the College's faculty rate, by ledger adjustment or reduction in charges to the Fire Department. This agreement is for one year and shall automatically renew annually, unless one of the participating parties provides a written notice of termination. REQUIRED COUNCIL ACTION: Council approval. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to execute the Interlocal Cooperation Agreement with Del Mar College for joint affiliation in training of fire cadets. Richard Hooks Fire Chief RLH @cctexas.com 826 -3932 Attachments BACKGROUND INFORMATION Previous agreement has now expired. Both parties are interested in continuing the joint efforts of training fire cadets. THE STATE OF TEXAS COUNTY OF NUECES INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ( "Agreement ") is made by and between the CITY OF CORPUS CHRISTI ( "City "), a municipal corporation and home -rule city of the State of Texas for its CORPUS CHRISTI FIRE DEPARTMENT ( "Fire Department "), acting by and through its governing body, the City Council, and the DEL MAR COLLEGE ( "College "), acting by and through its governing body, the Board of Regents. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ( "Parties "), authorized by appropriate actions of their governing bodies, hereby agrees as follows: SECTION 1. PURPOSE. The City desires to register and obtain college credit hours from College for the fire cadets who attend the appropriate or approved College courses at the Corpus Christi Fire Department Fire Academy. SECTION 2. SERVICES OR OBLIGATIONS OF THE CITY OR FIRE DEPARTMENT. (a) Provide a designated administrator to supervise the daily course instruction at the Corpus Christi Fire Department Fire Academy and to serve as a contact person and liaison between Fire Department and College for instruction purposes. (b) Provide the appropriate facilities, furnishings, and equipment to support the college- credit instruction at the Fire Department Fire Academy, (c) Provide a minimum of 15 students or cadets per class. The College Dean of the Division of Business, Professional, and Technology Education and the Vice President of Instruction may waive the minimum requirement. (d) Coordinate with College when scheduling courses /academies. (e) Adhere to all College policies and procedures including academic evaluation and placement of students, observance of course prerequisites, testing [other than required by the Texas Success Initiative (TSI)] and grading practices, and attendance requirements. (f) Pay all applicable fees, except as identified in Section 3(D, for cadets registered in College courses. (g) Assist, at College's request, in evaluating faculty and potential faculty; however, College has the final authority on faculty personnel matters. (h) Provide compensation to City's employees who instruct at the Fire Academy per the Fire Department's request. SECTION 3. SERVICES OR OBLIGATIONS OF THE COLLEGE. (a) Register fire cadets or students, at the Fire Department' s request, in the appropriate college credit courses; details of the registration procedure will be determined by mutual agreement between College and Fire Department. (b) Select and assign, with the Fire Department's liaison's approval, faculty members to teach College courses at the Fire Department Fire Academy. (c) Select and assign, with the Fire Department's liaison's approval, faculty members to precept students at approved clinical sites. (d) Award the appropriate college credit hours to students who successfully complete their college- credit courses. (e) Provide clerical and student services support, as coordinated by the Dean of the Division of Business, Professional, and Technology Education. (f) Waive payment of tuition and laboratory fees for the Fire Department personnel who are employed as firefighters and enrolled in College Fire Science or Emergency Medical Services Professions curriculum, in accordance with state law and the Texas Attorney General's Opinion. (g) In lieu of payment at the College faculty compensation rate, College will remand a like amount by ledger adjustment to City as a reduction in charges for each City employee who teaches College credit courses at the Fire Academy. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty (30) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices or receipts; and /or verified statement or supporting documentation). Each party which performs services under this Agreement will do so with funds available from its current revenues. SECTION 5. TERM OF AGREEMENT. This Agreement shall begin on November 1, 2009 and expire December 31, 2010. This Agreement shall automatically renew annually, unless one of the participating parties provides a written notice of termination to the other party at least thirty (30) days prior to the expiration of each annual term. The City Manager is authorized to execute any and all subsequent renewals and /or amendments to this Agreement. SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. SECTION 7. LIABILITY. Each party to this Agreement will be responsible for any civil Iiability for its own actions under this Agreement. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. The City and Fire Department liability to the College is limited to its employees action and in accordance with the Texas Tort Claims Act. SECTION 8. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or College in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement, including Attachments, represents the entire agreement between the Parties, and supersedes any and all prior agreements between the Parties, whether written or oral, relating to the subject of this Agreement. (c) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. City College Angel Escobar City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 Fernando Figueroa, PhD Provost and Vice - President of Instruction Del Mar College 101 Baldwin Blvd. Corpus Christi, Texas 78404 (e) Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or College or any of its officer, agent or employee. (g) No Waiver of Immunity. No party hereto waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (h) Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. (i) (1) No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in Nueces County and in accordance with the Texas Rules of Civil Procedure. (k) Warranty. The Agreement has been officially authorized by the governing body of each party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. IN WITNESS HEREOF, the City and College have made and executed this Agreement in multiple copies, each of which is an original. CITY 9F CORPUS CHRISTI 2" An R. Escobar 1 City Mana:er Si.eoht- //f/to Richard Hooks Chief, Fire Department ATTEST: DEL MAR COLLEGE Mark Escamilla, PhD President s• •eT Date Date Fernando Figueroa, PhD Date Provost and Vice President of Instruction Armando Chapa City Secretary APPROVED AS TQ FORM: Date i J 1Ito T. Trisha Dang Date Assistant City Attorney For City Attorney ��A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE FOR JOINT AFFILIATION IN THE TRAINING OF FIRE CADETS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an Interlocal Cooperation Agreement with Del Mar College for joint affiliation in the training of fire cadets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: January 5, 2010 T. i risha Gang Assistant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas 2 of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 6 AGENDA MEMORANDUM DATE: January 19, 2010 SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) Bond Issue 2004 CHANGE ORDER NO. 2 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute an Agreement with Union Pacific Railroad Company in the amount of $138,798 for improvements to existing public road at grade crossing for Port Avenue, DOT 435 497v. B. Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $148,026.15, for a total restated fee of $8,389,415.06, for construction of a road crossing at the Union Pacific Railroad track, as part of the street improvements to North Port Avenue from IH 37 to US 181. (BOND ISSUE 2004) ISSUE: The proposed Change Order No.2 is needed to include the portion of North Port Avenue reconstruction between Stations 37 +63.6 and 38 +40.70 which was excluded from the original bid package due to on -going negotiations Union Pacific Railroad Company. At this time, negotiations with Union Pacific Railroad Company are finalized. City Council approval will allow the 123.93 foot portion of North Port to be added back into the project. The agreement with Union Pacific Railroad Company outlines the responsibilities of the upgrade to the railroad crossing. The railroad will install 96 -feet of new tracks and precast concrete crossing including all associated railroad crossing items at the City's expense. Change Order No. 2 involves the construction of the underground utilities between Stations 37 +63.6 and 38 +40.70 which includes an open cut installation of a 7 -foot by 2.33 foot reinforced concrete box for storm water drainage and an open cut installation of a 24 -inch steel casing for a 12 -inch polyvinyl chloride (PVC) water pipe within the railroad right -of -way as well as the demolition of existing pavement, installation of a storm water junction box, new pavement, and new sidewalks. The City's contractor will install all of the underground utilities in close coordination with Union Pacific Railroad Company which will include special traffic control for the railroad crossing area. FUNDING: Funding is available from the FY 2009 -2010 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E., Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Project Budget Exhibit "E" Agreement Union Pacific Exhibit "F" Location Map Director of Engineering Services 361/826 -3781 petean( cctexas.com —47- H: HOME1RachelIMGENlStreets16264 -North Port\CHANGE ORDER NO. 212 AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) Bond Issue 2004 CHANGE ORDER NO. 2 UNION PACIFIC RAILROAD COMPANY AGREEMENT: This agreement provides for construction of the upgrade of the Union Pacific Railroad tracks between Stations 37 +16.77 and 38 +40.70 which was not included in the original construction contract because the City was required to obtain an agreement with the Union Pacific Railroad before this work could be included in the construction plans. This agreement provides for the City to reimburse the Railroad for 100% of the Railroad's actual labor and material costs associated with the work and materials described as (a) removing the existing timber crossing, (b) installing a 96 -foot precast concrete crossing, (c) field welding the rail, (d) re- laying track at the crossing with 115 pound rail, (e) renewing the crossties, and (f) surfacing the track with new ballast. Union Pacific Railroad Company estimates cost to be $138,798.00, as set forth in Exhibit "E ", Page 4 of 8 Agreement Union Pacific Estimate of Materials and Force Account. CHANGE ORDER NO. 2: Change Order No. 2 provides for construction between Stations 37 +16.77 and 38 +40.70 which was not included in the original construction contract. The City was required to obtain an agreement with Union Pacific Railroad Company before this work could be included in the construction plans. This Agenda Item includes both the agreement with Union Pacific Railroad Company and the change order with the contractor. The actual construction of the railroad crossing must be performed by Union Pacific Railroad Company and the underground storm water and water installation as well as the pavement section and sidewalks are to be constructed by the City's contractor. The following is a break down of the street and utility improvements to be made by SLC Construction: > Street Improvements: • Water Improvements: • Storm Water Improvements: Total for Change Order No. 2: $82,942.02 $16,866.80 $48,217.33 $148,026.15 PROJECT DESCRIPTION: The North Port Avenue provides the major access to port facilities which is a strategic military port on the south side of the ship channel. This section of North Port Avenue also provides the primary access from IH 37 to the Baseball Stadium and Bayfront Convention Center and Arena Facilities. The improvements will include the complete reconstruction of the 4 -lane roadway with new curb and gutter, sidewalks, and ADA curb ramps. The project also includes underground storm water, water and wastewater improvements, removal of abandoned/ unused driveways, new traffic —48— HA HnMFIRarhallal fiFNlCfmaf•lR9FA.Nnrth PnnV•NMNr_F nof1FP ,r, An.FNfIA RAf`w PfH INn dee EXHIBIT "A" Page 1 of 2 signal, and new street lighting. The typical new road section will be 5" HMAC with 12" limestone base over geotextile mat and stabilized subgrade. A 10" concrete section with 1" HMAC and stabilized subgrade will be placed in the Port Authority area for heavy Toads with frequent stops and turns. The project is being coordinated with the Texas Department of Transportation (TXDOT) and Metropolitan Planning Organization (MPO), Port Authority and local utility franchises. CONTRACT TERMS: The construction contract is increased by $148,026.15; all other provisions of the contract remain unchanged. PROJECT BACKGROUND: This project is part of the Bond Issue 2004. The engineering and design were completed in 2008 with the award of the construction contract on May 19, 2009. As a separate project, the design and engineering for Salt Flats Ditch Drainage Improvement project, Phase 2, was completed in late 2008 with the construction contract awarded on June 23, 2009. The final phase of the Salt Flats Ditch Drainage Improvement project, Phase 3, is currently under design with construction planned within the next 12 months. On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. —49— H: IHOME1Rachelle1GEN1Streets16264 -North Port\CHANGE ORDER NO. 213 AGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) Bond Issue 2004 CHANGE ORDER NO. 2 PRIOR COUNCIL ACTION: 1. November 2. 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181. (Resolution No. 026827) 4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. (Resolution No. 026830) 5. June 13, 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund. (Resolution No. 026831) 6. September 12, 2006 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37 to US 181. (Resolution No. 026978) 7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) EXHIBIT "B" Page 1 of 2 H:\HOME1VeimaP\GENISTREET\6264 NORTH PORT AVENUE \CHANGE ORDER 4 PRIOR PROJECT ACTIONS.doc 8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181. (Motion No. M2007 -095) 9. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $1,970,108, for a total restated fee not to exceed $2,719,329, for North Port Avenue from IH 37 to US 181. (Motion No. M2008 -147) 10. October 21, 2008 — Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $1,683,570 for North Port Avenue from IH 37 to US 181 for construction work. (Resolution No. 027909) 11. May 19, 2009 — Ordinance appropriating $4,262,577 of anticipated revenues from the Texas Department of Transportation in the No. 3530 Streets Capital Improvement Project (CIP) Fund and $2,151,023 of anticipated revenues from the Texas Department of Transportation in the No. 3480 Storm Water CIP Fund for the North Port Avenue Project; amending FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $6,413,000. (Ordinance No. 028177) 12. May 19, 2009 — Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $8,046,328.91 for North Port Avenue from IH 37 to US 181. (Motion No. M2009- 131) 13. August 18, 2009 — Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $195,060, for a total restated fee of $8,241,388.91, for North Port Avenue from I H 37 to US 181 for the box culvert crossing under North Port Avenue. (BOND ISSUE 2004) (Motion No. M2009 -229) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). H:\HOME \VelmaP \GEN \STREET\6264 NORTH PORT AVENUE \CHANGE ORDERtA PkIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 19, 2010 PROJECT: North Port Avenue from IH 37 to US 181 Project No. 6264 / CIP No. SW 24 BOND ISSUE 2004 APPROVED: City Council Motion No. 2009 -131 on May 19, 2009 CONTRACTOR: SLC Construction, L. P. P. O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT $8,046,328.91 Motion No. M2009 -131 25% Limit Amount $2,011,582.23 Change Order No. 1 (August 18, 2009) $195,060.00 Motion No. M2009 -229 Change Order No. 2 (January 19, 2010) Street Improvements $82,942.02 Water Improvements $16,866.80 Storm Water Improvements $48,217.33 Total Change Order No. 2 $148,026.15 TOTAL All Change Orders $343,086.15 4.26% < 25% H:HOME1Rachelle\GEMStreets16264 -North Port1CHANGE ORDER NO. 215 AGENt 2-IANGE ORDER SUMMARY.doc EXHIBIT "C" Page 1 of 1 NORTH PORT AVENUE FROM IH 37 TO US 181 (PROJECT NO. 6264) BOND ISSUE 2004 FUNDS AVAILABLE: CITY FUNDS Street CIP Fund $2,572,113.26 Storm Water CIP Fund 1,297,965.10 Wastewater CIP Fund 1,163,351.08 Water CIP Fund 1,817,198.98 CITY TOTAL FUNDING $6,850,628.42 TXDOT FUNDS Street Construction .... $4,262,577.00 Storm Water Construction 2,151,023.00 TXDOT TOTAL FUNDING 6,413,600.00 TOTAL . $13,264,228.42 FUNDS REQUIRED: Construction Contract (SLC Construction) $8,389,415.06 Project Contingency 456,913.85 AEP Street Lighting 312,000.00 Traffic Signal (Winnebago) 200,000.00 NE Liaison (Interagency Coordination) 48,900.00 Engineering Design /Permit 2,745,402.26 Misc. Minor Surveys. 13,541.25 Land Acquisition 217,500.00 Railroad Crossing 360,000.00 TXDOT Advanced Funding Agreements ....... 89,794.00 Engineering Project Liaison (4 %) . 322,210.00 Finance Reimbursements 80,552.00 Incidental Expenses (Printing, Advertising, etc.) 28,000.00 TOTAL $13,264,228.42 -53- EXHIBIT "D" Page 1 of 1 Public Road Improvements 08/24/07 Estimated Costs Form Approved -AVP Law IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING FOR PORT AVENUE, DOT 435 497v M.P. 149.06 CORPUS CHRISTI SUBDIVISION CORPUS CHRISTI, TEXAS THIS AGREEMENT, executed in duplicate this _ day of , 2009, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ( "Railroad "), and CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation of the State of TEXAS ( "Political Body "). RECITALS: Political Body has requested Railroad to improve the existing Port Avenue crossing, at grade, along, over and across Railroad's track and right of way at Railroad Mile Post 149.06, on Railroad's Corpus Christi Subdivision, DOT No. 435 497V, in City of Corpus Christi, Nueces, County, State of Texas (the "Crossing "), to which Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. The location of the Crossing is generally shown on the print marked Attachment "1 ", attached hereto and hereby made a part hereof. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing timber crossing, (b) install a 96 ft. precast concrete crossing, (c) field weld rail, (d) relay track at the Crossing with 115 pound rail, (e) renew the crossties, and (f) surface the track with new ballast. 2. Political Body agrees to reimburse the Railroad for one hundred percent (100 %) of Railroad's actual labor and material costs associated with the work and materials described in Section 1 above. Railroad estimates such cost to be One Hundred Thirty Eight Thousand Seven Hundred and Ninety Eight Dollars ($138,798.00), as set forth in Estimate of Materials and Force Account dated April 1, 2009 marked Attachment "2 ", hereto attached and hereby made a part hereof. During the performance of such work Railroad will provide progressive billing to Political Body based on Railroad's actual costs which will include a breakdown of material quantities, and support documentation. Actual costs to Railroad shall include customary additives (which includes its overhead and indirect construction costs) to materials, services and labor provided by Railroad. Each billing must be supported and evidenced as an actual invoice, with the voucher date. Within One Hundred Twenty (120) days after Railroad has completed its work, Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay Railroad within thirty (30) days of its receipt of progressive and final bills submitted by Railroad. 3. Railroad, at its cost, shall maintain the Crossing within the railroad right -of -way between the track tie ends except for the street pavement and utilities within the right -of -way outside of the railroad crossing and Political Body, at its cost, shall maintain all other portions of the Crossing including the street pavement and utilities. If, in the future, Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, Railroad, at the Political Body's expense, shall install such replacement surfacing. Public Road Improvements 08/24/07 Estimated Costs Form Approved -AVP Law 4. Political Body, at its cost, shall provide all labor, material and equipment associated with traffic control, barricades, detour signing, advanced warning signs and pavement markings. All such work shall be in compliance with the current Manual on Uniform Traffic Control Devices. 5. If Political Body's contractor(s) is /are performing any work described in Section 4 above, then Political Body shall require its contractor(s) to execute Railroad's standard and current form of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement and to obtain and provide to Railroad the insurance policies, binders, certificates and endorsements that are required in the Contractor's Right -of -Entry Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement and providing the aforesaid insurance documents. 6. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24 -hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's premises to be used by Political Body or its contractor(s). If it is, Political Body or its contractor(s) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. Under no circumstances shall Political Subdivision/City be responsible to Railroad or to any other parties for any losses due to business interruption and loss of revenue and profits. 7. Covenants herein shall insure to or bind each party's successors and assigns; provided, no right of Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to Railroad. 8. Political Body hereby confirms that funds have been appropriated for the work set forth in this Agreement. 9. The person signing this Agreement on behalf of Political Body hereby confirms that he/she is authorized under Political Body policies and procedures to execute this Agreement and to bind Political Body to the obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF CORPUS CHRISTI By By Title: Title: Fife : \ prcjec \councifexhibits'\exh6264b.dwg San Ratricio County U) COPP L S C.':'PsSTI BA LOCATION MAP NOT TO SCALE PROJECT EXTENTS / AI TURtJwc BASIN ■ UNION PACIFIC RAILROAD TRACK CROSSING / 1 11 • / Mt l NEINEINIEN VICINITY MAP NOT TO SCALE PROJECT #6264 Yacht_ ATTACHMENT "1" EXHIBIT WE page 3 of 8 NORTH PORT AVENUE -FROM IH -37 TO US HWY 181 (BOND ISSUE 200416_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 -19 -2010 DATEt 2009-04-01 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATXON DATE 18 ;2009 -09 -30 DESCRIPTION OF WORKt RECOLLECTABLE CROSSING SURFACE PROJECT. CORPUS CNRIBTi SUE / MP 149.06 / NUECES, TX / PORT AVENUE / DOT 435497V 100$ RECOLLECTABLE FROM CITY OF CORPUS CHRISTI, TX. ESTIMATED USING FEDERAL ADDITIVES WITH OVERHEAD & INDIRECT CONSTRUCTION COST - 205% PIDt 64777 AWO; 00925 MP,$UBDIV; 149.06, CORPUSCHRS SERVICE UNIT: 09 CITY; CORPUS CHRISTI STATE; TX DESCRIPTION QTY UNIT LABOR MATERIAL RECALL UPRR TOTAL ENGINEERING WORK ENGINEERING 5000 LABOR ADDITIVE 205% 10250 5000 10250 5000 10250 TOTAL ENGINEERING 15250 15250 ' 15250 SIGNAL WORK LABOR ADDITIVE 205% 2151 2157 2151 SALES TAX 2 2 2 SIGNAL 1052 70 1122 1122 TOTAL SIGNAL 3209 72 3281 3281 TRACK & SURFACE WORK BALAST 2.00 CL 792 1558 2350 2350 CONTRACTOR/OPERATOR 20000 20000 20000 ENVRIONMENTAL PERMITS 1 1 1 FOREIGN LINE FREIGHT 392 392 392 HOME LINE FREIGHT 900 900 900 LABOR ADDITIVE 205% 22467 22467 22467 MATL STORE EXPENSE 277 277 277 OTM . 708 806 1514 1514 MIL 320.00 LF 959 6515 7474 7474 RDZfl G 96.00 TF 4191 19574 23765 23765 SALE$ TAX 1403 1403 1403 SAW CUT STREET APPROACH 2000 2000 2000 TRAFFIC CONTROL 20000 20000 20000 TRK-SURFILIN 2622 2622 2622 WELD 2381 500 2889 2889 XTXE 70.00 EA 6025 6188 12213 12213 TOTAL TRACK & SURFACE 40145 80122 120267 120267 LABOR /IATERIAL EXPENSE 58604 80194 RRCOLLECTIBLE/UPRR EXPENSE 138798 0 BSTIt4ATED PROJECT COST 138798 EXISTING REUBEBBLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION, IN THE EVENT OF AN INCREASE OR DECREASE IN TEE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. n —57— ATTACHMENT "2" EXHIBIT "E" Page 5 of 8 FORM 10 -1 PROF 01 IMOR1 WORK ORDRR AUTHORISATION- D$TAIL OP BBTIMATR) BXPBNDITURRB RAI68OADt UPRR CO. LOCATICNt COMM MRIBTI,TX.PORT AVE. D RPARTMUNTt MIRRORING BERVICRB SRRVICR UNIT. 09 PROS Mt 64777 A.H.O. Mt 00925 N.O. MI 8.2. ROt 098010 819►TRt TX GAL BBCt 4120 RQOOLLICIRDIS comae SUMACS PROJXCT. CORM CMRI6?I MR / MP 249.06 / RUMP,' TX / PORT AMOR / DOT 416497V not gnomons= RRON CITY OF CORPUS COMM TX. B BTINkTYD UBIRO PBDYRAL RADDITIVRB NSTN OVBRNRAD i ]HDGRRGT COMMOTION MOT - 2060 RRPLACB BXIBTIIKO OROSSINO NITN NNW 96 TRACK FOOT 116 L9 COMCANI% BURPACB INCLUDING RAIL, TIRO, OM AND UMW. QIONAL AB MOUIRID. -58- ATTACHMENT "2" PORN 30 -1 PA08 02 HORS WORK ORDER AUTH0RIUTION- DETAIL OP E6TIMATED SXPBNOITUR88 RAILROAD, UPRR 00. LOCATIONS CORPUS CNRISTI.TX,PORT AVB. DEPARTMINT, BNOINEERINO BRRVIC PROD NOt 64777 A.li.O. E0: 00925 W.0. NO; 8.I. NO, 094410 BTATEt 4X VAL 820, 4120 SCOPE OF WORK PROJECT VAL N.P. N.P. JOINT NUMBER 88C STATE FROM TO 880148142 FACILITY 64777 4120 TX 149.06 149.06 1628 PROJECT MU148ER 64777 N.P. N.2, TRACK swum 1l42RR NUMBER 09 9N0 OF TRACK FROM TO TY911 404044 OF XTI80 8149188 MAST MT LING 149.06 149.06 8INN 1625 0 0 190 0 0 -59- ATTACHMENT "2" PM 30 -1 MX 03 MORE WORK ORDER AUTHORIZATION- D2TAXL OP X8VIHATBD BXP0NDITOR8B RAILROADt UPRR CO. LOCATIONS CORPUS CHRIBTX,TX,2ORT AV3. DBMRTM2N2s BNOIMBBRIHO SBRVIC88 PROD Not 64777 A.N.O. NO; 00925 W.O. N0s 8.z. MOs 09E410 STATE, .021 VAL 8ECs 4120 LABOR PL-1 OANO GAMO ?YPR OARS WOIIIR WORK WORK CODE ONO DAYS DIRECT TYPE DESCRIPTION NBR IN MO CODR DESCRIPTION ALLOWXP IAYOR 4 RDX008 0 P128081 ROAD 0 0 10003 XTXBS -MD 0.11 268.20 RDK008 8 P28804 ROAD 0 8 10005 XTXBS -RBNEH 2.48 6729.82 RDX000 8 MOOR ROAD 0 2 10006 MRS -LOAD/ 0.01 29.75 RDX000 8 PERSON ROAD 0 0 12003 RAIL - UNLD 0.01 42.96 RDX008 8 PERSON ROAD 0 0 12000 RAIL -RELAY 0.38 914.70 RDX000 8 MOOR ROAD 0 8 12006 RAIL - LOAD 0.00 4.78 RD1008 8 P,N80N ROAD 0 8 14003 0414 UNLD/DX 0.01 42.96 RDx008 8 938S0N ROAD 0 0 14006 021 RELAY /R 0.27 652.99 RDX008 8 08830N ROAD 0 8 14006 028 LOAD /PI 0.00 4.70 802000 0 MOON ROAD 0 8 19003 DA7d.AN' UHL 0.33 792.77 8321800 8 9E81014 ROAD 0 8 20006 8 21104O.PUB- 1.76 4191.24 RUB-TOTAL 5.32 12684./5 8I00t1S 8YONAL 0 MAN 0 0 5 30005 010 -0EN RAN 1.00 1062.65 831003 3 MAN DIV18108 0 3 17009 7821- 8030,44 3.00 2622.78 /141002 2 082808 084.01 0 2 12005 MBL00-R8NEW 4.00 2381.99 TOTAL 18,742.17 LABOR ADDITIVE 26,468 PRR -DI114 / TRAVEL 0808085 6,727 ATTACHMENT "2" -60- FORM 30 -1 PASS 04 MORS WORK ORDER IWIHORISATION- DETAIL OF =STIMATED EXPINDITUREB RAILROADI OPRR CO. LOCATION, CORPUS CIIRIBTI,TX,PORT AVS. DIPARTNSNTt EN015583IN0 OIRVIC88 9407 Not 64777 A.N.O. Not 00925 W.O. Rot B.I. 140, 09E010 5TATO; TX VAL 810* 4120 1.16)4 ram NI6B1R 0R8CRIP12ON STOOK IIRTRAIAL PLAN UNIT DIRICr COST (ITT DR SAM $ 09066700 TAPS, BLECTRICA3. PLASTIC 2.78 1 RL 3 09136660 2363 J,8L10V8,4- 6,350001140 0.67 10 RA 6 09136370 2367 J 0L16VS,84LIOIR0,4 -4 0.62 10 EA 6 09874090 02APLE, COPPERWELD 3/8 K 1 3/4 X 0.24 12 EA 3 13054000 TIMBER 891)40, TORKNIAD 3 /4a X 12. 1.94 216 EA 419 60279750 XTIU 7 "X91,X10' maim 986934` 6.6' 88.41 70 SA 6109 60361010 14062035 OALV RR 0 -0639 PA 2.88 2806A 806 62006700 BOND NIRB,? STRANDS 100 69. ROLL 0.76 60 AV 30 62007040 1408 NOLD SONO AIRS TK.CIRO.CONN. 3,86 4 EA 15 64005000 ABPltttfi, CR08SIK0 FILL 70.00 72 TN 5040 64002000 0R088IN0,CO3100818 -1160 2416(10W) 1176.26 12 8T 14116 66111000 RAIL 116)4 140111) 1481081400 SDI 20.36 120 3,1 6516 65265110 DINAR AULD %IT, 11211-118)4 ORS 0H0 10.60 0 RA 469 66264570 PACKI310 SAND, PRE - 311X80 (PER SACK 22.44 1 CA 36 66264530 REPRACTORY PASTS 1.83 2 BA 4 56207640 BALLAST, CLR80 1. 'D* 8.20 190 TN 1668 TOTAL 35.221 NAIL 8T0A6 1149 SALES TAX 277 1,408 -61- ATTACHMENT "2" File \ Ar i counciieghibits San Pctricio County CORPUS C:rfJSTS" 2-3z4y LOCATION MAP NOT TO SCALE PROJECT EXTENTS MA I TURNING BASIP`. UNION PACIFIC RAILROAD TRACK CROSSING VICINITY MAP NOT TO SCALE PROJECT #6264 EXHIBIT 'F" NORTH PORT AVENUE -FROM IH -37 TO US HWY 181 (BOND ISSUE 2004)2_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 -19 -2010 -- WOW _ 7 AGENDA MEMORANDUM DATE: January 19, 2010 SUBJECT: Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 09 & SW 04 CHANGE ORDER NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $93,195.60, for a total restated fee of $469,837.70, for additional clearing and debris handling, as part of the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge project. ISSUE: The proposed Change Order No. 1 provides for additional "non- mechanized" clearing and debris handling for approximately 24,900 SY along the La Voila Creek. The area along the creek was determined by the U. S. Army Corps of Engineers to be wetlands and therefore the construction activities were modified to accommodate the additional work. The classification as wetlands restricts the activities within the area to avoid fill and minimize impacts to the wetlands. FUNDING: Funding is available from the FY 2009 -2010 Storm Water Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Vale ray, P. E, Direc' a of Storm Wate 361/826-1875 va lerieggcctexas. co m & Street Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Project Budget Exhibit "E" Location Map C" 6) ( A ete Anaya, P.E., Director of Engineering Services 361/826 -3781 peteanc cctexas.com N: HOMEUtachellelGENoDrainage12268 & 2287 -Las Colonias & Saratoga Bridge1G14 ®5. RDER NO. 112 AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 09 & SW 04 CHANGE ORDER NO. 1 CHANGE ORDER NO. 1: Change Order No. 1 provides for additional hand -work to comply with the U. S. Army Corps of Engineers (USACE) wetlands classification for the area immediately adjacent to the La Voila Creek. The determination by the USACE that the banks of the creek are wetlands requires "non - mechanized" clearing and handling of debris. No fill will be permitted within the areas designated and clearing activities restricted to minimize impacts to the wetlands. PROJECT DESCRIPTION: This project consists of two drainage improvement projects that were bid as one construction project. The total base bid consisted of Parts A and B: Part A is for Las Colonias Subdivision Drainage Improvements, which consists of minor ditch grading, curb and gutter, curb inlets, storm water piping and stone rip -rap outfalls, minor asphalt pavement repair, temporary erosion control, temporary traffic control, and seeding for permanent erosion control. Part B is for Drainage Channel Clearing and Stabilization at Saratoga Bridge, which consists of clearing and channel excavation in La Voila Creek, temporary erosion control, temporary traffic control, and seeding for permanent erosion control. CONTRACT TERMS: The construction contract is increased by $93,195.60; and the construction time is increased by 30 days. PROJECT BACKGROUND: This change order is a result of the USACE rejection of the City's application to the USACE that the work could be performed under a Nationwide Permit for maintenance work. The USACE determination indicated that the areas to along the channel are natural and therefore "wetlands ". This required a revision to the methodology of the work increasing the hand work and overall handling /disposal of debris from the clearing and excavation work. This construction project consists of two drainage improvement projects that were designed separately but combined because of their proximity to each other and to achieve the most advantageous bid prices. The intent of this phase of The Las Colonias Subdivision Drainage Improvements is to provide positive, localized, Tong -term storm water drainage improvements to upgrade the conveyance of storm water runoff within the immediate vicinity of Las Colonias Subdivision to a 5 -year level of protection (where feasible), until such time that more extensive downstream storm water drainage improvements can be implemented. The Drainage Channel Clearing and Stabilization at Saratoga Bridge project is being undertaken because there is heavily overgrown brush in La Voila Creek that blocks drainage. This project will remove the brush, clean the channel and stabilize the slopes. As part of the design of this project, the consultant prepared a letter and exhibits to the U.S. Army Corps of Engineers notifying the Corps of the City's intent to construct these improvements under Nationwide Permit 3. —66— u•wnuc, °_�_u_,runn._:..___, nnce . nne, "Nona° ion •no nr_cune Peri/!^_Dn, wn d.... EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 09 & SW 04 CHANGE ORDER NO. 1 PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) October 20, 2009 - Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors, Inc. of Corpus Christi, Texas, in the amount of $376,642.10 for the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge for the total base bid. (Motion No. M2009 -297) PRIOR ADMINISTRATIVE ACTION: 1. April 3, 2009 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $49,931 for the Las Colonias Subdivision Drainage Improvements (Project No. 2268) for design and additional phase services (topographic survey). 2. October 8, 2009 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $15,037 for the Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project No. 2287) for design, bid, and additional phase services (topographic survey and permitting). —67— H: WOME\Rachelle\GEN\Drainage\2268 & 2287 -Las Colonias & Saratoga Bridge \CHANGE ORDER NO. 1\4 AGENDA PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 PROJECT: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 19, 2010 Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge (Project Nos. 2268 & 2287) CIP No. SW 09 & SW 04 CHANGE ORDER NO. 1 APPROVED: City Council Motion No. 2009 -297 on October 20, 2009 CONTRACTOR: H & G Contractors, Inc. 1225 Southern Minerals Road Corpus Christi, TX 78409 TOTAL CONTRACT AMOUNT $376,642.10 Motion No. M2009 -297 25% Limit Amount $94,160.53 Change Order No. 1 (January 19, 2010) $93,195.60 Motion No. M2010 -_ TOTAL All Change Orders $93,195.60 24.74% < 25% EXHIBIT "C" Page 1 of 1 H: HOME Rachelle\GEN \Drainage12268 & 2287 -Las Colonias & Saratoga Bridge113 81GE ORDER NO. 115 AGENDA CHANGE ORDER SUMMARY.doc PROJECT BUDGET LAS COLONIAS SUBDIVISION DRAINAGE IMPROVEMENTS (PROJECT NO. 2268) and DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARATOGA BRIDGE (PROJECT NO. 2287) January 19, 2010 FUNDS AVAILABLE: Storm Water CIP (SW 09) $299,000.00 Storm Water CIP (SW 04) 558,800.00 Total $857,800.00 FUNDS REQUIRED: Construction (H & G Contractors, Inc.) $469,837.70 Contingencies (10 %) 37,664.00 Consultant (Freese and Nichols, Inc.) 64,968.00 Reimbursements 28,248.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $603,217.70 FUNDS REMAINING: $254,582.30 —69— EXHIBIT "D" Page 1 of 1 File : AMproject\counciiexhibits exh22ET.awc 0 a HWY 44 II oI .N'f1ECTSS 13.7tif CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS C3-fRIS?I BAY McGLOIN RD. L° PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT SITE Saratoga Bridge Drainage Channel Clearing and Stabilization PROJECT # 2287 SITE PLAN NOT TO SCALE EXHIBIT "E" DRAINAGE CHANNEL CLEARING AND STABILIZATION AT SARA TOGA BRIDGE -70- CITY COUNCIL EXHIBIT CITY OF DEPARTMENT TEXAS PAGE: 1 of 1 DATE: 01 -08 -2010 IMO, NMI IMF NMI NMI 8 AGENDA MEMORANDUM City Council Action Date: January 19, 2010 SUBJECT: Highway 2444 (Staples Street) from Saratoga Boulevard south to the Oso Creek Bridge TXDOT Staples Median Project Project No. E09081 / CIP No. ST 27 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute all documents necessary to enter into an Agreement to contribute local funds with the Texas Department of Transportation for an amount of one hundred thousand dollars ($100,000.00) in participation funding costs to the City for certain highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard south to the Oso Creek Bridge (BOND 2004). ISSUE: The Texas Department of Transportation (TXDOT) has designed and developed the proposed project in anticipation of stimulus funding which requires a letting date of May 2010. TXDOT has provided the boundary survey and metes and bounds descriptions (including a parcel map) for a total of 49 parcels and the design for the median project. This project has a cost - sharing reimbursement of 90% (State) /10% (City) of all eligible acquisition and relocation or adjustment of utilities costs, as per this agreement. FUNDING: Funding is available from the Capital Improvements Program FY 2009 -2010. RECOMMENDATION: Staff recommends approval of the resolution as presented. - 6 r ; Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean aC�cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Actions Exhibit "C" Resolution Exhibit "D" Agreement to Contribute Funds Exhibit "E" Location Map —73— H: IHOME1Rachelle1GEMStreets1E09081 -Hwy 2444 from Saratoga to Oso12 AGENDA MEMO REV.doc BACKGROUND INFORMATION SUBJECT: Highway 2444 (Staples Street) from Saratoga Boulevard south to the Oso Creek Bridge TXDOT Staples Median Project Project No. E09081 / CIP No. ST 27 PROJECT DESCRIPTION: The proposed project includes parcel acquisition for a Texas Department of Transportation (TXDOT) median project on FM 2444 (Staples Street) from Saratoga Boulevard south to the Oso Creek Bridge. The project consists of constructing medians and access management elements, adding right turn lanes at some of the intersections, adding lane width at intersections (loons) for U -turn maneuvers, milling and overlaying the entire pavement width between the project limits, and upgrading the curb ramps and sidewalks for compliance with current Texas Accessibility Standards. This median project requires a total of 49 parcels to be acquired, 14 of which have previously been dedicated to the City for street right -of -way during the platting process. The 14 City parcels will be accepted by TxDOT as being incorporated in the limits of their right-of-way via a separate affidavit which will be executed by TXDOT and recorded in the Nueces County Clerk's Records. No change of ownership of the City's 14 parcels will be required. The State will take responsibility for the remaining parcel acquisitions from private land owners. Execution of this agreement will enable TXDOT to move this project forward and take advantage of the stimulus funding which has a letting date of May 2010. The City is responsible for 10% of all costs incurred by the State for acquisition of the 35 privately owned parcels and relocation or adjustment of utilities associated with this median project. PRIOR ACTIONS SUBJECT: Highway 2444 (Staples Street) from Saratoga Boulevard south to the Oso Creek Bridge TXDOT Staples Median Project Project No. E09081 / CIP No. ST 27 COUNCIL ACTIONS: 1. December 15, 2009 — Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) ADMINISTRATIVE ACTIONS: None —75— H : \HOMBRacheIle \GEMStreets\E09081 -Hwy 2444 from Saratoga to OsoW PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO AN AGREEMENT TO CONTRIBUTE LOCAL FUNDS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN PARTICIPATION FUNDING COSTS TO THE CITY FOR CERTAIN HIGHWAY IMPROVEMENTS TO FM 2444 (STAPLES STREET) FROM SARATOGA BOULEVARD SOUTH TO OSO CREEK BRIDGE (BOND 2004). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to enter into an Agreement to Contribute Local Funds with the Texas Department of Transportation for an amount of One Hundred Thousand Dollars ($100,000.00) in participation funding costs to the City for certain highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard south to Oso Creek Bridge (Bond 2004). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM:. 29- Dec -09 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR \Veronica011.ENG \1 A G E N D A7 CTE M S \10 \revised CLEAN 11910 Reso TxDOT Agrmt to day of , 2010. 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 H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA IT E E M S \10 \revised CLEAN 11910 Reso TxDOT Aormt to Form ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. 6/2006) GSD -EPC Page 1 of 2 AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT City: City of Corpus Christi District: Corpus Christi Federal Project No: N/A ROW CSJ No: 2343 -01 -034 Highway: FM 2444 Const.CSJ No: 2343 -01 -031 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of 2009, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on Highway No. FM 2444 with the following project limits: On Staples St. From Saratoga Blvd. To Oso Creek Bridge; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of Parcels 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45, 46, and 47 and adjustment of utilities for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10 %) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check in the amount of One Hundred Thousand and No /100 Dollars ($100,000.00), which represents ten percent (10 %) of One Million and No /100 Dollars (1,000,000.00), the estimated total cost of the right of way to be acquired by the State and all of the compensable utilities. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10 %) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. Form ROW-RM-129 FM ^_444 Page 2 of 2 RaSJ. 2343 -01 -034 In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. THE LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Date: Russel W. Lenz, P.E. District Engineer, Corpus Christi District Date: THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director Date: d=ie : \Mp -c ect \councifexhibit5 iexhEO9O&`.dwe HIGHWAY 2444 (STAPLES STREET) FROM SARA TOGA BOULEVARD TO OSO CREEK BRIDGE -so- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 01/72/2010 9 AGENDA MEMORANDUM AGENDA ITEM: January 19, 2010 a. Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Smith Parties and Peterson Parties, Developers of Oso River Estates, in the amount of $753,034.67 for the City's portion of the cost of extending Ennis Joslin Road, including the Ennis Joslin Road Bridge over the Williams Ditch, in accordance with the Platting Ordinance, and declaring an emergency. b. Motion authorizing the City Manager to execute a Deferment Agreement with Smith Parties and Peterson Parties, (Developer), in the amount $459,521.32 for the construction of Williams Drive for Oso River Estates, located south of South Padre Island Drive (SH 358) and west of Paul Jones Avenue, contingent upon receipt of an acceptable form of financial document compliant with City requirements. ISSUE: The Smith Parties and Peterson Parties, owners and Developers of Oso River Estates, are required to extend Ennis Joslin Road south from its existing ending point at South Padre Island Drive (SH 358), extend Williams Drive east of the Ennis Joslin Road extension and required to construct a bridge over the existing drainage ditch as a condition of platting. The Platting Ordinance requires the developer to construct the adjacent roadways up to the design standards of a neighborhood collector. Any road construction that is greater than the neighborhood collector requires City participation. Ennis Joslin Road is designated as an A3 arterial requiring 130 feet of right -of -way with a pavement section of 95 feet as measured from back of curb to back of curb. Therefore, City participation for Ennis Joslin Road is requested. The Platting Ordinance also requires developers adjacent to a drainage way to have an equal share of the cost of a bridge or drainage channel crossing. If the ultimate bottom width of the drainage way does not exceed 15 feet, the cost of the bridge or crossing is at the total expense of the developers. If the ultimate bottom width of the drainage way exceeds 15 feet, the City may participate in the construction of the bridge in excess of that required for the 15 -foot bottom width. The bottom width of existing drainage channel at the proposed Ennis Joslin Road crossing is 30 feet. Since the developers control both sides of the drainage channel, the developers would be responsible for 50% of the bridge construction and the City would be responsible for the remaining 50 %. Therefore, City participation for the Ennis Joslin Road bridge is requested. Based on the engineer's estimated construction cost, the City's portion of the Ennis Joslin Road roadway and bridge improvements will be $753,034.67. The developer's portion will total $338,762.73. In accordance with Section IV. A. 16. of the Platting Ordinance, the City's participation will not exceed $753,034.67. The developers are requesting the deferment of the construction of Williams Drive and are willing to enter into a Deferment Agreement for their share of the costs. The portion of Williams Drive that affects the plat does not connect with another existing roadway. Requiring the construction of Williams Drive would be premature, and the roadway would deteriorate for lack of use. The adjacent tract of and to the east is owned by the City of Corpus Christi and is being developed with baseball /softball fields. It is the intent of the Engineering Services Department to recommend including the extension of Williams Drive to Paul Jones Avenue in the City's Bond 2012. If the monies are appropriated, Williams Drive would be extended and use the deferred developers' monies to connect Ennis Joslin Road to Paul Jones Avenue. Based on the engineer's estimated construction cost, the developers would provide a letter of credit in the amount of $459,521.32. City Council Agenda Memorandum Oso River Estates Page 2 RECOMMENDATION: Staff recommends approval of the motions as presented. Juan Perales, Jr., P.E. Assistant City Manager Engineering and Development Services Departments JohnnyP @cctexas.com (361) 826-3828 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Background Information Location Map Construction preliminary layout Developer's Cost Estimate for Ennis Joslin Road Participation Agreement Developer's Cost Estimate for Williams Drive Deferment Agreement HADEVELOPMENT SERVICES \PARTICIPATION AGREEMENT\OSO RIVER ESTATES\COUNCIL AGENDA MEMO.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Developers, Smith Parties and Peterson Parties, are proposing a final plat in order to plat a single lot for a proposed apartment complex. The proposed apartment complex will be located at the northeast corner of Ennis Joslin Road and Williams Drive. The development and platting of Oso River Estates (Exhibit B) requires the dedication and construction of Ennis Joslin Road and Williams Drive. Ennis Joslin Road is designated by the adopted Urban Transportation Plan as an A3 arterial requiring a right -of -way of 130 feet. Williams Drive is designated by the adopted Urban Transportation Plan as a C3 collector requiring a right -of -way of 75 feet. The developer will be dedicating the required right -of -way. The first phase of the development will include the platting of Lot 1, Block 4, Oso River Estates. A requirement of the plat is to dedicate the required right -of -way for Ennis Joslin Road and Williams Drive. As part of the final plat requirement, construction of the adjacent roadways is also required. The construction of the roadways includes the construction of a bridge crossing over an existing drainage ditch. Section V. B. 1. b) of the Platting Ordinance states that the City may participate in the cost of the roadway construction with regard to pavement thickness greater than that of a Residential Collector street cross section. A residential collector has a pavement width of 40 feet back -to -back with an 8 -inch thick subgrade, a 6 -inch base layer and 2 inches of asphalt surface. Williams Drive as a C3 collector requires 50 feet back -to -back pavement with a 12 -inch thick subgrade, 10 -inch base layer and 2 inches of asphalt surface. Ennis Joslin Road as an A3 arterial has a pavement width of 95 feet back -to -back with a 12 -inch thick subgrade, 10 -inch base layer and 2 inches of asphalt surface. In accordance with the Platting Ordinance. the City would participate for the extra width and depth of the roadway beyond the Residential Collector. The extension of Ennis Joslin Road will also require a bridge crossing over an existing drainage ditch. Section IV. A. 16. of the Platting Ordinance states that the City may participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way exceeds 15 feet. The bottom width of the drainage way is 30 feet. Therefore the developer will be responsible for half of the cost of the bridge and the City will participate on the remaining portion. The developers are requesting to enter into a participation agreement with the City for the construction of the Ennis Joslin Road roadway and bridge. The owner's representative, Nixon Welsh, Bass & Welsh Engineering, has provided a cost estimate for the required roadway and bridge improvements (Exhibit D). The cost estimate totals $952,733.10, not including contingencies, engineering and testing fees. The developer's portion of the construction cost is $338,762.73. The City's portion is $613,970.37. Upon adding the contingencies, engineering and testing fees, the City's portion equals to $753,034.67. The developers are also requesting to enter into a deferment agreement with the City in order to delay the construction of Williams Drive. Per the adopted Urban Transportation Plan, this section of Williams Drive is to extend from Ennis Joslin Road east to Paul Jones Avenue. The portion of Williams Drive from the east boundary of the developers' property to Paul Jones Avenue is unimproved. The property immediately to the east of the Oso River Estates is own by the City of Corpus Christi and being developed with baseball /softball fields. There is a portion between the City's property and Paul Jones Avenue that is owned by Corpus Christi Independent School District (CCISD). The City has contacted CCISD regarding purchasing a tract of land for the expansion of the ball fields. Due to budgetary constraints, the purchase has been placed on hold. The Engineering Services Department has indicated their intent to recommend the extension of Williams Drive from the City's property west boundary line to Paul Jones Avenue in the 2012 Capital Improvement Bond Program. Until the bond is prepared and approved, the construction of Williams Drive from Ennis Joslin Road to development's east boundary line would be premature. If the roadway were constructed, the roadway EXHIBIT A -1 would deteriorate because of the lack of use. The developers are willing to enter into a deferment agreement with the City for Williams Drive. The developers would deposit a letter of credit for their portion of Williams Drive. The owner's representative, Nixon Welsh, Bass & Welsh Engineering, has provided a cost estimate for the construction Williams Drive including associated utilities (Exhibit F). The cost estimate total $459,521.32. The developers would provide a renewable letter of credit for this amount. When Williams Drive is extended east to Paul Jones Avenue, the developers' monies will be used to complete Williams Drive from Ennis Joslin Road to Paul Jones Avenue. EXHIBIT A -2 H:SDEVELOPMENT SERVICESIPARTICIPATION AGREEMENT\OSO RIVER ESTATES \COUNCIL AGENDA MEMO BACKGROUND.DOC ti � ` \ `........____ 1 '.----,` y l 4 OSO RIVER ESTATES v Miles W. 02505 0.1 Legend PLANNING.CITYLIMITS N E CmwbnDNe: OVJIW2009 Printing Date: O610/2009 Filc: H :%PLN DIRISHARE'DIGIS Proj.U+WAMp uAProposed River Hill EM Plops d Br NAB Soruoe: City of Caput CI01aV D4ertment of Development Services LOCATION MAP! .aver 's City of Corpus Christi EXFI��IT B EXII3BIT C BASS & WELSH ENGINEERING TX REGISTERED FIRM NO. F -52 P.O. BOX 6397 CORPUS CHRISTI. TX 78466 -6397 12/3/2009 OSO RIVER ESTATES ENNIS JOSLIN ROAD: SPID TO WILLIAMS DRIVE PRELIMINARY REIMBURSEMENT COST ESTIMATE PART 1: DEVELOPER'S COST A, C -1 STREET SECTION 40' BB/60' ROW. ENNIS JOSLIN ROAD EXCLUDING 135 LF WITHIN 155' DRAINAGE ROW SUBTOTAL B. "BRIDGE" AT ENNIS JOSLIN RD. CULVERT IMPROVEMENTS $186,962.10 QUANTITY UNIT UNIT PRICE AMOUNT 1 6" C & G 1857 LF 12.10 22.469.70 2. 2"HMAC 3859 SY 11.00 42,449.00 3. 8" CALICHE BASE TO 1' BC 4478 SY 12.75 57.09430 4. 8" LIME STABILIZED SUBGRADE TO 1' BC 4478 SY 4:40 19.70320 5. STREET EXCAVATION TO 1' BC 4478 SY 2.75 12,314.50 6. CLEARING & GRUBBING 1.31 AC 1,100.00 1.441.00 7. 4" THICK R/C WALK 7588 SF 4.15 31,490.20 SUBTOTAL B. "BRIDGE" AT ENNIS JOSLIN RD. CULVERT IMPROVEMENTS $186,962.10 SUBTOTAL STREET IMPROVEMENTS 1135 LF WITHIN 155' DRAINAGE RIGHT -OF -WAY) 5276,772:00 QUANTITY UNIT UNIT PRICE AMOUNT 1. 4 BARRELL 10' X 8' BOX CULVERT (52' LONG) 176 CY 1,100.00 193,600.00 2. HEADWALL 2 EA 11,000.00 22,000.00 3. WING WALL 4 EA 8,800.00 35,200.00 4. HAND RAIL 1 LS 5.500.00 5.500.00 5. EARTHWORK 1 LS 5,350.00 5,350.00 6. DIVERSION CHANNEL 1 LS 10,700:00 10,700.00 7. 6" CRUSHED STONE BASE BENEATH CULVERTS 268 SY 16.50 4,422.00 SUBTOTAL STREET IMPROVEMENTS 1135 LF WITHIN 155' DRAINAGE RIGHT -OF -WAY) 5276,772:00 TOTAL BRIDGE IMPROVEMENTS 50% BRIDGE IMPROVEMENTS DEVELOPER'S COST = TOTAL OF 40' BB STREET PLUS 50% BRIDGE IMPROVEMENTS $186.962.10 09022- PCEA.doc Page 1 of 2 EXHIBIT D -1 + 151,800.63 $26,829.25 $303,601.25 $151,800.63 5338,762.73 QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" C & G 270 LF 12.10 3,267.00 2. 2" HMAC 540 SY 11.00 5,940.00 3. 8 "'CALICHE BASE TO 1' BC 630 SY 12.75 8.03250 4. 8" LIME STABILIZED SUBGRADE TO 1' BC 630 SY 4.40 2,772.00 5. STREET EXCAVATION TO 1' BC 630 SY 2.75 1,732.50 6. 4" THICK R/C WALK 1175 SF 4.15 4,876.25 7. CLEARING & GRUBBING 0.19 AC 1,100.00 209.00 TOTAL BRIDGE IMPROVEMENTS 50% BRIDGE IMPROVEMENTS DEVELOPER'S COST = TOTAL OF 40' BB STREET PLUS 50% BRIDGE IMPROVEMENTS $186.962.10 09022- PCEA.doc Page 1 of 2 EXHIBIT D -1 + 151,800.63 $26,829.25 $303,601.25 $151,800.63 5338,762.73 OSO RIVER ESTATES ENNIS JOSLIN ROAD: SPID TO WILLIAMS DRIVE PRELIMINARY REIMBURSEMENT COST ESTIMATE PART 2: CITY'S COST A. A -3 STREET SECTION (95' BB DIVIDED STREET, 130' RIGHT -OF -WAY) ENNIS JOSLIN RD. INCLUDING ALSO 155' DRAINAGE RIGHT -OF- WAY SUBTOTAL B. CULVERT IMPROVEMENTS $450,858.10 QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" C 8, G 3764 LF 12.10 45,544.40 2. 2" HMAC 8903 SY 11.00 97,933.00 3. 10" CALICHE BASE TO 1' BC 10161 SY 16.00 162576.00 4. 12" LIME STABILIZED SUBGRADE TO 1' BC 10161 SY 6.60 67,062.60 5. STREET EXCAVATION TO t' BC 10161 SY 2.75 27,942.75 6. 4" THICK R/C WALK 8509 SF 4.15 35.31235 7. CLEARING & GRUBBING 3.17 AC 1,100.00 3,487.00 8. ADDITIONAL STORM•SEWER 1 LS 11,000.00 11,000.00 SUBTOTAL B. CULVERT IMPROVEMENTS $450,858.10 SUBTOTAL CITY'S COST = STREET COST + CULVERT COST $450.858.10 + 501,875.00 TOTAL PART 2 (CITY'S COST) $501,875.00 5952733.10 REIMBURSEMENT DUE DEVELOPER FROM CITY = PART1 - PART 2 $952.733.10 - 338,76273 $613,970.38 10% CONTINGENCIES 61.397.04 SUBTOTAL $675,367.41 8.5% ENGINEERING AND SURVEYING 57,406.23 1.5% PERFORMANCE BOND 10,130.51 1.5% TESTING 10.130.51 TOTAL AMOUNT REIMBURSEABLE 5753,034.67 09022- PCE -A.doc Page 2 of 2 EXHIBIT D -2 -90- QUANTITY UNIT UNIT PRICE AMOUNT 1. 4 BARRELL 10' X 8' BOX CULVERT (107' LONG) 361 CY 1,100.00 397,100.00 2. HEADWALL 2 EA 11,000.00 22,000.00 3. VYING WALL 4 EA 8,800.00 35,200.00 4. HAND RAIL 1 LS 5,500.00 5,500.00 5. EARTHWORK 1 LS 11,000.00 11,000.00 6. DIVERSION CHANNEL 1 LS 22,000.00 22,000.00 7. 6" CRUSHED STONE BASE BENEATH CULVERTS 550 SY 16.50 9, ,075.00 SUBTOTAL CITY'S COST = STREET COST + CULVERT COST $450.858.10 + 501,875.00 TOTAL PART 2 (CITY'S COST) $501,875.00 5952733.10 REIMBURSEMENT DUE DEVELOPER FROM CITY = PART1 - PART 2 $952.733.10 - 338,76273 $613,970.38 10% CONTINGENCIES 61.397.04 SUBTOTAL $675,367.41 8.5% ENGINEERING AND SURVEYING 57,406.23 1.5% PERFORMANCE BOND 10,130.51 1.5% TESTING 10.130.51 TOTAL AMOUNT REIMBURSEABLE 5753,034.67 09022- PCE -A.doc Page 2 of 2 EXHIBIT D -2 -90- Participation Agreement Between Smith & Peterson Parties and City Page 1 of 11 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS PARTICIPATION 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 (the "City ") and The Estate of Roy Milton Smith, Deceased, and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78470- 0184 (the "Smith Parties "), and Patricia Peterson Nuss and Chris Ann Peterson Brown, P.O. Box 8229, Corpus Christi, Texas 78468 (the "Peterson Parties "). The Smith Parties and the Peterson Parties are hereinafter referred to together as "Owner ". WHEREAS, the Smith Parties and the Peterson Parties own as joint tenants in common that certain real property located in Nueces County, Texas, being Lots 9, 10, 11, 22, 23, 24, 25, 26 and 27, Section 28, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached preliminary plat, Exhibit 1 (attached and incorporated), and Owner desires to plat a portion of the Property designated on Exhibit 1 as Lot 1, Block 4, Oso River Estates ( "Lot 1, Block 4 "); and WHEREAS, as a condition of such plat of Lot 1, Block 4, Owner is required to extend and construct the public roadways to be known as extensions of Ennis Joslin Road from its existing terminus approximately three hundred (300) feet south of South Padre Island Drive to Williams Drive, including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 1 (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by Owner in conjunction with the Owner's preliminary plat; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with an Owner of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Owner agree as follows: Subject to the terms of this agreement and the plat of Lot 1, Block 4, Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. EXHIWT E -1 Participation Agreement Between Smith & Peterson Parties and City Page 2 of 11 The Owner agrees to dedicate the required 130 feet wide right -of -way for the extension of Ennis Joslin Road and to dedicate the required 75 feet wide right -of -way for extension of Williams Drive, as located and shown on Exhibit 1 by public dedication upon filing of the final plat of Lot 1, Block 4, Oso River Estates. The City acknowledges that the width of such right -of -way dedications are in excess of what would otherwise be required of Owner absent this agreement, and Owner will not be required to pay water and sanitary sewer acreage fees on the acreage of the right -of -way dedications. The City further acknowledges that the construction of the Roadway Extension shall not include landscaping of the Ennis Joslin Road median and shall not include traffic signalization for the intersection of Ennis Joslin Road and Williams Drive. The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for construction of the Roadway Extension Exhibit 2 (attached and incorporated) (the "Cost Estimate "). Subject to the limitation below, Owner shall pay a portion of the costs of construction of the Roadway Extension in an amount up to what would be the costs of construction of a residential collector street along the route of the Roadway Extension (40' BB Streets) plus 50% of bridge improvements. Subject to the limitation set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, being the costs in excess of construction costs of a residential collector street and 50% of bridge improvements along the route of the Roadway Extension, designated as the total amount reimbursable on the Cost Estimate. Notwithstanding any other provision of this agreement, the total that the City shall pay for the City's agreed share of the costs of the Roadway Extension construction shall not exceed $753,034.67. The City shall reimburse the Owner the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed, upon receipt of Owner's invoice for the work performed. Such reimbursement shall be made payable to: The Estate of Roy Milton Smith, Deceased Gladys Mattie Smith Patricia Peterson Nuss Chris Ann Peterson Brown c/o San Jacinto Title 802 N. Carancahua, Suite 1500 Corpus Christi, Texas 78470 The invoices must be paid no later than thirty (30) days from the date of the Owner's invoice. Owner shall submit all required performance bonds and proof of required insurance in accordance with applicable laws. Owner shall submit standard contract documents for review and approval. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify Owner of any defect, deficiency or other non - approved condition in the progress of the Roadway Extension. EXHipIT E -2 Participation Agreement Between Smith R. Peterson Parties and City Page 3 of 11 In accordance with Section 212.073. Texas Local Government Code, Owner shall cause the construction contractor that Owner engages to construct the Roadway Extension to execute a performance bond for the construction of the Roadway Construction improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF ENNIS JOSLIN ROAD DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE 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, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112, Owner agrees to complete the Disclosure of Ownership Interests form Exhibit 3 (attached and incorporated). This agreement becomes effective and binding upon, and inures to the benefit of, the parties hereto and their heirs, successors, and assigns from and after date of execution. EXHIRIT E -3 Participation Agreement Between Smith & Peterson Parties and City Page 4 of 1 l EXECUTED in triplicate this day of , 2009. Gladys Mattie Smith, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Gladys Mattie Smith, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased. Notary Public, State of Texas Ronald G. McGee, Vice President, on behalf of The Frost National Bank, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Ronald G. McGee, Vice President, on behalf of The Frost National Bank, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased. Notary Public, State of Texas EXIi��IT E-4 Participation Agreement Between Smith & Peterson Parties and City Page 5 of 11 Gladys Mattie Smith THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Gladys Mattie Smith. Notary Public, State of Texas Patricia Peterson Nuss THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Patricia Peterson Nuss. Notary Public, State of Texas EXHIIT E -5 Participation Agreement Between Smith & Peterson Parties and City Page 6 of 11 Chris Ann Peterson Brown THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Chris Ann Peterson Brown. Notary Public, State of Texas EXHJI3IT E -6 Participation Agreement Between Smith & Peterson Parties and City Page 7 of 11 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, ANGEL R. ESCOBAR City Secretary City, Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of 2009, by ANGEL R. ESCOBAR, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This day of , 2009. By: Deborah Walther Brown Assistant City Attorney for the City Attorney EXHIWT E -7 Participation Agreement Between Smith & Peterson Parties and City Page 8 of 11 rir4 rr4 6 tr, t • -,1" . ___=___ ...,,_ r,,,,..r„.. • ,7 A i'`,9 - h f.; ff. • f 1 1 f'—' , _ _ = = -, •- ALA, ..a_ ' . 1 f f rir ,. . .. I 1 ,•-•1 _ - , r .rr r. ,.. —j- r.r .k1 EXIIT 1 Participation Agreement Between Smith & Peterson Parties and City Paae 9 of 11 BASS & WELSH ENGINEERING TX REGISTERED FIRM NO. F -52 P.O. BOX 6397 CORPUS CHRISTI. TX 78466 -6397 12/3,2009 OSO RIVER ESTATES ENNIS JOSLIN ROAD: SPID TO WILLIAMS DRIVE PRELIMINARY REIMBURSEMENT COST ESTIMATE PART I: DEVELOPER'S COST A. C -1 STREET SECTION, 40' 138 /60' ROW, ENNIS JOSLIN ROAD EXCLUDING 135 LF WITHIN 155' DRAINAGE ROW SUBTOTAL B. "BRIDGE" AT ENNIS JOSLIN RD. CULVERT IMPROVEMENTS $186,962.10 QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" C & G 1857 LF 1110 21469.70 2. 2" HMAC 3859 SY 11.00 42,449.00 3. 8" CALICHE BASE TO 1' BC 4478 SY 12.75 57,094.50 4. 8" LIME STABILIZED SUBGRADE TO 1' BC 4478 SY 4.40 19.703.20 5. STREET EXCAVATION TO 1' BC 4478 SY 2.75 12,314.50 6. CLEARING & GRUBBING 1.31 AC 1.100.00 1,441.00 7. 4" THICK R/C WALK 7588 SF 4,15 31,490.20 SUBTOTAL B. "BRIDGE" AT ENNIS JOSLIN RD. CULVERT IMPROVEMENTS $186,962.10 SUBTOTAL STREET IMPROVEMENTS (135 LF WITHIN 155' DRAINAGE RIGHT -OF -WAY( $276,772.00 QUANTITY UNIT UNIT PRICE AMOUNT 1. 4 BARRELL 10' X 8' BOX CULVERT (52' LONG) 176 CY 1,100.00 193,600.00 2. HEADWALL 2 EA 11,000.00 22,000.00 3. WING WALL 4 EA 8.800.00 35,200.00 4. HAND RAIL 1 LS 5.500.00 5.500.00 5. EARTHWORK 1 LS 5.350.00 5.350.00 6. DIVERSION CHANNEL 1 LS 10.700.00 10.700.00 7. 6" CRUSHED STONE BASE BENEATH CULVERTS 268 SY 16.50 4,422.00 SUBTOTAL STREET IMPROVEMENTS (135 LF WITHIN 155' DRAINAGE RIGHT -OF -WAY( $276,772.00 TOTAL BRIDGE IMPROVEMENTS 50% BRIDGE IMPROVEMENTS DEVELOPER'S COST = TOTAL OF 40' BB STREET PLUS 50% BRIDGE IMPROVEMENTS $186.962.10 * 151.800.63 09022- PCE -A.doc Page 1 of 2 EXHIIT 2.1 $26,829.25 $303,601.25 $151,800.63 5338,762.73 QUANTITY UNIT UNIT PRICE AMOUNT 1. 6 "C &G 270 LF 12.10 3.267.00 2. 2" HMAC 540 SY 11.00 5.940.00 3. 8" CALICHE BASE TO 1' BC 630 SY 12.75 8.032.50 4. 8" LIME STABILIZED SUBGRADE TO 1' BC 630 SY 4.40 2,772.00 5. STREET EXCAVATION TO 1' BC 630 SY 2.75 1.732.50 6. 4" THICK R/C WALK 1175 SF 4.15 4,876.25 7. CLEARING & GRUBBING 0.19 AC . 1.100.00 209.00 TOTAL BRIDGE IMPROVEMENTS 50% BRIDGE IMPROVEMENTS DEVELOPER'S COST = TOTAL OF 40' BB STREET PLUS 50% BRIDGE IMPROVEMENTS $186.962.10 * 151.800.63 09022- PCE -A.doc Page 1 of 2 EXHIIT 2.1 $26,829.25 $303,601.25 $151,800.63 5338,762.73 Participation Agreement Between Smith & Peterson Parties and City Page 10 of 11 OSO RIVER ESTATES ENNIS JOSLIN ROAD: SPID TO WILLIAMS DRIVE PRELIMINARY REIMBURSEMENT COST ESTIMATE PART 2: CITY'S COST A. A -3 STREET SECTION (95' BB DIVIDED STREET, 130' RIGHT -OF -WAY) ENNIS JOSLIN RD. INCLUDING ALSO 155' DRAINAGE RIGHT -OF- WAY SUBTOTAL B. CULVERT IMPROVEMENTS 8450,858.10 QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" C & G 3764 LF 12.10 45.544.40 2. 2" HMAC 8903 SY 11.00 97.933.00 3. 10" CALICHE BASE TO 1' BC 10161 SY 16.00 162,576.00 4. 1? LIME STABILIZED SUBGRADE TO 1' BC 10161 SY 6.60 67,062.60 5. STREET EXCAVATION TO 1' BC 10161 SY 2.75 27,942.75 6. 4" THICK RIC WALK 8509 SF 4.15 35,312.35 7. CLEMING& GRUBBING 3.17 AC 1.100.00 3,487.00 8. ADDITIONAL STORM SEWER 1 LS 11,000.00 11,000.00 SUBTOTAL B. CULVERT IMPROVEMENTS 8450,858.10 SUBTOTAL CITY'S COST = STREET COST + CULVERT COST $450,858.10 501,875.00 $501,875.00 TOTAL PART 2 (CITY'S COST) $952,733.10 REIMBURSEMENT DUE DEVELOPER FROM CITY = PART 1 - PART 2 $952.733.10 - 338,762.73 $613,970.38 10% CONTINGENCIES 61.397.04 SUBTOTAL $675,367.41 8.5% ENGINEERING AND SURVEYING 57.406.23 1.5% PERFORMANCE BOND 10.130.51 1.5% TESTING 10.130.51 TOTAL AMOUNT REIMBURSEABLE 8753,034.67 09022- PCE -A.doc Page 2 of 2 EXIlUiIT 2.2 QUANTITY UNIT UNIT PRICE AMOUNT 1. 4 BARRELL 10' X 8' BOX CULVERT (107' LONG) 361 CY 1,100.00 397,100.00 2. HEADWALL 2 EA 11.000.00 22,000.00 3. WING WALL 4 EA 8,800.00 35.200.00 4. HAND RAIL 1 LS 5.500.00 5,500.00 5. EARTHWORK 1 LS 11,000.00 11.000.00 6. DIVERSION CHANNEL 1 LS 22,000.00 22,000.00 7. 6" CRUSHED STONE BASE BENEATH CULVERTS 550 SY 16.50 9.075.00 SUBTOTAL CITY'S COST = STREET COST + CULVERT COST $450,858.10 501,875.00 $501,875.00 TOTAL PART 2 (CITY'S COST) $952,733.10 REIMBURSEMENT DUE DEVELOPER FROM CITY = PART 1 - PART 2 $952.733.10 - 338,762.73 $613,970.38 10% CONTINGENCIES 61.397.04 SUBTOTAL $675,367.41 8.5% ENGINEERING AND SURVEYING 57.406.23 1.5% PERFORMANCE BOND 10.130.51 1.5% TESTING 10.130.51 TOTAL AMOUNT REIMBURSEABLE 8753,034.67 09022- PCE -A.doc Page 2 of 2 EXIlUiIT 2.2 Participation Agreement Between Smith & Peterson Parties and City Page 11 of 11 DISCLOSURE OF INTEREST EXHbpIT 3 BASS & WELSH ENGINEERING TX REGISTRATION NO. F -52 P.O. BOX 6397 CORPUS CHRISTI, TX 78466 -6397 PRELIMINARY COST ESTIMATE LOT 1, BLOCK 4, OSO RIVER ESTATES WILLIAMS DRIVE IMPROVEMENTS (FOR DEFERMENT AGREEMENT, 40' 8B STREET) STREET IMPROVEMENTS 12/4/2009 TOTAL STREET IMPROVEMENTS DRAINAGE IMPROVEMENTS 5212,824.50 QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" C & G 2174 LF 12.10 26.305.40 2. 2" HMAC 4348 SY 11.00 47,828.00 3. 8" CALICHE BASE TO 1' BC 5073 SY 12.75 64.880.75 4. 8" LIME STABILIZED SUBGRADE TO 1' BC 5073 SY 4.40 22.321.20 5. STREET EXCAVATION TO 1' BC 5073 SY 2.75 13,950.75 6. 4" THICK R/C WALK 8896 SF 4.15 36,088.40 7. CLEARING & GRUBBING 1.5 AC 1,100.00 1;850.00 TOTAL STREET IMPROVEMENTS DRAINAGE IMPROVEMENTS 5212,824.50 TOTAL DRAINAGE IMPROVEMENTS SANITARY SEWER IMPROVEMENTS $81,420.00 QUANTITY UNIT UNIT PRICE AMOUNT 1. 24" RCP 1382 LF 50.00 69,100.00 2. INLET 4 EA 3,080.00 12.320.00 TOTAL DRAINAGE IMPROVEMENTS SANITARY SEWER IMPROVEMENTS $81,420.00 TOTAL SANITARY SEWER IMPROVEMENTS WATER INIPROV EMENTS $1,760.00 QUANtiTY QUANTITY UNIT UNIT PRICE AMOUNT 1. 18" PVC PIPE 40 LF 44.00 1,760.00 TOTAL SANITARY SEWER IMPROVEMENTS WATER INIPROV EMENTS $1,760.00 TOTAL WATER IMPROVEMENTS SUBTOTAL CONSTRUCTION IMPROVEMENTS 10% CONTINGINCIES TOTAL CONSTRUCTION ENGINEERING & TESTING TOTAL CONSTRUCTION, ENGINEERING & TESTING 10% FOR DEFERMENT AGREEMENT TOTAL 09022- PCE -D.doc Page 1 of 1 EXHRIT F $52,447.00 $348,451.50 $34,845.15 $383,296.65 $34,450.00 $417,746.65 541.774.67 $459,521.32 QUANtiTY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 1087 LF 26.00 28262.00 2. 8" TEE 4 EA 400.00 1,800.00 3. 8" TAPPING SADDLE AND 8" TAPPING GATE VALVE 1 EA 2.725.00 2725.00 4. 8" GATE VALVE WIBOX 1 EA 1,060,00 1,060.00 5. FIRE HYDRANT ASSEMBLY 4 EA 2.805.00 11,220.00 6. 6" GATE VALVE W/BOX 4 EA 875.00 3,500.00 7. 6" 90° ELBOW 4 EA 300.00 1200.00 8. 8" X 30" PVC PIPE NIPPLE 12 EA 240.00 2,880.00 TOTAL WATER IMPROVEMENTS SUBTOTAL CONSTRUCTION IMPROVEMENTS 10% CONTINGINCIES TOTAL CONSTRUCTION ENGINEERING & TESTING TOTAL CONSTRUCTION, ENGINEERING & TESTING 10% FOR DEFERMENT AGREEMENT TOTAL 09022- PCE -D.doc Page 1 of 1 EXHRIT F $52,447.00 $348,451.50 $34,845.15 $383,296.65 $34,450.00 $417,746.65 541.774.67 $459,521.32 Deferment Agreement Between Smith & Peterson Parties and City Page 1 of 9 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and The Estate of Roy Milton Smith, Deceased, and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christ, Texas 78469 (hereinafter "Smith Parties "), and Patricia Peterson Nuss and Chris Ann Peterson Brown, P. O. Box 8229, Corpus Christi, Texas 78468 (hereinafter "Peterson Parties "). The Smith Parties and the Peterson Parties are hereinafter referred together as "Owner." This agreement pertains to deferral of the required completion of the Williams Drive infrastructure improvements prior to filing the final plat of the proposed Oso River Estates, Block 4, Lot 1 which is part of the Preliminary Plat of Oso River Estates (the "plat "), which was approved by the Planning Commission on September 30, 2009. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Owner is obligated under Section III, 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 Owner is seeking to defer the construction of Williams Drive improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Planning Commission on December 9, 2009 granted a variance to Section IV, Paragraph A, Subparagraph 12 of the Platting Ordinance to allow the full width of Williams Drive improvements to be deferred; WHEREAS, the Planning Commission on December 9, 2009 also granted a variance to Section IV, Paragraph A, Subparagraph 12. c) of the Platting Ordinance to allow a renewable letter of credit as a deposit in lieu of a cash deposit; WHEREAS, the Owner is seeking to have the plat filed with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements of Williams Drive as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Owner will deposit, with the City of Corpus Christi, the amount of Four Hundred Fifty -Nine Thousand Five Hundred Twenty -One Dollars and 32/100 ($459,521.32), representing 110% of the estimated cost of constructing the deferred EXHIBIT G -1 -103— Deferment Agreement Between Smith & Peterson Parties and City Page 2 of 9 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 Owner will satisfy all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants will be completed; WHEREAS, the Owner is entering into this Deferment Agreement as required by Section IV, Paragraph A, Subparagraph 12. c) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Owner 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. 2. The principal amount of Four Hundred Fifty -Nine Thousand Five Hundred Twenty -One Dollars and 32/100 ($459,521.32) as shown in Exhibit 3, 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 of Williams Drive 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 contractor solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 3. Williams Drive shall be constructed in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Owner with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Owner from the obligations to construct the deferred improvements by mailing a Release Letter to: The Estate of Roy Milton Smith, Deceased Gladys Mattie Smith Patricia Peterson Nuss Chris Ann Peterson Brown c/o San Jacinto Title 802 N. Carancahua, Suite 1500 Corpus Christi, Texas 78470 EXHIBIT G -2 —104— Deferment Aareernent Between Smith & Peterson Parties and City Page 3 of 9 5. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 6. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 7 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. 8. 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. 9. The Owner 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. 10. 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 Owner, 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. Gladys Mattie Smith, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Gladys Mattie Smith, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased Notary Public, State of Texas EXHIBIT G -3 -105— Deferment Agreement Between Smith & Peterson Parties and City Page 4 of 9 Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Independent Co- Executor of the Estate of Roy Milton Smith, Deceased Notary Public, State of Texas Gladys Mattie Smith THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Gladys Mattie Smith Notary Public, State of Texas Patricia Peterson Nuss THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Patricia Peterson Nuss. Notary Public, State of Texas EXHIBIT G-4 -106— Deferment Agreement Between Smith & Peterson Parties and City Page 5 of 9 Chris Ann Peterson Brown THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Chris Ann Peterson Brown. 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 EXHIBIT G -5 —107— Deferment Agreement Between Smith & Peterson Parties and City Page 6 of 9 ,161 Ri.. $:11 I ■ € 41' . , :-..i ,, :;;, •:, 2:4t, ..1 liEr:. 1.. 1 1 C = ! ■ [1 11 4 It I • 1' •-• • V' '1 J EXHIBIT 1 -108- Deferment Agreement Between Smith & Peterson Parties and City Page 7 of 9 ! EXHIBIT 2 -109- Deferment Agreement Between Smith & Peterson Parties and City Page 8 of 9 BASS & WELSH ENGINEERING TX REGISTRATION NO. F -52 P.0 BOX 6397 CORPUS CHRISTI, TX 78466-6397 PRELIMINARY COST ESTIMATE LOT 1. BLOCK 4, 050 RIVER ESTATES WILLIAMS DRIVE IMPROVEMENTS (FOR DEFERMENT AGREEMENT. 40' BB STREET) STREET IMPROVEMENTS 12/4/2009 TOTAL STREET IMPROVEMENTS DRAINAGE IMPROVEMENTS $212,824.50 QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" C & G 2174 LF 12.10 26,305.40 2. 2" HMAC 4348 SY 11.00 47,828.00 3. 8" CALICHE BASE TO 1' BC 5073 SY 12.75 64,680.75 4. 8" LIME STABILIZED SU BGRADE TO 1' BC 5073 SY 4.40 22.321.20 5. STREET EXCAVATION TO 1' BC 5073 SY 2.75 13,950.75 6. 4" THICK RJC WALK 8696 SF 4.15 36,088.40 7. CLEARING & GRUBBING 1.5 AC 1.100.00 1,650.00 TOTAL STREET IMPROVEMENTS DRAINAGE IMPROVEMENTS $212,824.50 TOTAL DRAINAGE IMPROVEMENTS SANITARY SEWER IMPROVEMENTS S81,420.00 QUANTITY UNIT UNIT PRICE AMOUNT 1. 24" RCP 1382 LF 50.00 69,100.00 2. INLET 4 EA 3,080.00 12.320.00 TOTAL DRAINAGE IMPROVEMENTS SANITARY SEWER IMPROVEMENTS S81,420.00 TOTAL SANITARY SEWER IMPROVEMENTS WATER IMPROVEMENTS $1,760.00 QUANTITY QUANTITY UNIT UNIT PRICE AMOUNT 1 1. 18" PVC PIPE 40 LF 44.00 1,760.001 TOTAL SANITARY SEWER IMPROVEMENTS WATER IMPROVEMENTS $1,760.00 TOTAL WATER IMPROVEMENTS SUBTOTAL CONSTRUCTION IMPROVEMENTS 10% CONTINGINCIES TOTAL CONSTRUCTION ENGINEERING 8 TESTING TOTAL CONSTRUCTION, ENGINEERING & TESTING 10% FOR DEFERMENT AGREEMENT TOTAL 09022- PCE -D.doc Page 1 of 1 EXHIBIT 3 -110- $52,447.00 5348,451.50 $34,845.15 5383,296.65 $34,450.00 5417,746.65 $41,774.67 $459,521.32 QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 1087 LF 26.00 28262.00 2. 8 "TEE 4 EA 400.00 1,600.00 3. 8 " TAPPING SADDLE AND 8" TAPPING GATE VALVE 1 EA 2,725.00 2.725.00 4. 8" GATE VALVE W /BOX 1 EA 1,060.00 1,060.00 5. FIRE HYDRANT ASSEMBLY 4 EA 2,805.00 11,220.00 6. 6" GATE VALVE W/BOX 4 EA 875.00 3,500.00 7. 6" 90° ELBOW 4 EA 300.00 1,200.00 8. 6" X 30" PVC PIPE NIPPLE 12 EA _ 240.00 2,880.00 TOTAL WATER IMPROVEMENTS SUBTOTAL CONSTRUCTION IMPROVEMENTS 10% CONTINGINCIES TOTAL CONSTRUCTION ENGINEERING 8 TESTING TOTAL CONSTRUCTION, ENGINEERING & TESTING 10% FOR DEFERMENT AGREEMENT TOTAL 09022- PCE -D.doc Page 1 of 1 EXHIBIT 3 -110- $52,447.00 5348,451.50 $34,845.15 5383,296.65 $34,450.00 5417,746.65 $41,774.67 $459,521.32 Deferment Agreement Between Smith & Peterson Parties and City Page 9 of 9 DISCLOSURE OF INTEREST FORM EXHIBIT 4 -111- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 12, 2010 AGENDA ITEM: Ordinance renaming the park located at 10622 Frontier Drive, Frontier Drive at Winrock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. ISSUE: The City has established a formal policy for facilities. The City, through the Parks and Recreation Department, received a renaming request from Assistant Police Chief Mike Walsh for Overland Park. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received Assistant Chief Walsh's presentation at their October 14, 2009 and requested staff begin the 60 day process of due diligence research and public notification. One phone call inquiring about Officer Alexander's identification was received. Support from the Corpus Christi Police Department was received. During the regular PRAC meeting on December 9, 2009, by a six to one majority, the PRAC voted to recommend the City Council approve the request to rename Overland to Lt. Stuart J. Alexander Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Overland to Lt. Stuart J. Alexander Memorial Park be approved. Stacie Talbert, Interim Director Parks and Recreation Department 361 - 826 -3464 StacieT(c�cctexas.com Attachments: Background Information Staff Due Diligence Report Request to rename park Council Policy Information for Naming of City Parks and Recreational Facilities (attach approved ordinance amendment) -115- BACKGROUND INFORMATION Overland Park is a 5.18 acre park located at 10622 Frontier Drive, Frontier Drive and Winrock Drive. Similar ordinances have been requested by the Parks and Recreation Advisory Committee (PRAC) and approved by the City Council. —116— Page 1, Due Diligence Report Overland Park Renaming Project To Lt. Stuart J. Alexander Memorial Park Staff, Due Diligence Report December 8, 2009 On September 9, 2009, Sally Gavlik, City of Corpus Christi, Parks & Recreation Director received a request from Assistant Police Chief, Mike Walsh to rename Overland Park to Lt. Stuart J. Alexander Memorial Park. The Parks & Recreation Advisory Committee received the request at their October 14, 2009 regular meeting. The committee requested staff complete their due diligence report for the December 9, 2009 meeting. Public notification signs were posted at the park property on November 11, 2009. Notification fliers were mailed to 49 property owners within one and one -half miles of the site on November 23, 2009. Part of the public notice was an invitation to attend the Parks & Recreation Advisory Committee meeting on December 9, 2009. To date, there has been one (1) phone conversation recorded asking for identification of Lt. Alexander. The caller expressed support of the renaming request. A copy of this response is attached. During the due diligence process for the request to rename Jackson VVoods Park for Officer Thebeau the department received six messages of support from fellow officers and staff for renaming both parks to honor the fallen officers. Final public announcement was published in the Caller Times on Monday, December 7 and Tuesday, December 8, 2009. Staff Recommendation: Staff supports the name change. If Council supports this recommendation, Assistant Chief Mike Walsh will be notified of the park sign replacement fee. Stacie Talbert, Interim Director Parks and Recreation (361) 826 -3464 —117— Page 1, Notification Caller Times Newspaper Publication December 7, 2009 and December 8, 2009 Public Notice: Over €and Park Renaming v cnai deratlon The public is hereby notified in compliance with the Corpus Christi Code of Ordinance, the Corpus Christi Parks & Recreation Department is considering renaming Overland Park at 10622 Frontier Dr, to Lieutenant Stuart J. Alexander Memorial Park This item will be discussed at the Parks & Recreation Advisory Committee meeting, December 9, 2009, 5pm, City Hall Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Rec at 826 -3463 with your comment or question. -118- Page 2, Notification Park notification posted at park on November 11, 2009 Flier mailed to park neighbors on November 23, 2009 The City Corpus Christi, Parks and Recreation Department has received a request to Overland Park at 10622 Frontier Dr, to Lieutenant Stuart J. Alexander Memorial Park This item will be discussed at the Parks and Recreation Advisory Committee meeting December 14, 2009, 5:00 pm, City Hall, 1201 Leopard Street, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks and Recreation at 826 -3463 with your comment or question. -1 1 9- REQUEST FOR THE NAMING OR RENAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) Ov rratwo4 K 2. Location LO4i3 Fron, Fits- Privet 3. Suggested Name j,1tet#srlr+�' lt1r' ''"A r at»w►ep ����rF tm i rat 4. Please describe why you feel this name to be appropriate. IA's tit (p r � i �. ` (rigor 4c . 4 `: ?o (!bb Dtpo.v `fry.frit '4Vto 14 leek**. U. ALa " it V4161S �i ak Andi by k 'id wb a,�r ,a+ferntting 011 Stor 41144 i wi erptih Vdurs M4rck It f 1,qt Re > Rr wit a fi 1'i 1 be ' to his spice c .em■Imumtlyt. 5. Name and address of person making request. 1 Name ! � At.riEtk , A‘zittierAPT 4itef Address iii 4$+v1 ‘ifilA,tv% tliv+ e'i" Phone (sit 24, 04 6. Do you represent an organization with respect to this request? YIES If `yes; name organization &MAAS Atew ! POLlork O'4 ' 7. Date of this request Selintinelk. q WOri R FOR OFFICE USE ONLY: —; Request: Approved Rejected Tabled T' r cn Date of Committee Action G' c-.."; - Date of Council Action ,� Legal Notice Newspaper c` Notice to Appropriate Councilmember Public Notice - Neighborhood -120- RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING NAMING OF CITY FACILITIES TO PROHIBIT THE RENAMING OF A FACILITY ALREADY NAMED IN HONOR OF A PERSON, GROUP OR EVENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, is amended to prohibit the renaming of a City facility which was previously named after person, group, or event. "6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. Only the following facilities are eligible to be considered for name changes: (1) park or park facility which is not already named in honor of a person, group, or event; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill -eut complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Beard committee for a minimum of 60 days after receipt of the proposal. 028430 H: \LEG- DIR\Lisa\2009 Resolutions\Naming of City facilities November 9.doc —121— 2 (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the Board committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Beard committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or act event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination -from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person, group, or event is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with renaming 3 ceremonies and the . rovision of markers si• ns •la. ues. or memorials shall be borne b the entity requesting the name change. The renaming of any City facility which is already named in honor of a person, group, or event is not permitted." SECTION 2. This Resolution takes effect on date of City Council approval. THE CITY OF CORPUS CHRISTI Las Armando Chapa " Joe • :.ame City Secretary Mayor APPROVED: --)"LJ-'v' • , 2009. Lisa Aguilak,Assistant City Attorney Corpus Christi, Texas ��� of tu-((,,,,-`- , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Eiizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott / - ---I- 7 = ill 1111111111 , __ .,. ,,. - .2. Q c N Y Q O I Z Q 2 aile, m ___________ _ dOOI papWw3 - Q CHIMNEY ROCK DRIVE .BR,....... _ w 7/ i � _ 3A/SO sNO -- o_ 4111111/11. alleall MIMEO —� -_ WW bS gill — .. ---_ -- a �__ Z ..__. ,„, / � aJ l- � 1MN0 ROCK DRIVE _� / _ O K ----- w la a . 3nla SILVERSPUR DRIVE 11111081 lir 2 --- -- Malaill O baOabOSN1 0 — - Li") T L zY% .O.- w BRAMBLEBUSH DRIVE kff O ___ we. now laill I _ earn la i Hil / w j W .--_/ / 2 ,_ / l w 7 am/ NEI �_ -_-I . _-q Z BLUE GRASS DRIVE 1 ■ o a w •llIj$tI I � __�_ door oaoww3 1 1■ 11111 _ / /// r ZIO M31n153M - � S��e�O. ROCKWOOD STREET T IIP . . DRAINAGE DITCH \• i ,,,S ,, pooh 41 • Ili 4. FRONTIER DRIVE SADDLE LANE OVERLAND PARK FRONTIER DRIVE PIONEER DRIVE SUNDOWN DRIVE BANDERA DRIVE HEMLOCK ROAD HORSESHOE DRIVE Page 1 of 2 ORDINANCE RENAMING THE PARK LOCATED AT 10622 FRONTIER DRIVE, FRONTIER DRIVE AT WIND ROCK DRIVE FROM OVERLAND PARK TO LT. STUART J. ALEXANDER MEMORIAL PARK. WHEREAS, there is an approximately 5.18 acre park area located 10622 Frontier Drive, located near intersection of Frontier Drive and Wind Rock Drive; WHEREAS, on September 9, 2009, the City received a request from Assistant Police Chief Mike Walsh to rename this park, Lt. Stuart J. Alexander Memorial Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their October 14, 2009 meeting at which time they requested staff begin their due diligence research and began the 60 day process of public notification; WHEREAS, notice was posted at the park on November 11, 2009 with legal notice about the proposed name change posted in the CC Caller Times on December 7, 2009 and December 8, 2009; WHEREAS, the PRAC considered and by a six to one majority vote, recommended the Overland Park name change to City Council at their December 9, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 10622 Frontier Drive, located near the intersection of Frontier Drive and Wind Rock Drive, is hereby renamed from Overland Park to the Lt. Stuart J. Alexander Memorial Park. That the foregoing ordinance was read for the first time and passed to its second reading on this the 04- day of Gt ri ua ,A4/r , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 7, 2010 By: Lisa Aguil Interim City Attorney Joe Adame Mayor 1] AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 19, 2010) Case No. 1209 -02 Reimco, Inc.: A change of zoning from the "A -1" Apartment House District to the "AB" Professional Office District resulting in a change of land use from Church to Professional Office use on the property described below: Bay View, Block 1, Lots 13 through 16, generally located south of Buford Street, on the corner of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3rd Street. Planning Commission's and Staff's Recommendation (December 9, 2009) Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "AB" Profession Office District. Requested Council Action: Approval of Planning Commission and Staffs Recommendation. Summary: STAFF SUMMARY: Request: The applicant is requesting a change in zoning from the "A -1" Apartment House District to the "AB" Professional Office District to renovate an existing 6,964 square foot church for professional office use for a single occupant. Normal business hours are proposed and the use is anticipated to employ from 10 -15 people. The Applicant estimates that the construction of the proposed office use will take from 12 to 16 months. Existing Land Uses: The existing use for the subject property is a First Church of Christ, Scientist church, the church is not vacant. Existing Zoning: The subject property is zoned "A- i" Apartment House District. The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple- family residences and is usable for construction of garden -type apartments in appropriate Locations, or for the conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. The "A -1" District requires a 20 -foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum of 30 feet. Proposed Zoning: The Applicant is requesting a change in zoning to the "AB" Professional Office District. This district permits business and professional office uses and also includes single- family, duplex, multiple- family residential uses (maximum of 36.30 units per acre), rooming and boarding houses, clinics, beautician and barber shops, artist studios, 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 may be used or stored in the building or on the property lot. The "AB" 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. -131- Agenda Memo Case No. I209 -02 (Reimco. Inc.) Page 2 Transportation and Circulation: The subject property has access to Second Street, a two lane, C1, Minor Residential Collector Street, which provides for internal neighborhood circulation as well as property access. Thirty feet of the 60 -foot width is paved. There are currently no plans for upgrades. The subject property also has access to Buford Street, a 3 lane (2 lanes with center turn lane) C2, Secondary Collector street, which services low - density residential uses, medium - density residential uses, elementary and middle schools, low intensity business uses or other uses with similar traffic generating characteristics. Forty feet of the 65 -foot width is paved. Infrastructure Demand: • Water: There is an 8 -inch water main along Second Street, and an 8 -inch line exists approximately 80 feet to the east of the subject property on Buford Street. ❖ Wastewater: There is a 6 -inch wastewater line along the back of the property line, no wastewater lines exist along Buford Street. ❖ Stormwater: There is a stormwater connection pipe at the corner of Buford and Second Streets, it appears that a stormwater line is proposed along Buford Street but currently no lines exist on either street. Public Safety: Police: Fire: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D60. Crime statistics show a total of 1,095 crimes reported in 1993, with a reduction of 497 crimes for a total of 598 crimes reported in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Station #3, located at 1401 Morgan Road, approximately 3,900 feet from the subject property. Environmental Constraints: ❖ FEMA Flood Zone: Zone C, areas of minimal flooding. ❖ Wetlands: No wetlands exist on the subject property. Notification: Of the twenty -three notices mailed to the surrounding property owners one notice was returned in favor and zero were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM/dIg Juan Perales, Jr., P.E., Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361- 826 -3828 H:\PLN- DIR\SHARED \1 Planning Commission\2010 PC\2010 C1T 103c2i!orts\Jan. 2010 \1209 -02 agenda memo Reimco Inc doc Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Agenda Memo Case No. 1209 -02 (Reimco, Inc.) Page 3 Senior Planner H.-\PLN -DIR \ SHARED \I Planning Commission\2010 PC\2aTO't $ iluncil Reports\Jan. 2010\1209 -02 agenda memo Reimco. Ina.doc CITY COUNCIL ZONING REPORT Case No.: 1209 -02 City Council Hearing Date: January 19, 2010 Applicant & Legal Description Applicant: Reimco, Inc. Owner: First Church of Christ, Scientist/ c/o Keith Wommack Representative: The Clower Company Address: 1102 Second Street, Corpus Christi, TX Legal Description/Location: Bay View, Block 1, Lots 13 through 16, generally located south of Buford Street, on the corner of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3rd Street. Zoning Request From: "A -1" Apartment House District To: "AB" Professional Office District Area: Approximately 25,839 sq. ft. Purpose of Request: For the renovation and construction of Professional Office Space. Zoning Existing Land Use Future Land Use Site "A -1" Apartment House District Public /Semi - Public Use Public /Semi- Public Use North `A -1" Apartment House District Vacant Commercial East "AB" Professional Office District "A -1" Apartment House District Vacant, Professional Office, Medium - Density Residential Uses Commercial South "A -1" Apartment House District Low Density Residential Commercial West "A -1" Apartment House District Medium- Density Residential Use Commercial ADP, Map & Violations Area Development Plan: This lot is located in the South Central Area Development Plan. The proposed change in zoning to the "AB" Professional Office District is not consistent with the adopted Future Land Use Map which designates the subject property for Public /Semi- Public Use. However, the surrounding land uses are planned for more intense commercial uses; therefore a Professional Office use could be supported by Staff Map No.: 045043 Zoning Violations: None STAFF SUMMARY: Request: The applicant is requesting a change in zoning from the "A -1" Apartment House District to the "AB" Professional Office District to renovate an existing 6,964 square foot church for professional office use for a single occupant. Normal business hours are proposed and the use is anticipated to employ from 10 -15 people. The Applicant estimates that the construction of the proposed office use will take from 12 to 16 months. —134— City Council Zoning Report Applicant: Reimco, Inc. /First Church of Christ Scientist Case 1209-02 Page 2 of 5 Existing Land Uses: The existing use for the subject property is a First Church of Christ, Scientist church, the church is not vacant. Existing Zoning: The subject property is zoned "A -1" Apartment House District. The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple - family residences and is usable for construction of garden -type apartments in appropriate locations, or for the conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. The "A -1" District requires a 20 -foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum of 30 feet. Proposed Zoning: The Applicant is requesting a change in zoning to the "AB" Professional Office District. This district permits business and professional office uses and also includes single - family, duplex, multiple - family residential uses (maximum of 36.30 units per acre), rooming and boarding houses, clinics, beautician and barber shops, artist studios, 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 may be used or stored in the building or on the property lot. The "AB" 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. Transportation and Circulation: The subject property has access to Second Street, a two lane, Cl, Minor Residential Collector Street, which provides for internal neighborhood circulation as well as property access. Thirty feet of the 60 -foot width is paved. There are currently no plans for upgrades. The subject property also has access to Buford Street, a 3 lane (2 lanes with center turn lane) C2, Secondary Collector street, which services low- density residential uses, medium - density residential uses, elementary and middle schools, low intensity business uses or other uses with similar traffic generating characteristics. Forty feet of the 65 -foot width is paved. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2008 Second Street Minor Residential Collector 60ft. ROW, 30 ft. paved NA Buford Street Secondary Collector 65ft. ROW, 40 ft. paved NA Infrastructure Demand: ••• Water: ❖ Wastewater: There is an 8 -inch water main along Second Street, and an 8 -inch line exists approximately 80 feet to the east of the subject property on Buford Street. There is a 6 -inch wastewater line along the back of the property line, no wastewater lines exist along Buford Street. -135- City Council Zoning Report Applicant: Reimco. Inc./First Church of Christ Scientist Case »: 1209 -02 Page 3 of 5 ❖ Stormwater: There is a stormwater connection pipe at the corner of Buford and Second Streets, it appears that a stormwater line is proposed along Buford Street but currently no lines exist on either street. Public Safety: ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D60. Crime statistics show a total of 1,095 crimes reported in 1993, with a reduction of 497 crimes for a total of 598 crimes reported in 2005. The last year for which statistics are available is 2005. ❖ Fire: The closest Fire Station is Station #3, located at 1401 Morgan Road, approximately 3,900 feet from the subject property. Environmental Constraints: ❖ FEMA Flood Zone: Zone C, areas of minimal flooding. ❖ Wetlands: No wetlands exist on the subject property. COMPREHENSIVE PLAN CONSISTENCY: Commercial Policy: Well situated, competitive business areas that are accessible, attractive, and convenient must be encouraged throughout the city in order to provide residents with quality business services and job opportunities. Although most of the city's business districts are growing, some have declined in recent years due to the decentralization or relocation of their businesses, poor location, inadequate auto access and parking, obsolete facilities, unattractive shopping environments, and changes in customer behavior and income. Some of these areas, nonetheless, still have a strong market potential, and if they were renovated or rehabilitated, they could compete effectively with other shopping centers. a. BUSINESS AREAS THAT FEATURE MIXED OFFICE USE AND RETAIL ACTIVITIES SHOULD BE ENCOURAGED. The development of commercial areas that contain mixed office use and retail activities should be encouraged. Location of retail shopping and office areas together can provide opportunities for dual purpose trips and can be mutually supportive. Planned unit development provides a flexible zoning technique for combining these mutually supportive uses. —136— City Council Zoning Report Applicant: Reimco, Inc. /First Church of Christ Scientist Case 4: 1209 -02 Page 4 of 5 Staff Comment: The applicant is proposing to renovate an existing church for professional office use. The church has experienced a decline in use by patrons, and renovation of an existing structure located on a site that is completely surrounded for several blocks by properties that are designated for commercial use by the City's adopted Future Land Use Map would provide contiguity of the surrounding business uses, while providing employment and additional services for the area residents. SOUTH CENTRAL (SUB -AREA C) AREA DEVELOPMENT PLAN CONSISTENCY: Land Use Policy: POLICY STATEMENT B.33 — Planning Area C Redevelopment within the Low- to Mid -Rise Professional Office and Residential areas of Area C should be encouraged as long as the redevelopment does not detract from the residential neighborhood. Much of this area is used for single - family or multi - family residential uses, or for professional offices. Professional office uses are generally compatible with single- and multi- family residential development in this area. Neighborhoods serving commercial uses of low intensity may be considered for the area however, 24 -hour commercial uses, bars or clubs should not be allowed. Staff Comment: The applicant is proposing to rezone the subject property for Professional Office use. Although the Future Land Use map indicates that the subject property is planned for Public/Semi - Public Uses. the surrounding properties are planned for Commercial uses and the proposed Professional Office Space would be of lesser density than the surrounding land uses, and may have less of an impact on existing infrastructure than the planned Public- Semi - Public Use. RELATIONSHIP TO SMART GROWTH PRINCIPLES: The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 49 points out of 100 total possible points. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: ❖ The Area Development Plan refers to the Future Land Use Map in determining the future use of a site. Although the Future Land Use Map assigns a Public /Semi- Public use for the subject property, the intent of the Area Development Plan is to encourage Professional Office uses in the Sub -Area C, as mentioned under the Bayfront and Downtown Land Use Policy listed above. ❖ The rezoning request for Professional Office use is not consistent with the Future Land Use Map assigned "Public /Semi- Public" uses for this site. —137— City Council Zoning Report Applicant: Reimco, Inc. /First Church of Christ Scientist Case #: 1209 -02 Page 5 of 5 •S The applicant is proposing to renovate an existing structure for office use that will provide employment for 10 -15 residents and additional services for the area residents. The use of an existing structure downtown prevents sprawl and benefits the downtown economy. • The adaptive re -use of the church facility to office will need to comply with the (IBC) International Building Code. • The Future Land Use Map assigns Commercial uses for every property surrounding the subject property, in some cases for up to three or four blocks away from the site; for this reason, the request to rezone the property for office use may be more appropriate than the existing use for this location. STAFF RECOMMENDATION: Staff recommends approval of the Applicant's rezoning request for the "AB" Professional Office District. PLANNING COMMISSION RECOMMENDATION: Approval. Number of Notices Mailed Total 23 within 200 ft. notification area; 4 outside notification area Favor - 1 (inside notification area); 0 (outside notification area) Opposition -0 (inside notification area); 0 (outside notification area) As of December 28, 2009 Attachments: 1. Site 2007 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart —138— • • • • a • or Z • • • • • r ai l 7 r is 1 • 1, n • li 1. ti n ■ • • • • • ■ • 1• • f r ' • • 3 • r • • • e. J s RI • COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1209 -02 Name: Reimco, Inc. 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: Returned undeliverable: 23 0 Favor: 1 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 4 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H: \PLN- DIR\SHARED \1. Planning Commission\2009 PC\2009 Public Comments \1209- 02.doc —149— N m m A 0 A m ti T; N 70N �m0t� N 050 N N t7 tl ^man Y OYi 0 M O 0 m Y Y Y Y a Y v v 0 N O Y Y 0 N 0 - N Y 0 N Oor 0 J O Z N < N < Z Y Y X w J N N N 0 m Nrrrr< 000000mo.N.Ommmr00 Q Q a Q a J J J J J J J J J J J J f/I J J J J a ��¢��33333333333333333 z z z z z W W W W W W W W W W W W W W W W W W v2rrr » » » » » » » »» U > } } > > Y > > > } Y Y > Y > Y > Y Y Y > > > m m m m m m m m m m m m m m m m m m m m m m m 0 ° N r o `0 N ' 8. 0 G - C Z yN • X% X X X K %< X X X X X X X X X uV 0 r - rrr -- Ur- r-_rrrrr - rrr- -r - -r- r---- 0 0000) 0(0 0 0 05 0) (0 0 0 0 0 Z z z z z z- mm 0) K z z 00000 1 1111.0 mm 1111 11111 U 0000, 00%0000,00000 O 00000 000)000000050 �1 a 0.0.0.09 aa0aaaa <aaaaa > '0 0000E zz5zzzzvzz0)¢z - 0 00000 00- 0000100000 U 0 UUUUU 0030000000000 0 m 050 m m < a 0 » w Y Y 0 7 m m 00 0 - w Z 0 0 %% 0 0 Z • Z ? rr w w ,,� W WNN ZZZZ Z •Z K m 0 O(0)* DOw(�i = = O CO 1 2XZ 2<<UU 0 0 y z 0 0 0 ,<,( a{ <{-- 0 0 0 0 0 0 S °o D m r r N 0 Y O a m 0.°N 0007= < °m 1 U z LL 330. r= ' 0z c 0 » W 00- 0Q - .0 0 0 N • 1ZwU C <zzW 050 U 00j Y« . 0w W 0 0. Hz z ;°°;27:::: 0 0 0 v v 0 v ((* . � O O O aD r m m m m 0 W n O m m m m n r 78404 BAY VIEW LT 13 THRU 16 BK 1 CORPUS CHRIST TX 0 0 0 1-r r 0500 FEEY xm--r 00 0 000) a a a 000 000 _ 0 y c 0 0 0 0 0. 0 0Y 0 rf Z Z Z Z 3 -1 W 0) °('o °05 w O W 0 111 0 i 7 • O 070 m 0 <UZ «0006 o° 0 O �FW a U U W << 7 7 X% D 0 a n Q o 0 0 v m N W O Ur-a fzN m. a O2 O 00 O OO 0 w00 0mf Nr 000TT7iES 7 °° r 4 r 01--00 w w� 0 0O 0 ¢ ✓ 0 0- 2 m W 1 U U 0 N E 0r4"25 0 0 0 0 O u-00 0 O O T z Y i S S i 7 z z 0 W W z I I a° a 0 0 0 : :_ 0(0. LLD X WZZXZ X) 0 LL S U U 1 z r 0? W W r 0 Z- Y<< 6 7 7 7 U 1- y r r Wz -- 6 mm¢ z- 'f W N N W- 7 a a U< m 0 3 i Z 0) 0 D 0 zOOZ_a¢0°°wii =lw =6�ii�D W r S S r W W m tt1 a< N N W H N U N N¢ a= 30rr0OY0.wwFz <(_ -Z (• - zaLLif1c<ioicwi000c<i EgT,Ac8Wii O YO O 00 0 0 e 00 0 0 0 00 m S e N 0 N Y e 0q� 0 0 oosssSSSS�cSssssSCsSScc N N N N N( 8 g881°mg91111mmg888g11 O 0 LL (.1(0 00 (S 000 (N 0000,000NNN 0 y O O W U 1 SC 0 SMART cT GROWTH COMPARISON: Polices listed below are taken from "Get`ina to Smart Growth 11: 100 More Policies for Implementation ", provided by the Smart Growth Network. ATTACHMENT # 8 Zoning Case:_ #1209 -04 Corpus Christi Housing Authority From:' `A -1" To "B -1" Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 15 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 9 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 2 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 ± uses 3 + uses 3 2 x2 4 2 + uses 1 2. Takes advantage of compact building design. 5 Utilizes reduced setbacks and /or compact development that supports more 1 stores and restaurants within a neighborhood boundary, or creates opportunities Yes 0 x 3 to pursue a range of activities in a small area? No 3 Manages and effectively provides a transition between higher and lower - density Yes I neighborhoods? No 0 x 2 2 3. Creates a range of housing opportunities and choices. 9 Implements a range of housing options with a variety of types and unit sizes Yes 1 within the community? (condos, townhomes, single - family, apartments) No 0 x 3 3 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 • homeowners and individuals to reduce building costs and uses available No 0 3 resources more effectively? 3 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 3 4. Creates walkable neighborhoods. 3 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- Yes 1 0 x 3 distance commutes? No 3 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 development or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes I No 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 6 The building is an existing building that is historic in any way, or provides Yes 1 focus on a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes 1 x 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive Yes 1 destinations and gathering places where residents frequent on the weekends? No 0 x 3 3 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 3 —151— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 3 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 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 x 3 environmental impacts? No 0 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 minimum) to replace trees being removed? No 0 x 3 3 Provides community green open space or includes useable green space for Yes 1 x 3 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. Strengthens and directs development toward existing communities. 21 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 '/2 mile 1 '/2 + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 3 would make the property a productive piece of land? No 0 x 3 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 2 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x 2 0 8. Provides a variety of transportation choices. 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 No 0 x 3 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 x2 Plan? No 0 0 The project is consistent with the Area Development Plan? Yes 1 No 0 x2 0 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 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x3 provide onsite retention? No 0 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes No 1 0 x 3 3 Point Grading System: Smart Growth Rating Total Points 77 0 -20 pts = * 21 -39 pts.= * * 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * * -152- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, December 9, 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 John Taylor Mark Adame Govind Nadkarni STAFF: Johnny Perales, P.E., Assistant City Manager, Development Services Faryce Goode Macon, Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, City Planner Deborah Brown, Legal Counsel Debbie Goldston, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion for approval of the minutes from the November 11, 2009, regular Planning Commission meeting was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS III. B. ZONING b. Case No. 1209 -02 Reimco, Inc. — A change of zoning from the "A-1" Apartment House District to the "AB" Professional Office District resulting in a change of land use from apartment house uses to professional office uses. Bay View, Block 1, Lots 13 through 16, generally located south of Buford Street, on the corner of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3rd Street. Lisa Wargo presented a Power Point presentation. The applicant, Reimco, Inc. requested a change in zoning from the "A -1" Apartment House District to the "AB" Professional Office District to renovate an existing 6,964 square foot church for professional office use for a single occupant. It was stated that the existing use for the subject property is a First Church of Christ, Scientist church. Ms. Wargo stated that the subject property was currently zoned "A -1" Apartment House District and the Applicant requested a change in zoning to the "AB" Professional Office District to renovate the church to office space use. Ms. Wargo stated that although the Future Land Use Map assigns a Public /Semi - Public use for the subject property, the intent of the Area Development Plan is to encourage Professional Office uses in the Sub -Area C, as mentioned under the Bayfront and Downtown Land Use Policy although the rejz 1 g request for Professional Office use Planning Commission Minutes December 9, 2009 Page 2 was not consistent with the Future Land Use Map assigned "Public /Semi- Public" uses for this site, proposed use would provide employment for 10 -15 residents and additional services for the area residents; the use of an existing structure downtown prevents sprawl and benefits the downtown economy; and since the Future Land Use Map assigns Commercial uses for every property surrounding the subject property, in some cases for up to three or four blocks away from the site, for this reason, the request to rezone the property for office use may be more appropriate than the existing use for this location. Staff recommended approval of the Applicant's rezoning request for the "AB" Professional Office District. Forty-three (43) notices were sent out within the 200 ft. property radius with one notice returned in favor and zero notices returned in opposition. Public hearing was opened. In favor: 1. George Clower, 415 Starr, Corpus Christi, Texas. Mr. Clower came forward and stated that he is in favor of staffs recommendation. No one came forward in opposition. Public hearing was closed. Motion to approve staff recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously. -154— Page 1 C ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY REIMCO, INC., ON BEHALF OF FIRST CHURCH OF CHRIST, SCIENTIST BY CHANGING THE ZONING MAP IN REFERENCE TO BAY VIEW, BLOCK 1, LOTS 13 THROUGH 16, FROM "A -1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE 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 Reimco, Inc., 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, December 9, 2009, during a meeting of the Planning Commission, and on Tuesday, January 19, 2010, 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 Bay View, Block 1, Lots 13 through 16, located south of Buford Street, on the corner of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3rd Street, from "A -1" Apartment House District to "AB" Professional Office District. (Zoning Map 045043) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \1 -19 -10 \CASE NO. 1209 -02 REIMCO, INC \1209 -02 Reimco Inc Request PC & Staff.doc —155— Page 2 of 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: f 'Nip eborah. Walther B Assistant City Attorney For City Attorney H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \1 -19 -10 \CASE NO. 1209 -02 REIMCO, INC11209 -02 Reimco Inc Request PC & Staff.doc —156— Page 3 G" Corpus Christi, Texas day of , 2010 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\2010 Agenda \1 -19 -10 \CASE NO. 1209 -02 REIMCO, INC 11209 -02 Reimco Inc Request PC & Staff.doc rr 6 10 7 B YVJ G SCOCK HAY FRON CRAIG ST B Aaa;eC5) :SA aereo* e:-rSer.,cos CASE # 1209 -02 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: A -1 To: AB ORDINANCE: 12 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 19, 2010) Case No. 1209 -03, BL Real Estate Holding Company LP: A change of zoning from the "B -1" Neighborhood Business District to the "B -3" Business District resulting in a change of land use from Vacant Land to Open Air Pavilion with Events described below: Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive. Planning Commission's Recommendation (December 9 2009) Approval of the applicant's request for change in zoning from the "B -1" Neighborhood Business District to the "B -3" Business District. Staff's Recommendation (December 9, 2009) Denial of the "B -3" Business District in lieu of a Special Permit for an open -air pavilion/events center with eight conditions and subject to an approved site plan. Requested Council Action: Approval of Planning Commission's Recommendation. Summary: Planning Commission's Recommendation December 9. 2009: Approval of Applicant's request for a change in zoning from the `B -1" Neighborhood Business District to the "B -3" Business District to construct a 7,474 square foot, open -air pavilion with events. Additionally, a parking area consisting of 41 parking spaces is planned for the existing `B -1" Neighborhood Business District area. Staff's Recommendation December 9, 2009: Denial of the `B -3" Business District in lieu of a Special Permit for an open -air pavilion/events center with the following conditions and subject to an approved site plan: 1. USE: The only use authorized by this Special Permit other than the basic `B -1" Neighborhood Business District uses in the Tyler Subdivision, Block 1, Lots 2, 12, 13, & 14, is an accessory event center /open -air pavilion. A warming kitchen and outdoor food preparation by vendors are acceptable. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11:00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed open -air pavilion is adjacent to residential uses along the north and west property lines. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be setback a minimum of 20 feet from the adjacent street rights -of -way. 5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. -161- Agenda Memo Case No. 1209 -03, BL Real Estate Holding Co., LP Page 2 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within two years from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. STAFF SUMMARY: Request: The owner is requesting a change in zoning from the `B -1" Neighborhood Business District to the `B -3" Business District to construct a 7,474 square foot, open -air pavilion with events. Additionally, a parking area consisting of 41 parking spaces is planned for the existing "B -1" Neighborhood Business District area. Background: In February of 2005, the applicant requested a change in zoning for a portion of the subject lots (Lots 2 & 12) from: what was then the "R -1C" One - family Dwelling District to the `B -2" Bayfront Business District. The `B -2" Bayfront Business Distinct rezoning request was denied in lieu of an approval for a Special Permit for the event center with eight (8) conditions, and the Special Permit was later voided since the event center was never constructed within the time limits set by the conditions of the Special Permit. The applicant was notified of the need to vacate a waterline easement that ran through the lots or avoid construction over the easement at the time the Special Permit was granted. In April of 2007, the applicant requested change of zoning for all the subject lots, from the "R -1C" One - family Dwelling District to the "B -1" Neighborhood Business District for additional parking. The applicant's request for the `B -1" Neighborhood Business District change in zoning was approved. On December 9, 2009, the Planning Commission recommended approval of the Applicant's request for a change in zoning from the `B -1" Neighborhood Business District to the "B -3" Business District for the construction of an open -air pavilion with events. The issue of the existing waterline easement was once again approached and the applicant stated that they would either avoid the easement during the construction of the project and/or vacate the easement. Existing Land Uses: The subject lots are currently vacant. Existing Zoning: The subject property is zoned "B -1" Neighborhood Business District which provides for single- family, duplex, and multiple family uses, in addition to office, professional services, custom dress making and tailoring, and 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 the property is located adjacent to a residential district; in which case a ten (10) foot setback is required. The `B -1" Neighborhood Business 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. H:\PLN- DIRISHARED \I. Planning Commission \ 2010 PC 2010 City Councirl4o&\2r2010 \1209 -03 Agenda Memo BL Real Estate Holding Co. LP.doc Agenda Memo Case No. 1209 -03. BL Real Estate Holding Co., LP Page 3 Proposed Zoning: The applicant is requesting a change in zoning to the "B -3" Business District. The purpose of the "B -3" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, including boat & vehicle storage, ball fields, mini - storage, bowling alleys & billiard halls, promotional events, taverns, bars, lounges, major & minor auto repair, car washes, service stations, restaurants, offices, shopping centers, hospitals, and retail uses. Dwellings, boarding and lodging house uses are prohibited in this district. The `B -3" District requires a front yard setback of twenty (20) feet and no side or rear yard setbacks unless the property is located adjacent to a residential district, in which case a (10) foot side and rear yard setback would be required. There are no building height or floor area ratio limitations in the `B -3" Business District. Transportation and Circulation: The subject property has access to Claudia Drive, Wyndale Drive, and Laguna Shores Road. Claudia Drive is a 2 -lane, CI Minor Residential Street, with 50 feet of right -of- way, of which 15 feet is currently paved. Wyndale Drive is a 2 -lane, C1 Minor Residential Street, with 60 feet of right -of -way, of which 15 feet is currently paved. The Minor Residential Collector is the lowest order collector and provides for internal neighborhood circulation as well as property access. Laguna Shores Road is a CI Minor Residential Street and a proposed Parkway, currently consisting of 65 feet of right -of -way, of which 15 feet is currently paved in this area. Parkways take advantage of natural or manmade scenic views, and will have hike and bike trails on the "scenic" side of the street. Infrastructure Demand: • Water: There is a 6 -inch water main that runs through the subject lots. • Wastewater: There is an 8 -inch wastewater line that parallels Claudia Drive and along the front of the subject lots. ❖ Stormwater: No stormwater line is present for this site. • Gas: Gas is available to the site. Public Safety: Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics show a total of 1,261 crimes reported in 1993, decreasing to 839 crimes reported in 2005. The last year for which statistics are available is 2005. ❖ Fire: The closest Fire Station is Station # 13, located at 1801 Waldron Road, located approximately 4 miles from the subject property. The closest fire hydrant to the subject lots is located on Laguna Shores Road, approximately 460 feet measured from the furthest spot on the subject lots. Environmental Constraints: FEMA Flood Zone: Zone A, areas of a 1- percent annual chance of flooding, and out of the COBRA area. • Wetlands: No wetlands exist on the subject lots. ❖ Soils: (Gm) Galveston and Mustang fine sands. These soils consist of rapidly permeable wind- blown fine sands over moist or saturated, poorly drained fine sand, underlain by clayey material. Typically the water table fluctuates between 3 and 6 feet below the surface. H-\PLN- DIR\SHARED \s. Planning Commission\ 2010 PC12010 City C tiStaoMUan. 2010 \1209 -03 Agenda Memo BL Real Estate Holding Co. LP.doc Agenda Memo Case No. 1209 -03, BL Real Estate Holding Co., LP Page 4 Notification: Of the twenty -four inside the 200 ft. radius and 6 outside 200 ft. radius notices mailed to the surrounding property owners, nine notices were returned in favor by the applicant/owner and zero were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. \ kat& 6;'ttli Juan Perales, Jf., P.E. Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361-826-3828 FGM /dlg Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner Al H:\PLN -DIR \SHARED \l. Planning Commission \2010 PC\2010 Ciry C+u6i4. rts\Jan 2010\1209 -03 Agenda Memo BL Real Estate Holding Co- LP.doc CITY COUNCIL ZONING REPORT Case No.: 1209 -03 City Council Hearing Date: January 19, 2010 Applicant & Legal Description Applicant: BL Real Estate Holding Company, LP Owner: Same Representative: James Gourley /Gourley Contracting Address: 4117, 4121, 4125 Claudia Drive, and 4122 Wyndale Drive, Corpus Christi, TX 78418 Legal Description/Location: Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive. Zoning Request From: "B -1" Neighborhood Business District To: `B -3" Business District Area: .74 acres Purpose of Request: For the construction of an open -air pavilion with events. . Zoning Existing Land Use Future Land Use Site `B -1" Neighborhood Business District Vacant Commercial North "R -1C" One - Family Dwelling District Low Density Residential Low Density Residential East "B -1" Neighborhood Business District, "B -2" Bayfront Business District. Commercial Commercial South "B -1 " Neighborhood Business District Commercial Commercial West "R -1C" One - Family Dwelling District Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject lots are located in the Flour Bluff Area Development Plan and are planned for commercial uses. The proposed change in zoning to a "B -3" Business District is consistent with the adopted Future Land Use Map which designates the area for commercial uses. Map No.: 036026 Zoning Violations: 2004 VL (Vacant Lot) violation. STAFF SUMMARY: Request: The owner is requesting a change in zoning from the "B -1" Neighborhood Business District to the "B -3" Business District to construct a 7,474 square foot, open -air pavilion with events. Additionally, a parking area consisting of 41 parking spaces is planned for the existing "B -1" Neighborhood Business District area. -165- City Council Zoning Report Applicant: BL Real Estate Holding Co., LP Page 2 of 7 Case #: 1209 -03 Background: In February of 2005, the applicant requested a change in zoning for a portion of the subject lots (Lots 2 & 12) from: what was then the "R -1C" One - family Dwelling District to the "B -2" Bayfront Business District. The `B -2" Bayfront Business Distinct rezoning request was denied in lieu of an approval for a Special Permit for the event center with eight (8) conditions, and the Special Permit was later voided since the event center was never constructed within the time limits set by the conditions of the Special Permit. The applicant was notified of the need to vacate a waterline easement that ran through the lots or avoid construction over the easement at the time the Special Permit was granted. In April of 2007, the applicant requested change of zoning for all the subject lots, from the "R -1C" One - family Dwelling District to the "B -1" Neighborhood Business District for additional parking. The applicant's request for the `B -1" Neighborhood Business District change in zoning was approved. On December 9, 2009, the Planning Commission recommended approval of the Applicant's request for a change in zoning from the `B -1" Neighborhood Business District to the `B -3" Business District for the construction of an open -air pavilion with events. The issue of the existing waterline easement was once again approached and the applicant stated that they would either avoid the easement during the construction of the project and/or vacate the easement. Existing Land Uses: The subject lots are currently vacant. Existing Zoning: The subject property is zoned `B -1" Neighborhood Business District which provides for single - family, duplex, and multiple family uses, in addition to office, professional services, custom dress making and tailoring, and 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 the property is located adjacent to a residential district; in which case a ten (10) foot setback is required. The "B -1" Neighborhood Business 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. Proposed Zoning: The applicant is requesting a change in zoning to the `B -3" Business District. The purpose of the `B -3" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, including boat & vehicle storage, ball fields, mini - storage, bowling alleys & billiard halls, promotional events, taverns, bars, lounges, major & minor auto repair, car washes, service stations, restaurants, offices, shopping centers, hospitals, and retail uses. Dwellings, boarding and lodging house uses are prohibited in this district. The `B -3" District requires a front yard setback of twenty (20) feet and no side or rear yard setbacks unless the property is located adjacent to a residential district, in which case a (10) foot side and rear yard setback would be required. There are no building height or floor area ratio limitations in the `B -3" Business District. —166— City Council Zoning Report Applicant: BL Real Estate Holding Co., LP Page 3 of 7 Case #: 1209 -03 Transportation and Circulation: The subject property has access to Claudia Drive, Wyndale Drive, and Laguna Shores Road. Claudia Drive is a 2 -lane, Cl Minor Residential Street, with 50 feet of right -of -way, of which 15 feet is currently paved. Wyndale Drive is a 2 -lane, C 1 Minor Residential Street, with 60 feet of right -of -way, of which 15 feet is currently paved. The Minor Residential Collector is the lowest order collector and provides for internal neighborhood circulation as well as property access. Laguna Shores Road is a C 1 Minor Residential Street and a proposed Parkway, currently consisting of 65 feet of right -of -way, of which 15 feet is currently paved in this area. Parkways take advantage of natural or manmade scenic views, and will have hike and bike trails on the "scenic" side of the street. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2008 Claudia Drive C l Minor Residential 60 ft./ 40 ft. paved 50 ft. ROW, 15 ft. paved NA Wyndale Drive Cl Minor Residential 60 ft. /40 ft. paved 60 ft. ROW, 15 ft. paved NA Laguna Shores Road Existing C 1 Minor Residential, Proposed Parkway 65 ft. ROW, 15 ft. paved NA Infrastructure Demand: • Water: There is a 6 -inch water main that runs through the subject lots. • Wastewater: There is an 8 -inch wastewater line that parallels Claudia Drive and along the front of the subject lots. ❖ Stormwater: No stormwater line is present for this site. ❖ Gas: Gas is available to the site. Public Safety: • Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics show a total of 1,261 crimes reported in 1993, decreasing to 839 crimes reported in 2005. The last year for which statistics are available is 2005. • Fire: The closest Fire Station is Station # 13, located at 1801 Waldron Road, located approximately 4 miles from the subject property. The closest fire hydrant to the subject lots is located on Laguna Shores Road, approximately 460 feet measured from the furthest spot on the subject lots. —167— City Council Zoning, Report Applicant: BL Real Estate Holding Co., LP Page 4 of 7 Case #: 1209 -03 Environmental Constraints: • FEMA Flood Zone: Zone A, areas of a 1- percent annual chance of flooding, and out of the COBRA area. • Wetlands: No wetlands exist on the subject lots. • Soils: (Gm) Galveston and Mustang fine sands. These soils consist of rapidly permeable wind -blown fine sands over moist or saturated, poorly drained fine sand, underlain by clayey material. Typically the water table fluctuates between 3 and 6 feet below the surface. COMPREHENSIVE PLAN CONSISTENCY: 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 Future Land Use Map designates commercial uses for the subject lots. Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: A screening fence or wall is required by the City's Zoning Ordinance to buffer the use from the neighboring single-family developments to the west and north of the subject lots. —168— City Council Zoning Report Applicant: BL Real Estate Holding Co., LP Page 5 of 7 Case #: 1209 -03 FLOUR BLUFF AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: Land Use Policy Statement B.2 In Table 1, Future Land Use Suitability, the most suitable land use column indicates those land uses least likely to cause negative impacts to the surrounding area and which are thought to most directly benefit the public health, safety and welfare of the community. Uses described as "also acceptable" might be permissible but they are likely to be negatively impacted by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - residential uses should be directed away from residential areas. b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect. c. Placing low intensity activities next to single family uses. d. Because non - residential areas are considered most suitable next to higher level roads, "also permitted" uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the highway. Staff Comment: Staff is concerned that the proposed use may include loud musical events or large gatherings that may impact the neighboring residential uses; Staff recommends that the applicant propose reasonable operating hours for the use of the site so as not to disturb the neighboring residential communities, and the shielding of any light fixtures proposed in the construction of the structure. Staff also recommends the continuation of the wall constructed under the previous Special Permit to be extended along the perimeter of the lots that fall adjacent to residentially zoned properties. RELATIONSHIP TO SMART GROWTH PRINCIPLES: The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 57 points out of 100 points. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: • The Commercial uses permitted in the B -1, B -3, and B -4 zoning districts can be considered on the subject lots, since the Future Land Use Map designates a commercial use for those properties. However all the uses permitted in these districts may not be appropriate for the neighboring residential properties and the proposed use may include loud musical events or large gatherings that may impact the neighboring residential uses. —169— City Council Zoning Report Applicant: BL Real Estate Holding Co., LP Page 6 of 7 Case #: 1209 -03 ❖ A Special Permit with eight (8) conditions for the open -air pavilion with events on the subject lots was recommended by Staff and the Planning Commission and approved by the City Council in 2005. ❖ The applicant has been reminded by Development Services Staff of the onsite waterline easement that must be either vacated or avoided in the construction of the project. PLANNING COMMISSION RECOMMENDATION Approval of the applicant' request for change in zoning from the `B -1" Neighborhood Business District to the `B -3" Business District. STAFF RECOMMENDATION: Denial of the `B -3" Business District in lieu of a Special Permit for an open -air pavilion/events center with the following conditions and subject to an approved site plan: 1. USE: The only use authorized by this Special Permit other than the basic `B -1" Neighborhood Business District uses in the Tyler Subdivision, Block 1, Lots 2, 12, 13, & 14, is an accessory event center /open -air pavilion. A warming kitchen and outdoor food preparation by vendors are acceptable. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11:00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed open -air pavilion is adjacent to residential uses along the north and west property lines. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be setback a minimum of 20 feet from the adjacent street rights -of- way. 5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. —170— City Council Zoning Report Applicant: BL Real Estate Holding Co.. LP Page 7 of 7 Case #: 1209 -03 7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within two years from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. E E a Number of Notices Mailed Favor Opposition 0% As of January 4, 2009 Total 24 within 200 ft. notification area; 6 outside notification area - 9 (inside notification area by property owner); 0 (outside notification area) -0 (inside notification area); 0 (outside notification area) Attachments: 1. Site 2007 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart —171— • • ■ • Y • d • 5. mom LI L 7 ' • W • • • • • • • 11 • 71 �i • • . Lt.% . ■■ iLl ■■ • •1 • • SI._ • • r ° n 11 • MMI • • • ■ ■ it ■ • • • • - • L r • • • L • n Y • n Ii ■ • Y • • n • n n •R • ■ ■ Yi - ■ NI •I • • • L._ • n • e • • • F • • • . J ■ °:':' • _I COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1209 -03 Name: BL Real Estate Holding Company LP I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 24 0 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 6 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\2009 Public Comments \1209- 03.doc —183— '61 ig m m m m m z O °3.8.' w,Am =mmm N -10_m OW ~ W Oa DDvmX zZAQyx y m � a:m 0 Rt(0_ /1 I (A/1N mm ° mA i1 b* *o * Z K mm m m oZ T m 0 NOZ if A m '11 n n A o y V m "All N-NI N -01 -4 N ..Nmro(0m mm .. >i* >,_r_r_o1_ NN ZED 100080 oee mmc mmmm m _0 m < mzza o D 0 z m O1 < 2 1 A(0 m m m m DD>> nonm-lon000sooN >D>nnnonnn CCCC 0000I00000xOO>0cN000 >000 N 0 0 0 m A A A A A A A A A= A A A A A Z A m A -1 H HH 2.2nM2229a' V 2i'222-gc- �9 V Z Z Z Z C C C D m C C C C C C C Z Z Z Z C C C Z C 0 C 0 0 0 A 0 0 0 0 0 O N -4 0 0 0~ 0 0 0 nnn��nenen nnO nnn0enn xxxzmxxxxx Ix?, xxxzxxx ;;;P;;;;; A A ;;;TA 00 H 4 H_H� H- 11H- iHH- 1H�HH�H H-1 H-1 H ' X X X X X X X X X X X X X X X X X X X X X X X X k% X D m mm A ma6� (0(0.08(0 W m m W a m m � � �� V C w u w 1n m► N N � m � n D R1 SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to ATTACHMENT it 8 Smart Growth II: I00 More Policies for Implementation ", provided by the Smart Growth Network. Zoning Case: _41209-03 BL Real Estate Holding Co., LP From: "B -1" To "B -3" Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 7 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 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office. commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 4 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and /or compact development that supports more 1 stores and restaurants within a neighborhood boundary, or creates opportunities Yes 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 I neighborhoods? No 0 x 2 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 within the community? (condos, townhomes, single - family, apartments) No 0 x 3 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 homeowners and individuals to reduce building costs and uses available No 0 x' resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes I range in pricing available for varying income levels for sale or lease? I No 0 x 3 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- Yes 1 x 3 distance commutes? 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 development or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 8 The building is an existing building that is historic in any way, or provides Yes 1 focus on a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes 1 x 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 2 Promotes shopping and makes retail centers distinctive and attractive Yes 1 destinations and gathering places where residents frequent on the weekends? No 0 x 3 3 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 3 Does the project remove blight from its neighborhood? Yes 1 No 0 x 3 0 —185— 6. Preserves open space. farmland, natural beauty, and critical environmental areas. 6 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 areas; utilizes land management techniques, to decrease the amount of pollution No 0 enterin• the water system and .reserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 x3 environmental im.acts? No 0 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 x3 minimum) to re.lace trees bein removed? No 0 3 Provides community green open space or includes useable green space for Yes 1 x 3 outdoor recreation and .reserves views of scenic, historic or cultural areas? No 0 3 Does it avoid the acquisition and change in use of operating farms or prime farmland? Yes No 1 0 x 2 0 7. Stren . then and directs develo i ment toward existin• communities. 17 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 1/2 mile 1 '/2 +miles 0 12 Is the availability of existing public services, such as police, fire, schools and health, sufficient to serve the project? Yes No 1 x 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 2 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 historically declining school enrollment? 0 8. Provides a varie of trans . ortation choices. _- 9 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, bikin_, walkin_)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) (1,500 ft) Yes No 1 0 x 3 3 9. Makes develo I ment decisions . redictable, fair and cost effective. 10 The project is consistent with the Future Land Use Map and Comprehensive Plan? Yes No 1 0 x 2 The project is consistent with the Area Development Plan? Yes 1 x 2 No 0 2 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 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x 3 .rovide onsite retention? No 0 0 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high unem.lo ment or chronic .ove ? No 0 x 3 3 Point Grading System: Smart Growth Ratin: Total Points • ��_1_�� 57 _._��. 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = *'R' 80 -100 p -186- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, December 9, 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 John Taylor Mark Adame Govind Nadkarni STAFF: Johnny Perales, P.E., Assistant City Manager, Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, City Planner Deborah Brown, Legal Counsel Debbie Goldston, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion for approval of the minutes from the November 11, 2009, regular Planning Commission meeting was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS c. Case No. 1209 -03 BL Real Estate Holding Company, LP - A change of zoning from the "B -1" Neighborhood Business District to the "B -3" Business District resulting in a change of land use from Vacant Land to Open Air Pavilion with Events. Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive. Lisa Wargo presented a Power Point presentation. The owner is requesting a change in zoning from the `B -1" Neighborhood Business District to the "B -3" Business District to construct a 7,474 square foot, open -air pavilion with events. Additionally, a parking area consisting of 41 parking spaces is planned for the existing "B -1" Neighborhood Business District area. Ms. Wargo stated that "the Commercial uses permitted in the B -1, B -3, and B -4 zoning districts can be considered on the subject lots, since the Future Land Use Map designates a commercial use for those properties. However all the uses permitted in these districts may not be appropriate for the neighboring residential properties and the proposed use may include loud musical events or large gatherings that may impact the neighboring residential uses. A Special Permit with eight (8) conditions for the open -air pavilion with events on the subject lots was recommended by Staff and the Planning Commission and approved by the City Council in 2005. The applicant has been reminded by Development Services Staff of the onsite waterline easement that must be either vacated or avoided in the construction of the project -187- Planning Commission Minutes December 9, 2009 Page 2 Ms. Wargo stated that "Staff recommends denial of the "B -3" Business District in lieu of a Special Permit for an open -air pavilion/events center with the following conditions and subject to an approved site plan: 1. USE: The only use authorized by the Special Permit other than the basic "B -1" Neighborhood Business District uses in the Tyler Subdivision, Block 1, Lots 2, 12, 13, & 14, is an accessory event center /open -air pavilion. A warming kitchen and outdoor food preparation by vendors are acceptable. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11:00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed open -air pavilion is adjacent to residential uses along the north and west property lines. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be setback a minimum of 20 feet from the adjacent street rights -of -way. 5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within two years from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations." Public hearing was opened. In favor: 1. Chip Urban, Urban Engineering (applicant's representative), 2725 Swantner, Corpus Christi, Texas. Mr. Urban stated that he feels that the request already fits with the `B -3" zoning plan and that no special permit would be required. -188- Planning Commission Minutes December 9, 2009 Page 3 Vice Chairman Huerta stated that there may be a special permit needed since the business may want to have a bar on premises. Faryce Goode Macon stated that regarding the site plan, Staff has some recommendations that could be addressed with the special permit. Commissioner Nadkarni agreed that a special permit is needed in this case. 2. Kathy Akin, BL Real Estate Holding Co., 5716 Hwy. 290W, Suite 200, Austin, Texas. Ms. Akin presented a Power Point presentation which illustrated photos of the subject area which was very run -down and dilapidated before any improvements were made and then improved after many improvements have been made. Ms. Akin then stated that the open air pavilion will be used for corporate meetings, family reunions, and also for community uses. There will also be a full service marina at the location. There is a hotel at the location which is also owned by the applicant. 3. Carolyn Moon, 4902 Galvin, Corpus Christi, Texas. Ms. Moon stated that she has been to the location and is in favor of the project. 4. James Gourley, 217 Amistad St., Corpus Christi, Texas. Mr. Gourley wished to reiterate what has been stated in the presentation thus far and that a concrete wall along the property is not feasible due to the cost of construction of a wall (estimated at $90,000) and it would also block the view of the Corpus Christi Bay from homes surrounding the property. He also stated he has dealt with sound situations before when he was the general contractor for Concrete Street. He then stated that a concrete wall would not remedy any sound situation at the functions that would be taking place on the property. Mr. Gourley said that the venue compliments the area and there should not be any loud noise coming from the pavilion. The pavilion will be in use mainly for fishing tournaments, family reunions, and community use. Mr. Gourley asked that the requirement for a concrete wall be waived in order to ensure additional parking will be available. Ms. Goode Macon said that requirements for landscape screening uses in special permits has been accomplished in the past at several locations such as Taylor Brothers location on Alameda, Eddie Yaklin car dealership location at Weber Rd. and SPID, HEB grocery store located on Roberts, and a Cricket store located where a Starbucks was once open located on Weber Rd. and SPID also. No one came forth in opposition. Public hearing was closed. Motion to approve `B3" zoning was made by Commissioner Tamez and seconded by Commissioner Taylor. Chairman Garza stated that he does not believe a special permit is required in this motion. Motion passed unanimously. -189-- Page 1 of ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BL REAL ESTATE HOLDING COMPANY LP, BY CHANGING THE ZONING MAP IN REFERENCE TO TYLER SUBDIVISION BLOCK 1, LOTS 2, 12, 13, AND 14, FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -3" 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 BL Real Estate Holding Company LP, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 2009, during a meeting of the Planning Commission, and on Tuesday, January 19, 2010, 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 of Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive, from "B -1" Neighborhood Business District to "B -3" Business District. (Zoning Map 036026) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H: LEG - DIR\Shared\LEGAL- DEV.SVCS\2010 Agenda\1- 19- 10\CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Request & PC.Doc —190— Page 2OT3 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi eborah Walther Bro Assistant City Attorn For City Attorney H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS12010 Agenda \1 -19 -10 \CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Request & PC.Doc —1 91 — Page 3 of 3 Corpus Christi, Texas day of , 2010 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\2010 Agenda \1 -19-10 1CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Request & PC.Doc —192— EfJ. R 8 S H: • 1 / 18 9 17 L046B -UFF &E 441 4111111N„ S ,o S � 10 "At � Rf 124 4,4� ♦ f 0 rip' 4 16A UBJECT ROPERTY 39 I =3 0 400 LOUR BLUFF & ENC R =IB 00 ,rem: ec 9y^ Sr�rZ Feet :ext.= :a Der e'on: ei; t.,rr;ces CASE # 1209-03 PLANNING COMMISSION RECOMMENDATION EXHIBIT A From: B -1 To: B -3 ORDINANCE: SUBJECT PROPERTY 'LOCATION 1VIAPk,,y -1g c.yof Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BL REAL ESTATE HOLDING COMPANY LP, BY CHANGING THE ZONING MAP IN REFERENCE TO TYLER SUBDIVISION, BLOCK 1, LOTS 2, 12, 13, AND 14, FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -3 /SP" BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW OPEN -AIR PAVILION WITH EVENTS AND PARKING AREA, SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of BL Real Estate Holding Company LP, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 2009, during a meeting of the Planning Commission, and on Tuesday, January 19, 2010, 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 Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive, from "B -1 "Neighborhood Business District to "B -3 /SP" Business District with a Special Permit to allow change of land use from vacant land to open -air pavilion with events and parking area, subject to a site plan, attached, and eight (8) conditions. (Zoning Map 036026) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "B -1" Neighborhood Business District uses in the Tyler Subdivision, Block 1, Lots 2, 12, 13, & 14, is an accessory event center /open -air pavilion. A warming kitchen and outdoor food preparation by vendors are acceptable. H:\LEG- DIR\Shared \LEGAL- DEV.SVCS\2010 Agenda \1 -19 -10 1CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Staff Recommended W- SP.Doc _1 94— Page 2 of 4 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 a.m. until 10:00 p.m. on Sunday through Thursday and 6:00 a.m. until 11:00 p.m. on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking set back along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed open -air pavilion is adjacent to residential uses along the north and west property lines. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be setback a minimum of 20 feet from the adjacent street rights -of -way. 5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot truck height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within two years from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG- DIR\Shared\LEGAL- DEV.SVCS12010 Agenda \1 -19 -10 \CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Staff Recommended W- SP.Doc —195— Page 3 of 4 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 orah Walth - r :row. ssistant City Attorney For City Attorney H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2010 Agenda\1-19-10 \CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Staff Recommended W- SP.Doc -196- Page 4 of 4 Corpus Christi, Texas day of , 2010 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\2010 Agenda \1 -19-10 \CASE NO. 1209 -03 BL REAL ESTATE HOLDING CO. LP \1209 -03 BL Real Estate Holding Staff Recommended W- SP.Doc —197— R -1B LOUR BLUFF & ENC 7:1:7,241V P'epa ee 5y: °S ooF'eet - ZNA?.'rr: d'.: x✓ev t'opei: B.'.:3 i rms CASE #1209-03 STAFF RECOMMENDATION EXHIBIT A From: B -1 To: B -1 with Special Permit ORDINANCE: 1 OQ LiJ LLI 0 _1 LOT I I LOT 3 140' UNS X 8' CliU BU:ICK WILL LOT 12 BLOCK 1 LOT 2 BLOCK 1 14LOT 1i • BLOCK 1 1 - EXISTING PARKING TRACT B • I LOT 14 BLOCK 1 ; I LAGU* SHORES ROAD 60 30 0 LJ LLJ _J 0 z LOT AREA SUMWRY: LOT 2, BLOCK 1 0.261 AC. LOT 12, BLOCK 1 0.138 AC. LOT 13, BLOCK 1 0.174 AC, LOT 14. BLOCK 1 0.174 AC6 TON. AREA 0.747 AC. 606Niginnows90 2009 by Urban Engineering EXHIBIT TO ACCOMPANY ZONING APPLICATION LOTS 2 & 12-14, BLOCK 1 TYLER SUBDIVISION ____ENGINEERING CORPUS aeon. 7100184.) PIN5r• Y(.11: SIS UM MO DATE: 11- ' 13 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 19, 2010) Case No. 1209 -04, Corpus Christi Housing Authority (La Armada site): A change of zoning from the "A -1" Apartment House District to the "B-1"Neighborhood Business District resulting in a change of land use from Multi- Family Residential use to Neighborhood Business use on the property described below: Tract I: 9.089 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,360 feet northeast of Horne Road. Tract II: 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,482 feet north of Horne Road. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the `B -1" Neighborhood Business District for Tract I and Tract II. Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: Request: The City of Corpus Christi Housing Authority is requesting a change in zoning from the "A -1" Apartment House District on both tracts to the "B -1" Neighborhood Business District for the construction of business /restaurant mixed uses along South Port Avenue, and for retail /residential mixed -uses along Ayers Street. The two tract areas consist of 19.505 acres total. Area Rezoning Background: The applicant has provided a "Land Use Statement" and "Statement of Ownership" detailing the background history of the subject properties and the past and present financial commitments. These two documents are attached as Attachments 9 and 10. Existing Land Uses: The subject lots are currently being used for multiple - family residential dwelling uses, several of the units along South Port Avenue and Ayers Street will be demolished for commercial uses. Existing Zoning: The subject lots are zoned "A -1" Apartment House District. The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple - family residences and is usable for construction of garden -type apartments in appropriate locations, or for the conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. The "A -1" District requires a 20 -foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum of 30 feet. Proposed Zoning: The `B -1" Neighborhood Business District provides for single- family and multiple family uses, in addition to office, professional service, custom dress making, tailoring, and 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 the property is located adjacent to a residential district; in which case a ten (10) foot 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. -203- Agenda Memo Case No. 1209 -04 (Corpus Christi Housing Authority — La Armada site) Page 2 Transportation and Circulation: The subject property has access to South Port Avenue and Ayers Street. South Port Avenue is a 4 -lane (with median/center turn lane), A2, Secondary Arterial Street, capable of handling 26,500 trips per day. The Secondary Arterial Street connects and augments the primary arterial system and provides citywide traffic mobility, but functions at a lower level and places more emphasis on land access then the Primary Arterial. Ayers Street is a 5 -lane (with continuous left turn lane), Al Minor Arterial Undivided Street, capable of handling 24,000 trips per day. The Minor Arterial Undivided Street provides for citywide and inter - neighborhood traffic mobility, but functions at a lower level then the Secondary Arterial. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Infrastructure Demand: ❖ Water: There is a 6 -inch and 8 -inch water main along South Port Avenue, a 6 -inch line along Ayers Street, and 4, 6, and 8 -inch lines exist within the interior of the subject lots and neighboring property. ❖ Wastewater: There is an 18 -inch wastewater line along South Port Avenue, and a 16 -inch line along Ayers Street. ❖ Stormwater: The City's GIS system shows no stormwater lines present for either of the subject lots. An alternate GIS system shows stormwater lines along Ayers Street, South Port Avenue, and partially within the interior of the Ayers Street subject lot. ❖ Gas: Gas is available to the site. Public Safety: + Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D80. Crime statistics show a total of 917 crimes reported in 1993, decreasing to 757 crimes reported in 2005. The last year for which statistics are available is 2005. ❖ Fire: The closest Fire Station is Station #10, located at 1550 Horne Road, approximately 6,800 feet from the subject property. Environmental Constraints: ❖ FEMA Flood Zone: Information pertaining to the Flood Zone classification for this area was not discernable on the FEMA maps available. ❖ Wetlands: No wetlands exist on the subject lots. H:\PLN -DIR \SHARED \1. Planning Commission\2010 PC\2010 City Cowoc2i F4 n. 2010 \1209 -04 Agenda Memo Corpus Christi Housing Authority.doc Agenda ? ✓emo Case No. 1209 -04 (Corpus Christi Housing Authority — La Armada site) Page 3 Notification: Of the eighty -five notices mailed to the surrounding property owners zero notices were returned in favor and one 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. FGM/dlg Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Juan Perales, Jr., P.E. Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361- 826 -3828 Senior Planner H:\PLN•DIR \SHARED \1 Planning Commission12010 PC\2010 City Cout21OR!Uan. 2010 \1209 -04 Agenda Memo Corpus Christi Housing Authority doc CITY COUNCIL ZONING REPORT Case No.: 1209 -04 City Council Hearing Date: January 19, 2010 Applicant: City of Corpus Christi Housing Authority (La Armada Housing Area) Owner: City of Corpus Christi Housing Authority Representative: Richard Franco, CEO Address: 3701 Ayers Street and 3740 South Port Avenue, Corpus Christi, TX 78415 Legal Description/Location: Tract I: 9.089 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,360 feet northeast of Horne Road. Tract II: 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,482 feet Zoning Request 11V1111 Vl lavaaav a�v...... From: "A -1" Apartment House Districts To: "B -1" Neighborhood Business Districts Area: Tract 1 is 9.089 acres, Tract II is 10.416 acres, (Las Armadas Housing Area) Purpose of Request: For the construction of business /restaurant mixed uses along South Port Avenue, and for retail /residential mixed -uses along Ayers Street. Tract I (Ayers St.) Zoning Existing Land Use Future Land Use Site "A -1" Apartment House District Medium - Density Residential, Professional Office, Park Medium - Density Residential, Park North "B-4" General Business District Commercial Commercial East "B-1" Neighborhood Business District, 1 B" One - Family Dwelling District Professional Office, Commercial, Low - Density Residential Density Residential South "B -4" General Business District Commercial Commercial West "A -1" Apartment House District Medium - Density Residential Medium- Density Residential, Park Tract II (South Port Ave.) Zoning Existin Land Use Future Land Use Site "A -1" Apartment House District . - Density Residential Medium-Density Residential North "B -1" Neighborhood Business District, "R -1B" One - Family Dwelling District Commercial, Low - Density Residential Commercial, Low - Density Residential East "A -1" Apartment House District Medium - Density Residential Medium- Density Residential South "B-4" General Business District Light - Industrial Light - Industrial West "I -2" Light - Industrial District Light - Industrial, Commercial, Vacant Light - Industrial -206- City Council Zoning Report Applicant: Corpus Christi Housing_ Authority Page 2 of 8 Case #: 1209 -04 ADP, Map & Violations Area Development Plan: This subject lots are located in the Southeast Area Development Plan. The proposed change in zoning to a `B -1" Neighborhood Business District is not consistent with the adopted Future Land Use Map which designates the area for medium - density residential and park uses. However, commercial development exists along Ayers Street and South Port Avenue corridors that the proposed development would compliment. Map No.: 047041 Zoning Violations: 2004 CP (Care Premises), 2005 CP (Care Premises), 2006 VL (Vacant Lot), 2007 CP (Care Premises), 2007 BD (Building Substandard), 2007 JV (Junk Vehicle), 2008 VL (Vacant Lot), 2009 ISO (Improper Set Out) STAFF SUMMARY: Request: The City of Corpus Christi Housing Authority is requesting a change in zoning from the "A -1" Apartment House District on both tracts to the `B -1" Neighborhood Business District for the construction of business /restaurant mixed uses along South Port Avenue, and for retail /residential mixed -uses along Ayers Street. The two tract areas consist of 19.505 acres total. Area Rezoning Background: The applicant has provided a "Land Use Statement" and "Statement of Ownership" detailing the background history of the subject properties and the past and present financial commitments. These two documents are attached as Attachments 9 and 10. Existing Land Uses: The subject lots are currently being used for multiple - family residential dwelling uses, several of the units along South Port Avenue and Ayers Street will be demolished for commercial uses. Existing Zoning: The subject lots are zoned "A -1" Apartment House District. The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple - family residences and is usable for construction of garden -type apartments in appropriate locations, or for the conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. The "A -1" District requires a 20 -foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum of 30 feet. Proposed Zoning: The `B -1" Neighborhood Business District provides for single - family and multiple family uses, in addition to office, professional service, custom dress making, tailoring, and 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 the property is located adjacent to a residential district; in which case a ten (10) foot 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. —207-- City Council Zoning Report Page 3 of 8 Transportation and Circulation: The subject property has access to South Port Avenue and Ayers Street. South Port Avenue is a 4 -lane (with median/center turn lane), A2, Secondary Arterial Street, capable of handling 26,500 trips per day. The Secondary Arterial Street connects and augments the primary arterial system and provides citywide traffic mobility, but functions at a lower level and places more emphasis on land access then the Primary Arterial. Ayers Street is a 5 -lane (with continuous left turn lane), Al Minor Arterial Undivided Street, capable of handling 24,000 trips per day. The Minor Arterial Undivided Street provides for citywide and inter - neighborhood traffic mobility, but functions at a lower level then the Secondary Arterial. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Applicant: Corpus Christi Housing Authority Case #: 1209 -04 Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2008 South Port Avenue A2 Secondary Arterial, 100 ft. ROW, 54 ft. paved 100 ft. ROW, 75 ft. paved 11,091 Ayers Street Al Minor Arterial- Undivided, 95 ft. ROW, 64 ft. paved 95 ft. ROW, 72 ft. paved 15,869 Infrastructure Demand: ••• Water: ••• Wastewater: + Stormwater: ❖ Gas: Public Safety: ••• Police: ❖ Fire: There is a 6 -inch and 8 -inch water main along South Port Avenue, a 6 -inch line along Ayers Street, and 4, 6, and 8 -inch lines exist within the interior of the subject lots and neighboring property. There is an 18 -inch wastewater line along South Port Avenue, and a 16 -inch line along Ayers Street. The City's GIS system shows no stormwater lines present for either of the subject lots. An alternate GIS system shows stormwater lines along Ayers Street, South Port Avenue, and partially within the interior of the Ayers Street subject lot. Gas is available to the site. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D80. Crime statistics show a total of 917 crimes reported in 1993, decreasing to 757 crimes reported in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Station #10, located at 1550 Horne Road, approximately 6,800 feet from the subject property. —208— City Council Zoning Report Applicant: Corpus Christi Housing Authority Page 4 of 8 Case #: 1209 -04 Environmental Constraints: ❖ FEMA Flood Zone: Information pertaining to the Flood Zone classification for this area was not discernable on the FEMA maps available. ❖ Wetlands: No wetlands exist on the subject lots. COMPREHENSIVE PLAN CONSISTENCY: Land Use Policy: Well situated, competitive business areas that are accessible, attractive, and convenient must be encouraged throughout the city in order to provide residents with quality business services and job opportunities. Although most of the city's business districts are growing, some have declined in recent years due to the decentralization or relocation of their businesses, poor location, inadequate auto access and parking, obsolete facilities, unattractive shopping environments, and changes in customer behavior and income. Some of these areas, nonetheless, still have a strong market potential, and if they were renovated or rehabilitated, they could compete effectively with other shopping centers. a. BUSINESS AREAS THAT FEATURE MIXED OFFICE USE AND RETAIL ACTIVITIES SHOULD BE ENCOURAGED. The development of commercial areas that contain mixed office use and retail activities should be encouraged. Location of retail shopping and office areas together can provide opportunities for dual purpose trips and can be mutually supportive. Planned unit development provides a flexible zoning technique for combining these mutually supportive uses. d. EXPANSION OF COMMERCIAL USES INTO OR WITHIN RESIDENTIAL AREAS MAY BE PERMITTED ONLY IF SUCH EXPANSION MAINTAINS OR IMPROVES THE RESIDENTIAL DESIRABILITY OF THE IMPACTED NEIGHBORHOODS. Commercial development in residential areas may be allowed in situations where proponents of such change can demonstrate how rezoning changes will benefit the impacted neighborhood and the community. Residential Policy: j. TRAFFIC HAZARDS SHOULD BE LESSENED BY DISCOURAGING THROUGH TRAFFIC WITHIN RESIDENTIAL AREAS. Residential areas should be developed so that homes face local or collector streets rather than arterial streets unless a marginal access street is provided. This design will reduce interruption to traffic on arterial streets and make residential neighborhoods safer for children, cyclists, and pedestrians. City Council Zoning Report Applicant: Corpus Christi Housing Authority Page 5 of 8 Case #: 1209 -04 Staff Comment: Staff is encouraged by the mixed uses proposed onsite, which promotes pedestrian- oriented neighborhoods and less reliance on fossil fuels for sustainability. Staff is concerned that the proposed uses located on each side of an existing residential neighborhood may create additional through - traffic problems and the site plan will have to be designed to avoid a "through- route" between South Port Avenue and Ayers Street. SOUTHEAST AREA DEVELOPMENT PLAN CONSISTENCY: Land Use Policy: POLICY STATEMENT B.2 In Table 1, Future Land Use Suitability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible but they are likely to be negatively affected by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - residential uses should be directed away from residential areas; b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect; c. Placing low intensity activities next to single family uses; and d. Because non - residential areas are considered most suitable next to higher level roads, "also acceptable" uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the highway. Staff Comment: If a Special Permit was granted, the Applicant would be required to submit a site plan for the proposed business /retail/professional office/residential mixed uses, where most of these concerns will be addressed during the plan review stages. The extent of noise, traffic, and lighting effects on the neighboring residential uses onsite will need to be addressed at that time. Community Development Services Policy: POLICY STATEMENT D.11 City housing rehabilitation programs should only be used in areas where residential land use is recommended or acceptable. For example, if an area is recommended for low intensity professional office, the land use suitability table indicates single family land use as also acceptable. Therefore, housing rehabilitation programs applied to this area are also acceptable. In areas designated for general commercial land use only multi - family housing rehabilitation programs and not single family rehabilitation programs would be acceptable, as single family land use is not acceptable in the general commercial land use category. In areas where industrial land use is recommended, residential uses and housing rehabilitation programs are not recommended. —210— City Council Zoning Report Applicant: Corpus Christi Housing Authority Page 6 of 8 Case ri: 1209 -04 Staff Comment: The subject lots are part of a City housing project that proposes to partially rehabilitate a portion of the existing multiple family homes to a use other than a residential use, and are also assigned a Medium - Density Residential Use designation by the City's adopted Future Land Use Map; therefore, the proposed use is not consistent with Policy D.11 of the Area Development Plan or the adopted Future Land Use Map. Under PolicyD.11 which refers to the Suitable Land Use Table 1, the only additional uses accepted for the Medium - Density Residential designation is the Residential Estate or Low - Density Residential uses. SOUTHEAST A • •mot:• ABLE y MOST SUITABLE FUTURE LAND USE F AR M / R U R A 1. E TS A T E S F L O vw 5 F M E 01 U M S F 41 $Or0,1100 -1 I M E 1 U M M F 14 1 M F 14 1 R 1 S E M F famgox mr -mOi41 L O P R O F O F F 14 H 1 G H €8 0 R C O P4 C O M N O R E S C 0 M VW R E S L 1 3 14 T 1 N a 14 E A V Y 1 N D FARNVRURAL SF; Up to Unit Per 5 Ames ✓ 1 ESTATE DEN SF; Up Tot Unit Per Acre LOW 0E14 SP: 1 To 3 Units Per /acre ✓ IUI1R 0 OEN SF:3 to Units Per Amy ✓ V 1111111 ... to 15 UntterAc; 3 St Max B ✓ 1 111111- 22 Units DEN re; 15 to M DIU Per 3 5 St Mix ✓ +/ II II 144 DEN 144F; 22 to 36 Units Per Acre; 4 St Liam ✓ III 1111 1 1111 111 .. HI RISE DEN MF: 36 OR MORE UNITS PER ACRE ✓ ✓ However, with exception to the existing interior medium - density development, the Future Land Use Map assigns Commercial and Light - Industrial Uses to the all the properties surrounding the subject lots. Development of the subject lots to business and professional office/residential mixed uses would provide contiguity in the uses from north to south, and if designed properly, can provide a buffer for the existing residential uses from the higher intensity of the light industrial uses located to the west, and the commercial uses located to the east of the existing multiple family residential use; the proposed commercial uses could compliment the existing commercial corridors. RELATIONSHIP TO SMART GROWTH PRINCIPLES: The project was rated against Smart Growth Principles and received 4 stars out of a possible 5 stars, with a total of 77 points out of a possible 100 points. —211— City Council Zoning Report Applicant: Corpus Christi Housing Authority Page 7 of 8 Case 4: 1209 -04 PLAT STATUS: The subject lots are not platted. DEPARTMENT COMMENTS: ❖ The requested rezoning is not consistent with the Area Development Plan Policy D.11 stated above for the proposed use. ❖ The requested rezoning is not consistent with the adopted Future Land Use Map (Medium - Density Residential) designation for the uses being proposed. However, development of the subject lots to business and professional office /residential mixed uses would provide contiguity in the uses from north to south, and if designed properly, can provide a buffer for the existing residential uses from the higher intensity of the light industrial uses located to the west. ❖ The Comprehensive Plan does support mixed uses and expansion of commercial uses into residential areas if the proposed use will benefit the impacted neighborhood and the community. + The proposed rezoning would support a project that would provide employment and necessary services to the area residents. •a• When weighed against Smart Growth Principles, the proposed project scored high in promoting Smart Growth Principles with a score of 77 points out of a total 100 possible points. STAFF RECOMMENDATION: Staff recommends approval of the "B -1" Neighborhood Business District for Tract I and Tract II. PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends approval of the "B -1" Neighborhood Business District for Tract I and Tract II. Number of Notices Mailed Total 81 within 200 ft. notification area; 4 outside notification area Favor - 0 (inside notification area); 0 (outside notification area) Opposition 0.14% - 1 (inside notification area); 0 (outside notification area) As of January 4, 2010 —212— City Council Zoning Report Applicant: Corpus Christi Housing Authority Page 8 of 8 Case 1209 -04 Attachments: 1. Site 2007 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart 9. Land Use Statement 10. Statement of Ownership 11. Site Survey 12. Tract I Metes & Bounds 13. Tract II Metes & Bounds -213- 21 ■1 • • • • - u nn �� �r.a 1■ • J I••'.il COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1209 -04 Name: Corpus Christi Housing Authority 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: Returned undeliverable: Favor: Opposition: 73 0 0 1 (0.14 %) #55: Name - "Collectibles Etc. Inc. "(If I knew what they were going to do with "B -1" I might be in favor of it. Apparently Planning is waiting for our input before they recommend anything.) II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 4 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC12009 Public Comments \1209- 04.doc —227— Nueces Co Ownership List 1209-04 w oo.0000000 =o,..o.^oo c,=. - of o;m arn- aaam c ma 7 ?m m� W Ol 0f m m W m W �l '� m W S T W W m Ol � W T W .."� W �` � 0: O; ?s �: m P a C• W Q: �: � S Q: � 1 1 a 0 0 OV O O O O N ON N NOl N N N N fOV N R N ON hOV N (OV N N N H N N ti 1 h N N N N N :V '.OV V h N N :V h N\ �' r O r 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O 0 m N N r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ii J 2mmv c.N-v N`O8m0 W A:o;NFONOo1A0mitN0^POmA W f0P0OM'm m^NmQ28 OmlOvN8m W 2 AQTTN r� p (GLif0 a .- mm,ov,w --mx,m QOosmAB W N�mw PNAwmQmlN�pmmm m W �wwo --^^^ -400B w0- ,Nwmvg, OPiN W A�1plo O P W M W Pl ti M m Wp N 'J1 NQ (�pp pp O pp m m P m N m P r� {p i� 8 Q� W W W W W W t�l PI t'f ?/ Ft c7 (7 f7 N Pf it1 .- G� 8 m m , O gN PY NIm8IOmmmmmmmNN N RNP room W N§§§illm NY]Nl NJ W Pf NNNNNNNN NNNN NNO^C P et, Mr- r LL —1 P, N N Y M m .— r N N Y J N r J J J m m a J r m M m m Y Y N Q O 7 O W W O 0-0m O J P P P Q P Q C C C P P r N m r :=N Or-n= a a a' CO m J 0 7 M X Y m m m m m m m m m m m m m m m m m m m m m m m m m m m m m J J J mm 0 JJ rr Zra0 J J J J m Y Y Y „ O r N m Q m m N m W N N m` N m P m m N m W O N N N w F~ r<<<,„ r mmmm N UUU , r O Y m J J J J J J J J J w N W W Y a f. 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ATTACHMENT # 8 'smart Growth 11: 100 More Policies for Implementation", provided by the Smart Growth Network. Zoning Case:_ #1209 -02 Reimco, Inc. /Church of Christ Scientist From: "A -1" To "AB" Will the re .; uest . romote develo ' anent that fosters the followin 1. Mix land uses. Answer Pts. Weight Score 5 Project provides a new type of development to an existing neighborhood such as :mployment, housing, retail, civic, educational, cultural, recreation, ieighborhood- serving retail /service? 3 uses added 2 uses added 1 use added 2 x3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes No 0 x2 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 2 + uses 3 2 x2 0 2. Takes advantage of compact building design. Utilizes reduced setbacks and /or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? Manages and effectively provides a transition between higher and lower - density Yes neighborhoods? No 3. Creates a range of housing opportunities and choices. Implements a range of housing options with a variety of types and unit sizes Yes within the community? (condos, townhomes, single - family, apartments) ! No Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed- income developments and/or low- income Yes homeowners and individuals to reduce building costs and uses available No resources more effectively? The project promotes development (residential, commercial, office) with a wide Yes range in pricing available for varying income levels for sale or lease? No 4. Creates walkable neighborhoods. Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long - distance commutes? Will incorporate sidewalks or a bike or pedestrian path into the final development or connects to existing sidewalks? Promotes development so children are close enough to walk to school? Yes No 0 x3 x2 x3 1 0 x3 x3 3 Yes No 0 x3 Yes No Yes No 0 x3 0 1 x2 5. Fosters distinctive, attractive communities with a strong sense of place. The building is an existing building that is historic in any way, or provides focus on a historical, cultural, or natural attributes? Utilizes established standards for building size, density, and architectural standards and Locates development in areas that reflect the "vision" of the Area Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Revitalizes the waterfront, beach, or bay areas? Yes No 0 x2 Yes No 1 0 x2 Yes No 1 0 x3 Yes No 1 x3 Does the project remove blight from its neighborhood? Yes No 1 0 x3 0 —230— 5. Preserves open space, farmland, natal—. ear - arrd c t car environmental areas. Preserves critical areas for water - quality protection including wetlands, riparian • • corridors, nooapiains, ana retains or creates nurrer zones surrounaing tnese ; 1 es x 4 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 x3 environmental impacts? No 0 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 x 3 minimum) to replace trees being removed? No 0 3 Provides community green open space or includes useable green space for Yes 1 x 3 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 x2 farmland? No 0 0 7. Strengthens and directs development toward existing communities. 21 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/4 mile 2 x 4 'A to '/z mile 1 '/z + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 3 health, sufficient to serve the project? No 0 x 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 3 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 2 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No I_ 0 x 0 Is the project in an area with declining school enrolment that threatens its schools with closure or support residential use in areas with Yes No 1 x 2 historically declining school enrollment? 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 0 9. Makes development decisions predictable, fair and cost effective. 6 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x2 Plan? No 0 0 The project is consistent with the Area Development Plan? Yes 1 2 No 0 x 0 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 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x3 onsite retention? No 0 0 -provide Does project contribute to the economic vitality and diversity of the community Yes or propose commercial or industrial development in areas with high No unemployment or chronic poverty? 1 0 x 3 3 Point Grading System: Smart Growth Rating Total Points 49 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = * * * 80 -100 pts = * * * * * —231— LAND USE STATEMENT A request for zoning change from the Apartment (A -1) Housing District to the Neighborhood (B -1) Business District. A statement of this request is as follows: The La Armadas between 3 701 Ayers Street and 3 740 Port Avenue, an (A -1) Apartment House Zone, approximately 60 acres of land and 650 units of apartments, originally built in the early 1940's as Navy Housing, continues its use as multi - family housing, except for the low and/or fixed income residents of the City of Corpus Christi, Texas. After 68 years, the buildings have served their usefulness, but have become an excessive expense to maintain, and therefore obsolete. The property owner, The Corpus Christi Housing Authority (CCHA), several years ago, hired professional planners, Gilmore -Keen and Assoc., in Washington, D.C., to develop land plans to replace the existing housing property with an enhanced plan to serve as a public housing area improvement. The primary physical improvement by the City has been the bounding traffic corridors, Ayers and Port, with 100' R.O.W.'s. Such mobile convenience, along with its utility upgrades, allows major commercial improvements, such as Home Depot, to develop along the south side of the Armadas. Along the Port corridor, services such as the Social Security Main Office, The MEIMR Office, car dealers, restaurants, and most recently a granite distributor has developed. To the north, restaurants, open space from church, apartments, and late 1940's to 1950's single family homes exist. The east side of the Ayers 100' corridor, consist of the rear side of housing built in the 1950's, a Shopping Center at Ayers and Horne Road, and convenient retail services to the northeast. The request by the CCHA, to allow land areas, by frontage exposure along Ayers and Port, 300' deep, to be allowed a change in zoning from the (A -1) Apartment Zone to the (B -1) neighborhood business zone to allow for incidental retail uses by the Gilmore -Keep plan to develop as shops along Ayers with residential potential on the floor above. Along Port Avenue, a multi -story office building is proposed by plan with the potential of auxiliary business interest, such as a bank/0 floor and a restaurant type. As community decision makers and leaders of community improvements, please consider the Corpus Christi Housing Authority (CCHA) request in Zoning change as reasonable and to the best interest of the general and specific public. /7 1 1 f 1 VY r• r r r v r STATEMENT OF OWNERSHIP The process of ownership for the Housing Authority of Corpus Christi, begins in August 1940 with the original property purchase amount of $28,112.50, and the development of Naval Air Station, a need for Naval Housing occurs for the War Period of the 1940's. Nueces County Documents, by volume and page, illustrate the metes and bounds of Housing Authority property as it was obtained by the Federal Public Housing Administration (PHA) using the process of eminent domain, and paying the Housing Authority $36,785.00 as just compensation March, 1941. As the War ends in the mid to late 1940's, the need for the Navy Housing also changes, and the Federal PHA is of a concern to divest its interest in the property back to the local Housing Authority to assist with low rent housing needs. The local Housing Authority uses bonds as a means to acquire the properties from the Federal PHA, as the Federal PHA divests its interest in the improved property by a Quit Claim Deed, dated, March 31, 1 954. Preceding the Quit Claim process, dating June 1, 1951, by Cooperation Agreement with the Public Housing Administration (PHA), the land and property improvements had been clarified for conveyance by both the PHA and local Housing Authority. Part of the Cooperation Agreement, the Federal PHA acknowledges that local Housing Authority to operate with local government by "Pilot System" which allows for "Payments in Lieu of Paying Taxes." In conjunction with documents /statement of ownership is a copy of the 2009 Consolidated Property Tax Statement. Every year the process of payment per original "PILOT" program continues as a statement of continued ownership. -233- 01P1,..1.4 • I .111, [3' (.L.3"`32 STTAV .i2 N1, 011311.118 IC; .11111 CF114:94-./ . '2:515407G 0.0 00 IL T.:1,0 /C ;SO ,C00 '06Z •152 .1001 IIe-5■ .4-1, 50/171. •:_,1111,1 311000 1011 L.I013100 rC7My 11 / l . 1 . '. ' . 15000>00 \ I: 53d?,..71! ' ':90 '9s.p 'z, 5:91y4 I V2Ireit, - I: 711,111e1r 11 • 1I.:,1111 10 8?Z1 Sr,d37 1 erleins+ -11 - <Os, II / • 5,01:1 • • ; 000,;.., 1077180 11 IS/ 030.21_60'; H 00006, 1- "321 MEI ':.I.Sit;13".iLl'01.1 .:10 30. 10 ,11300ine 3n:sno. "0_, ,114',4:1,1•0.1 :1>0.0: <1191/141:....:7 ""91380AWI:InV oa• ‘.01` ,c41, iP 234- 0 5 00- 0 = • E 0034.10 E -3 0>0 < VI < -- 3- c. •-• 1.1.1 -rc zo T FAA ;T ONE 9.089 ACRES (395 ;911 SO. FT.) ~PAGE 1 OF 1 Being a tract or parcel of land containing 9.089 acres (395,911 square feet) in the City of Corpus Christi, Nueces County, Texas, and being part of Lot 9 in Section G of Paisley's Sub- division of the Hoffman Tract, according to the map or plat recorded in Plat Book "A ", Page 28 of the Nueces County Map Records, and also being part of that certain tract of land described in deed executed July 31, 1940 from E. E. Bancroft to Housing Authority of the City of Corpus Christi, Texas as recorded in Volume 259, Page 280 of the Nueces County Deed Records (hereinafter referred to as "HACC Tract "), said 9.089 acre tract being more particularly described by metes and bounds as foliows: BEGINNING at a 2" iron pipe found for the southeast corner of said HACC Tract and the herein described tract, said iron pipe also being at the intersection of the southerly line of said Lot 9 and the westerly right -of -way line of Ayers Street (100 feet wide); THENCE, North 61°36'36" West, along the southerly line of said Lot 9 and HACC Tract, a distance of 300.00 feet to a point for the southwest comer of the herein described tract; THENCE, North 28 °20'35" East, departing said southerly line of Lot 9 and HACC Tract and 300.00 feet easterly of and parallel to said westerly right -of -way Line of Ayers Street, a distance of 1,319.71 feet to a point for the northwest corner of the herein described tract, said point also being on the northerly line of said Lot 9 and HACC Tract; THENCE, South 61°36'36" East, along said northerly line of Lot 9 and HACC Tract, a distance of 300.00 feet to a 2" iron pipe found for the northeast corner of said HACC Tract and the herein described tract, said iron pipe also being at the intersection of said northerly line of said Lot 9 and said westerly right -of -way line of Ayers Street; THENCE, South 28 °20'35" West, along said westerly right -of -way line of Ayers Street, a distance of 1,319,71 feet to the POINT OF BEGINNING, and containing 9.089 acres (395,911 square feet) of land. This metes and bounds description is provided to accompany a request for a change in zoning for the herein described tract and is not intended to be recorded in the Official Public Records of Nueces County, Texas. Revised November 18, 2009 November 4, 2009 RLD:rld Job No. 09595 -903 File: V~ Projects \HACC La Armada US Word \Ayers Tractl.dcc Last printed 11/19/2009 3:05 PM -235- OF r 1� ;STFRF: r� t , ROBERT L DAVIS {` , v* , t •.. ,> `��O 4299 tP. M1R -,'"fit TRACT TWO 10.416 ACRES (453,725 SO, FT.) PAGE 1 OF 1 Being a tract or parcel of land containing 10.416 acres (453,725 square feet) in the City of Corpus Christi, Nueces County, Texas, and being part of Lots 9 and 10 in Section G of Paisley's Sub- division of the Hoffman Tract, according to the map or plat recorded in Plat Book "A ", Page 28 of the Nueces County Map Records, and also being part of that certain tract of land described in quitclaim deed executed March 31, 1954 from United States of America, acting by and through the Public Housing Administration, to Housing Authority of the City of Corpus Christi, Texas as recorded in Volume 632, Page 395 of the Nueces County Deed Records, (hereinafter referred to as "HACC Tract "), said 10.416 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found for the northwest corner of said HACC Tract and the herein described tract, said iron rod also being at the intersection of the northerly line of said Lot 10 and the easterly right -of -way line of South Port Avenue (100 feet wide); THENCE, South 61 036'36" East, along the northerly line of said Lot 10 and HACC Tract, a distance of 343.81 feet to a point for the northeast corner of the herein described tract; THENCE, South 00 °56'50" East, departing said northerly line of Lot 10 and HACC Tract and 300.00 feet westerly of and parallel to said easterly right -of -way line of South Port Avenue, a distance of 1,513.85 feet to a point for the southeast corner of the herein described tract, said point also being on the southerly line of said Lot 9 and HACC Tract; THENCE, North 61 °36'36" West, along said southerly line of Lots 9 and 10 and HACC Tract, a distance cf 343.81 feet to a 5/8" iron rod found for the southwest corner of said HACC Tract and the herein described tract, said iron rod also being at the intersection of said southerly line of Lot 10 and said easterly right -of -way line of South Port Avenue; THENCE, North 00 °56'50" West along said easterly right -of -way line of South Port Avenue, a distance of 1,513.85 feet to the POINT OF BEGINNING and containing 10.416 acres (453,725 square feet) of land. This metes and bounds description is provided to accompany a request for a change in zoning for the herein described tract and is not intended to be recorded in the Official Public Records of Nueces County, Texas. Revised November 18, 2009 November 4, 2009 RLD:rld Job No. 09595-903 File: V\Projects \HACC La A.rrnada'MS Word\Port_Tract2.doc Last printed 11/19/2009 3:06 PM -236- iJ t,: ROBERT L DAV'.3 4;299 te°"'° a° 1 %t / Lk, `Z..%tcl REGULAR PLANN[NG COMMISSION MEETING Council Chambers- Cite Hall Wednesday, December 9, 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 John Taylor Mark Adame Govind Nadkarni STAFF: Johnny Perales, P.E., Assistant City Manager, Development Services Faryce Goode Flacon, Assistant Director of Development Services /Planning Miguel S. Saldaa, AICP, Senior City Planner Robert Payne, A.ICP, City Planner Deborah Brown, Legal Counsel Debbie Goldston, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to or3er at 5:30 p.m. II. APPROVAL OF N1]TUTES Motion for approval of the minutes from the November 11, 2009, regular Planning Commission meeting was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously. III. PUBLIC HEARIL IG AGENDA ITEMS d. Case No. 1209 -04 Corpus Christi Housing Authority A change of zoning from the "A -1" Apartment House District to the "B -1" Neighborhood Business District resulting in a change or land use from Multi - Family Residential use to Neighborhood Business use. Tract I: 9.089 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally Located approximately 1,360 feet northeast of Horne Road. Tract II: 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,482 feet north of Horne Road. Lisa Wargo presented a Power Point presentation. The City of Corpus Christi Housing Authority is requesting a change in zoning from the "A -1" Apartment House District on both tracts to the "B -1" Neighborhood Business District for the construction of business /restaurant mixed uses along South Port Avenue, and for retail/residential mixed - uses along Ayers Street. The two tract areas consist of 19.505 acres total. Ms. Wargo stated that "subject lots are currently being used for multiple - family residential dwelling uses, several of the units along South Port Avenue and Ayers Street will be demolished for commercial uses." Ms. Wargo stated that "the requested rezoning is not consistent v. ith the Area Development Plan Policy D.11 for the proposed use, or the adopted Future Land Use —237— Planning Commission 'viinutes December 9, 2009 Page 2 Map (Medium- Density Residential) designation for the uses being proposed. However, development of the subject Tots to business and professional ofce%residential mixed uses would provide contiguity in the uses from north to south, and if designed properly, can provide a buffer for the existing residential uses from the higher intensity of the light industrial uses located to the west. The Comprehensive Plan does support mixed uses and expansion of commercial uses into residential areas if the proposed use will benefit the impacted neighborhood and the community. The proposed :rezoning would support a project that would provide employment and necessary services to the area residents." Staff recommended approval of the "B -1" Neighborhood Business District for Tract I and Tract II. Public hearing was opened. In favor: 1. Michael Linnone, 3701 Ayers St., Corpus Christi, Texas. Mr. Linnone stated he is in favor of the project and would appreciate the Commission's approval. No one came forth in opposition. Public hearing was closed. Motion to approve staff recommendation was made by Commissioner Huerta and seconded by Commissioner Taylor. Motion passed unanimously. -238- 1 of ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CORPUS CHRISTI HOUSING AUTHORITY, BY CHANGING THE ZONING MAP IN REFERENCE TO 9.089 ACRES OUT OF PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, SECTION G, LOTS 9 AND 10, AND 10.416 ACRES OF PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, SECTION G, LOTS 9 AND 10, FROM "A -1" APARTMENT HOUSE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Corpus Christi Housing Authority, 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, December 9, 2009, during a meeting of the Planning Commission, and on Tuesday, January 19, 2010, 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 9.089 acres out of Paisley's subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately 1,360 feet northeast of Horne Road and 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10, generally located approximately on the 1,482 feet north of Horne Road, from "A -1" Apartment House District to "B -1" Neighborhood Business District. (Zoning Map 047041 ) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \1- 19- 101CASE NO. 1209 -04 CC HOUSING AUTH \1209 -04 CC Housing Authority Requestor PC Staff.Doc —239— 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: 2010 eborah Walther Bro Assistant City Attorney For City Attorney H:\ LEG- DIR\Shared\LEGAL- DEV.SVCS\2010 Agenda \1 -19-10 \CASE NO. 1209 -04 CC HOUSING AUTH \1209 -04 CC Housing Authority Requestor PC Staff.Doc —240— Corpus Christi, Texas day of , 2010 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:1 LEG- DIR \Shared\LEGAL- DEV.SVCS12010 Agenda11 -19-10 \CASE NO. 1209 -04 CC HOUSING AUTH11209 -04 CC Housing Authority Requestor PC Staff.Doc —241— 8 L OA T PARK Soil, EJ#T -GEN E HD D BIDER VELOPMEIrf PROPERTI r- L B -4 B14/ CASE # 1209 -04 PLANNING COMMISSION STAFF RECOMMENDATION ORDINANCE: EXHIBIT A From: A -1 To: B -1 14 AGENDA MEMORANDUM City Council Action Date: January 19, 2010 SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements (Project No. 8600 /CIP 2010 No. WA 01) AMENDMENT NO. 2 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Bath Engineering, Corporation of Corpus Christi, Texas, in the amount of $380,915.00, for a total restated fee in the amount of $826,515.00 for the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. ISSUE: The existing Programmable Logic Controller (PLC) center is a single PLC that controls the entire filtration system at the O.N. Stevens Water Treatment Plant. This PLC and its manual controls are obsolete and create a single point of failure for the entire filtration system. The proposed work will increase reliability and redundancy for the filtering system and plant. This project includes state -of -the -art upgrades to replace the single "master" PLC with a bank of 22 PLC's, one for each of the 22 filters with all controls, software, enclosures and associated system improvements. This upgrade will provide the first phase of a required modernization of the control system of the plant. The design of the Instrumentation and Automation Improvement project includes upgrading the network and converting the backbone of the SCADA to a fiber optic system. As preliminary design was being completed it was determined that the PLC's needed to be redesigned in order to improve redundancy and reliability. The existing PLC's operate on an obsolete communication system. This project will allow the integration of the new PLC's into the SCADA system. FUNDING: Funding is available from the Water Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. stay onzal Directo of Water e 361 -826 -1874 gustavogo @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Amendment No. 2 Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 361 - 826 -3781 peteanc cctexas.com HANOMEICMIKAGEN\ WATER\O.N. Stevens Water Treatment Plantt8600- O.N. Stevens Process Monitoring Instrumentation and Automation ItmrovememslAmenndnent No. 2l2 AGENDA —245— AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements (Project No. 8600 /CIP 2010 No. WA 01) AMENDMENT NO. 2 AMENDMENT NO. 2 DESCRIPTION: During the design it was determined that these upgrades are critical to the success of plant modernization project. Amendment No. 2 will specifically provide for the following services for the upgrading of the Filter Programmable Logic Controllers (PLC): • Design and engineering to prepare construction and record documents for a controls systems modernization utilizing state of the art PLCs. • Replacement the existing filter single PLC with twenty -two (22) small, dedicated PLCs. Each PLC shall run application software capable of full automatic control of the a single filter. The exact control logic will be coordinated with ONSWTP Operations. • Installation of four stainless steel enclosures in the Filter Building basement to house PLCs for filters 1 through 12, three PLCs per enclosure. Demolish all existing manual control consoles for filters 1 through 12. Demolish all remote I/O racks for filters 1 through 12 located in existing stainless steel enclosures in Filter Building. • Demolition of wiring, manual controls, and remote I/O racks in manual control consoles for filters 12 through 22. Install new PLCs inside the existing consoles. • Replacement of local pushbutton and switch controls for individual filter with several portable touch - screen control panels. Provide local hook -ups for portable panels to where operators can have unobstructed view of filters. • Installation of network cabling, switching, and routing equipment to enable communication between all filter PLCs, portable control panels, and an unlink to ONSWTP SCADA system • Installation of new PLC and associated components for the replacement of the back Wash Water Tower PLC. The new PLC shall run application software capable of full automatic control of the back wash process interacting with each of the 22 filters and the ONSWTP SCADA systems. • Integration of the new PLCs into ONSWTP SCADA. CONTRACT TERMS: The Contract for Professional Services is increased by $380,915.00; all other provisions of the contract remain unchanged. PROJECT BACKGROUND: Currently the instrument monitoring and analyzing for TCEQ requirements (chlorine residual, pH and turbidity) are located in the Chemical Building basement of the O.N. Stevens Water Treatment Plant ( ONSWTP). There are long sample lines (up to 1,000 feet) before the water is actually analyzed. These long sample lines create a severe delay in response time, which leads to poor monitoring of each of the process variables and inaccurate readings of water quality. Accurate, real -time analysis of AMD. NO. 2 EXHIBIT "A" Page 1 of 2 H:\NOME\KeltyO\GEN\WATERtO.N. Stevens Water T, t ..nt Plant t8600- O.N. Steve Monitoring Instnunentation and Automation Improvements\Amendment No 2t7 AGENDA BACKGROUND.doc L v the water will be accomplished and documented with new instrument analyzers in the field located at the sample points and connected to a central control room with the improved network system. Currently the ONSWTP does not have a system in place to control and document changes to critical drawings and instrument data. Developing a Management of Change process with City staff will accomplish this. Also, the ONSWTP has not established critical equipment standards with spare parts list so that standardization and immediate repair can take place. Developing these standards will accomplish this. AMD. NO.2 EXHIBIT "A" Page 2 of 2 H:\HOME\Kelly° \GEN\WATER \O.N. Stevens Water Treatment Plant \8600- O.N. Steven ?Monitoring Instrumentation and Automation Improvements \Amendment No 2U AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements (Project No. 8600 /CIP 2010 No. WA 01) AMENDMENT NO. 2 PRIOR COUNCIL ACTION: 1. December 15, 2009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ord. No. 028449) 2. April 21, 2009 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Bath Engineering Corporation of Corpus Christi, Texas, in the amount of $398,600 for a revised fee of $445,600 for O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. PRIOR ADMINISTRATIVE ACTION: 1. June 3, 2008 - Administrative approval of an agreement for Architect/Engineer Consultant Services with Bath Engineering Corporation in the amount of $47,000 for O.N. Stevens Water Treatment Plant Process Monitoring Instrumentation and Automation Improvements. 2. May 23, 2009 - Administrative approval of an agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $44,400 for O.N. Stevens Water Treatment Plant Process Monitoring Instrumentation and Automation Improvements - SCADA Upgrades. AMD. NO. 2 EXHIBIT "B" Page 1 of 1 H:\ROME\ICeIIyO \GEN\WATERW.N. Stevens Water Treatment Plant \8600- O.N. Stevens Process Monitoring Instrumentation and Automation Improvenents\Anendment No 2\4 PRIOR ACTTONS.doc -248- CONTRACT SUMMARY / AMENDMENT NO. 2 SUBJECT: O.N. Stevens Process Monitoring Instrumentation and Automation Improvements (Project No. 8600 /CIP 2010 No. WA 01) AMENDMENT NO. 2 1. SCOPE OF SERVICES A. BASIC SERVICES —shall be amended to expand the following Basic Services: Item No. 1 Preliminary Phase • Provide additional Preliminary Phase Services to verify existing site conditions of the filter control system, meet twice with City staff to define project requirements, develop conceptual block diagrams and designs for the replacement of control equipment and define the project scope of work. Item No. 2 Design Phase • Provide additional Design Phase Services to prepare design documents for proposed improvements, prepare City format contract documents, and develop a preliminary opinion of probable construction cost. Item No. 3 Bid Phase • Provide additional Bid Phase Services including attending the pre -bid conference and assisting City in responding to bidder questions. Prepare necessary addenda, attend the bid opening, tabulate bids and make recommendations concerning award. Item No. 4 Construction Phase • Provide additional Construction Phase Services including attending and participating in the pre- construction conference, coordinating with City inspector to authorize minor field alterations, conducting "final inspection" with the City and Contractor and make a recommendation concerning final acceptance. B. ADDITIONAL SERVICES —shall be amended to expand and add the following Additional Services: Item No. 5 Construction Observation Services • Provide additional Construction Observation Services in including five (5) site visits during construction to observe the construction contractor's installation methods, materials and overall quality of construction, in which a written report will be provided for each inspection. MID. NO. 2 EXHIBIT "C" _ % Page 1 of 3 H: HOME\Ke1IYO\GEN\WATER \O.N. Stevens Water Treatment Plant\8600- O.N. SteveniTio ss Monitoring Instrumentation and Automation ImprovementsWnendment No. 2\5 CONTRACT SUMMARY.doc Item No. 7 Field Investigation • Field Investigation will be added to Additional Services to provide for the Consultant's review of existing documentation and extensive verification of existing field conditions for demolition of existing systems and installation of new systems providing operational continuity during demolition and new construction. Item No. 8 Warranty Phase and As- Builts • Warranty Phase and As- Builts will be added to Additional Services to provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Consultant will note defects requiring contractor to replace or repair improvement under the maintenance guaranty terms of the contract. Consultant will document the condition and prepare a report for City staff of the condition of locations and submit recommendation for method to best correct defective conditions. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Item No. 9 PLC and Associated Equipment • PLC and Associated Equipment will be added to Additional Services to provide the following equipment for the project: 1. Filters 1 -12: Design, fabricate and test four (4) enclosures with three (3) filter PLCs. 2. Filters 13 -22: Design, fabricate and test ten (10) sub- panels. 3. Wash Water Tower: Design, fabricate, and test one (1) sub -panel 4. Provide two portable mobile HMI stations. 5. Provide networking infrastructure material consisting of two (2) Dell 24 -port, non - managed Ethernet switches. Item No. 10 Factory Test, System Integration and Start Up Services • Factory Test, System Integration and Start Up Services will be added to Additional Services to complete the following: 1. Engineering services to program filter and wash water tower control functionality into the PLC as well as design two screens on a Siemens Mobile Panel 277 with the following details: a. One screen for operation of the filters b. One screen for monitoring any faults and /or alarms 2. Update and revise National Instruments (NI) HMI to accommodate new addresses for the filters. Data transmittal will occur via NI -OPC so installation /verification of this software is necessary prior to start of engineering services. 3. Factory acceptance testing for the system (Filters 1 -22) consisting of five, 8 -hour weekdays. Includes authoring of a factory acceptance testing document. 4. Onsite startup and commissioning assistance for the system consisting of ten, 8- hours days at O.N. Stevens Water Treatment Plant. 5. Onsite technical support for startup and commissioning consisting of ten (10), 8- hour days. AMD. NO. 2 EXHIBIT "C" Page 2 of 3 H:IHOME\KellyO \GENIWATER \O.N. Stevens Water Treatment Plant \8600- O.N. Slev2s5Rlt;ess Monitoring Instrumentation and Automation Improvements An endment No. 2L5 Assumptions, Clarifications and Exceptions: City of Corpus Christi shall provide a description /sequence of operation for each filter and the Wash Water Tower (or filters if some operate differently than others). City of Corpus Christi is up to date on the HMI (National Instruments Lookout) support contract and associated OPC drivers. City will provide existing program logic to contractor for use in developing new code. 3. FEES AMD. NO. 2 EXHIBIT "C" Page 3 of 3 H:\HOME\KellyO\GENWWATERWO.N. Stevens Water Treatment Plantt8600- O.N. StevenMonitoring Instrumentation and Automation ImprovementsWmendment No. 2W5 CONTRACT SUMMARY.doc ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 TOTAL BASIC SERVICES 1 Preliminary Phase $47,000.00 $0.00 $6,990.00 $53,990.00 2 Design Phase 0.00 255,125.00 54,720.00 $309,845.00 3 Bid Phase 0.00 3,780.00 2,780.00 $6,560.00 4 _ Construction Phase 0.00 28,520.00 4,050.00 $32,570.00 Subtotal Basic Services 47,000.00 287,425.00 68,540.00 $402,965.00 ADDITIONAL SERVICES 1 Management of Change Development 0.00 31 ,775.00 0.00 31,775.00 2 Equipment Standards Development 0.00 21,000.00 0.00. 21,000.00 3 GPS Site Survey 0.00 6,000.00 0.00 6,000.00 4 Electronically Verify FO Cable 0.00 12,000.00 0.00 12,000.00 5 Construction Observation Services 0.00 20,400.00 9,260.00 29,660.00 6 Process Sub - Consultant 0.00 20,000.00 0.00 20,000.00 7 Field Investigation 0.00 0.00 9,190.00 9,190.00 8 Warranty & As Builts 0.00 0.00 5,800.00 5,800.00 9 PLC & Assoc. Equipment (Estimated) 0.00 0.00 225,625.00 225,625.00 10 Factory Test, Integration & Start Up Services 0.00 0.00 62,500.00 62,500.00 Subtotal Additional Services 0.00 111,175.00 312,375.00 423,550.00 TOTAL AUTHORIZED FEE $47,000.00 $398,600.00 $380,915.00 $826,515.00 AMD. NO. 2 EXHIBIT "C" Page 3 of 3 H:\HOME\KellyO\GENWWATERWO.N. Stevens Water Treatment Plantt8600- O.N. StevenMonitoring Instrumentation and Automation ImprovementsWmendment No. 2W5 CONTRACT SUMMARY.doc Fite : \ Mproiect \counciiexhibits \exh86OOb.dWe O.N. Stevens Process Monitoring Instrumentation and Automation improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST?, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/18 /2009 =MN NNW ..,. L 15 CITY COUNCIL AGENDA MEMORANDUM January 19, 2010 AGENDA ITEM: AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND SOUTH TEXAS INSTITUTE FOR THE ARTS TO DECREASE THE LEASED PREMISES IN ORDER TO CREATE THE ANTONIO E. GARCIA PARK. REQUIRED COUNCIL ACTION: Authorizing the City Manager or his designee to amend the lease agreement between the City of Corpus Christi and the South Texas Institute for the Arts for property located at 2021 Agnes Street and also known as the Antonio E. Garcia Education Center. RECOMMENDATION: Staff recommends amending the lease agreement between the City of Corpus Christi and the South Texas Institute for the Arts for property located at 2021 Agnes Street and also known as the Antonio E. Garcia Education Center. zd.a„ Eddie Ortega Neighborhood Services Director Eddieoa,cctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information xj Ordinance Lease Amendment pf AGENDA MEMORANDUM BACKGROUND INFORMATION The location of the Antonio E. Garcia Education Center (Center) was determined after many years of planning with a goal to serve an audience in the immediate area around the site. The building, constructed with CDBG funds, is the result of grassroots efforts to create a location where performance, visual art, education classes and community activities can occur in a safe and pleasant environment. After opening in 1993, Center leadership found it difficult to raise operating funds that served the mission. In 1997, the Center of Hispanic Arts merged with two other art organizations to become the South Texas Institute for the Arts (STIA). STIA is affiliated with Texas A &M University of Corpus Christi. The Antonio E. Garcia name honors an artist teacher who fulfilled a major role in the development of twentieth century visual art in the city. STIA has operated the site since September 1997. During the period all former debts have been paid and funding mechanisms created that provide for the operations at the site. Original partnerships have been with the Westside Business Association, Weed and Seed, CCISD, dance groups and ongoing exhibits and family days were initiated to serve the target audience of low -to- moderate income families within CDBG Census Tracts 9, 10, 11, 12 ands 13. Within the past ten years there have been significant improvements surrounding the Center such as new streets, curb and gutter and sidewalks which were funded through the CDBG program. In addition, there are other stakeholders /partners in the area such as the Neighborhood Centers of Corpus Christi which will be constructing a new child care center at the corner of 18th and Marguerite Streets and which will be utilizing CDBG and CDBG -R (Recovery) program funds to complete. Furthermore, the City Council approved a Westside Business Association project proposal to construct a parking lot adjacent to the Center alongside 18th and Agnes Streets which will be funded through the CDBG -R program. Most recently, the Junior League of Corpus Christi (JLCC) has identified a portion of the City - owned property surrounding the Center as their next project site which will be known as the Antonio E. Garcia Park; however, in order to reduce the liability and limit the exposure in converting vacant land to a public park, the project stakeholders (City, STIA, JLCC and TAMUCC) have agreed to sever a portion of the City -owned property area so that it may be dedicated as park land with an Adopt -A -Park concept within a CDBG eligible tract area. Staff is recommending that the lease agreement be amended to incorporate the property not being severed for park land as property being leased between the City and STIA and also known as the Antonio E. Garcia Education Center. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND SOUTH TEXAS INSTITUTE FOR THE ARTS TO DECREASE THE LEASED PREMISES IN ORDER TO CREATE THE ANTONIO E. GARCIA PARK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a second amendment to the existing lease agreement between the City and the South Texas Institute for the Arts to decrease the leased premises in order to create the Antonio E. Garcia Park. A copy of the fully executed lease amendment, containing an exhibit which details the revised leased premises, is attached and will be placed on file in the City Secretary's Office. EHord289 revd.doc —257— The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, 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 The foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 11, 2010 Elizabeth R. Hundley Assistant City Attorney for the City Attorney EHord289 revd.doc —258— Joe Adame Mayor SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS INSTITUTE FOR THE ARTS This second amendment ( "Second Amendment ") is made by and between the City of Corpus Christi ( "City ") and the South Texas Institute for the Arts, formerly known as the Corpus Christi Art Foundation, Inc. ( "Lessee "). WHEREAS, the City and Lessee executed a lease agreement ( "Lease ") in 1992 for use of the Antonio E. Garcia Education Center (formerly known as the Hispanic Arts Cen- ter), which Lease was subsequently amended in 2000 ( "First Amendment ") to extend the term and expand the boundaries of the leased premises; and WHEREAS, the parties desire to execute this Second Amendment to express their mutual decision to decrease the boundaries of the leased premises stated in the Lease and First Amendment, in order to allow for the creation of a new park. Section 1. By execution of this instrument, the parties agree to recognize a reduction in the size of the leased premises, such new premises being depicted in Exhibit "A" and containing a portion of a 7' alley remaining subject to public use for ingress and egress, which Exhibit "A" is attached to this Second Amendment and is incorporated into this document as if set out fully in its entirety. Section 2. By execution of this Second Amendment, the parties agree to revise the leased premises stated in the Lease and First Amendment by decreasing the size of the boundaries and to recognize the new leased premises (a portion of the alley being included but remaining subject to use by the general public, as stated above) as de- picted in Exhibit "A" for the remainder of the Lease term. All other terms, conditions, and covenants of the Lease and First Amendment not changed by this Second Amend- ment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2010. ATTEST: Armando Chapa CITY OF CORPUS CHRISTI `Angel R. Escobar City Secretary . City Manager APPROVED AS TO FORM: Eliz th R. Hundley Assistant City Attorney for the City Attorney LESSEE: South Texas Institute for the Arts By: Prin ame: :. Title: `1, , 2010 Date: 111-i i t, STATE OF TEXAS § COUNTY OF NUECES § Th. instrume t s ackny led ed before me on by SG, �, ��� of th- South Tex Arts, Tex s nonprofit corporation, on behalf of the corporation. ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: (seal) LAURISA LYNN BAKLIK Notary Public, State of Texas Tres My Cpmimie.ion Exp i'�•x, . unreal 09, Z011 2010, Institute for the 260— Nota - ublic, State of = as EXHIBIT ANTONIO E. GARCIA EDUCATION CENTER - LEASE TRACT STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 137 Acres (59,570 SQ.FT.) of land out of a portion of Lot 14, Block 4, Lawnview Annex as recorded in Volume 67, Page 86; Lots 2-4 and a portion of Lot 5, Block 5, Lawnview Addition as recorded in Volume A, Page 13; and a portion of Block 9, Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas. This 137 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the northeast corner of Lot 15, Block 4, Lawnview Annex as recorded in Volume 67, Page 86 of the Map Records of Nueces County, Texas; THENCE S88 °00'00 "W along the north boundary line of said Lot 15, a distance of 137.15' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southwest corner of this tract; THENCE NO2 °00'00 "W along the easterly right -of -way line of Eighteenth Street a distance of 66.89' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE N09 °06'50 "W continuing along the easterly right -of -way line of Eighteenth Street a distance of 128.19' to a Found Drill Hole in concrete at the beginning of a circular curve to the right; THENCE along said curve having a Radius of 10.00', an Arc Length of 16.95', and a Chord of N39 °26'35 "E a distance of 14.99' to a Found 60D Nail on the southerly side of Agnes Street; THENCE N88 °00'00 "E along the southerly side of Agnes Street a distance of 283.31' to a Found Drill Hole, being an angle point of this tract; THENCE S67°50'45 "E continuing along the southerly side of Agnes Street a distance of 7.80' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the northeast corner of this tract; THENCE S02 °00'OO "E along the easterly side of a 7' wide Alley as shown on plat of the Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas, a distance of 202.14' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southeast corner of this tract; THENCE S88 °00'00 "W through said Elome Place Addition and Lot 14, •Lawnview Annex, a distance of 147.33' to the POINT AND PLACE OF BEGINNING and containing I.37 Acres of land. Bearings are with reference to North Boundary Line of Lots 2 -5, Block 5, Lawnview Addition as recorded in Volurne A, Page 13 of the Map Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, .hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 7" day of January, 2009. Russell D. Ochs State of Texas License No. 5,241 -262 1 5ir Ls I. \ . SOO WO MEET so. L : 2 g . _0(--tats. .... . - a 4111111111met et – —e N T . 11 33 ; L4 ■ STATE OF TEXAS 0 = me so" r . , 6-17 , ...-: COUNTY OF NUECES DRILL / :,..1 •,:: •,4 •I' -I' • SET 5/8 tRON MO _ HOLE ; 1, RUSSELL D. OCHS. REGISTERED PROFESSIONAL LAND SURVEYOR FOR I , . I THE CITY OF CORPUS CHRISTI, HEREBY CERTIFY THAT THIS MAP WAS \ \ . i WAS PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND \ , . . UNDER MY DIRECTION AND 1. plUE AND CORRECT TO THE BEST • ° C, ,0.' ; 7, 7.;‘. .4 , •I ,', - I. MY KNOWLEDGE, THIS THE i ( FP, DAY OF ,TAN WA' . 201* "er . .... 11 , . -,L. L.,,, Na. ./:;,... t. 0 F 7. It 1- _ --. .— — , N ... • • • • 4-:„.1— ‘ \ \ IPICKNEM. j *WM Et t . / ' ' . 1_ 1,4t'.* GOT E,T,,A7 ,p . \\ ..,,, R ' SELL D. 0 S R,P.L.S. • \ NA- v r ,I TEXAS REGISTRATION 740. 5241 ,iFf.) -- 25' 1 ' .1 RUSSELL D. OCHS f.tt'l i I 1 (5•5704t r S - -- .1, .• '41 5241 i."-*(1-1 ri/ 4'1 < ' 'Po. .....-,.. • 0 I. .',1 1. , sTolt1iNZa ;LEASE LINE -- 0 1 -1.11: • . ..1.. . • 4 At -1 1.7 <. I c'11 sET 5/e..- ,_ _ IRON -RM .ff,F ANTONIO E. GARCIA - EDUCATION CENTER 'I' . .4 L LINE BEARING DISTANCE - -- __.--7:'-=--:--'—'---- L1 S 88'00'00" W 137.15 11 --_--- ---416■19U8481 imr___ ___ L2 N 07'00'00" W 66.89 INNAKE 111011/114 _ L4 N 881000Q: E 23,31 L5 S ST50 45 ' 7.80 L6 S 02.00,100" E 202.14 L7 S 880000" W 1.47.33 1.37 ACRES(59,570 SO. FT.) Norm - MAP TO ACCOMPANY F7ELD NOTES. - BEARINGS BASED ON THE NORTH BOUNDARY UNE OF LOTS 2-5, Ewa( 5 LAWIVVIEW ADDITION 114 VOLUME A4 PG. 13 OF THE MAP RECORDS OF NUECES 10 100 COUNTY, TX. - FOUND 5/0-INCH MN RODS AT ALL • CORNERS UNLESS NOTED OTHERWISE Scale In Feet . AN CITY of CORPUS CHRISTI, TEXAS AMMO E. G4ACM ARM EDUCATION CENTER a.;i-i Deportment of Engineering Services OWNER: CITY OF CORPUS CHRISTI Survey Division .561-826-3551 BONG A TRACT OF LANO CONTAINING 59.570 $a FT. (7.37 Ac) OUT Of .4 POIMN OF Drown Ry: A. JIMENEZ Date Drown: 1/08/2010 LOT 14, 8LOCK 4. LAWNWEW ANNEX VOL. 87, PO. 06; LOTS 2-4. AND A PORTION OP LOT Checked By: R. OCHS Pro t- 95001 5. BLOCK 5, LAWNVIEW ADDITION VOL. A. PC. 13; AND A PORTION OF BLOCK 9, HOME SHEET 1 OF 1 , PLACE ADDITION. VOL. A, PC. 14 OF THE MAP RECORDS OF NUECES COUNT'''. TEXAS. Re:CAPROJECTS\CARCIA ARTS ..I\DWG\TRACT A.DWG -263- 3 on 0 -263- 3 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date:January 19, 2010 AGENDA ITEM: Ordinance dedicating the approximately .98 acre area located adjacent to the building currently occupied by Antonio E. Garcia Arts & Education Center, located at the intersection of Agnes Street and 17th Street, as Antonio E. Garcia Park. ISSUE: The Antonio E. Garcia Center is currently leased by the South Texas Institute for the Arts (STIA) to operate a community center in conjunction with Texas A &M Corpus Christi. Working with the surrounding community, the Junior League of Corpus Christi (JLCC) will build a playscape and walking trail on the .98 acre adjacent to the Center in effort to give the youth and families in the neighborhood an opportunity to increase their physical activity and combat obesity. Due to liability insurance requirements of the current lease for the Center, this generous donation by the JLCC would require an undue financial burden on the STIA. In order to continue forward with the playscape and walking trail development and to minimize liability for the STIA, this area will be removed from the lease agreement and dedicated as parkland. REQUIRED COUNCIL ACTION: Approve an ordinance dedicating the area adjacent to the Antonio E. Garcia Arts & Education Center as Antonio E. Garcia Park. PREVIOUS COUNCIL ACTION: n/a CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve an ordinance dedicating the area adjacent to the Antonio E. Garcia Arts & Education Center as Antonio E. Garcia Park. Stacie A. Talbert Interim Director, Parks and Recreation Staciet @cctexas.com (361) 826 -3476 Eddie Ortega Director of Neighborhood Services eddieo @cctexas.com (361) 826 -3044 Attachments: Survey of proposed parkland -267- BACKGROUND INFORMATION The Antonio E. Garcia Arts & Education Center and adjacent property is currently leased by the South Texas Institute for the Arts (STIA) to operate a community center in conjunction with Texas A &M Corpus Christi. Working with the surrounding community, the Junior League of Corpus Christi (JLCC) will build a playscape and walking trail on the .98 acre adjacent to the Center in effort to give the youth and families in the neighborhood an opportunity to increase their physical activity and combat obesity. The JLCC will fund the improvements at the park. Due to liability insurance requirements of the current lease for the Center, this generous donation by the JLCC would require an undue financial burden on the STIA. In order to continue forward with the playscape and walking trail development and to minimize liability for the STIA, this area will be removed from the lease agreement and dedicated as parkland. A copy of the survey is attached for your review. Antonio E. Garcia was an artist teacher who played a major role in the development of twentieth century visual art in Corpus Christi. As the adjacent center is named for the artist a suggestion was made to dedicate the park in the same name. During the January 13, 2010 Parks and Recreation Advisory Committee meeting the committee approved the dedication of Antonio E. Garcia Park as parkland. The Parks and Recreation Department will work with the STIA and Texas A &M University at Corpus Christi to develop a partnership through the Adopt -a -Park Program for maintenance of the park. Staff recommends City Council approve an ordinance dedicating the area adjacent to the Antonio E. Garcia Center as Antonio E. Garcia Park. -268- ORDINANCE DEDICATING THE APPROXIMATELY .98 ACRE ALE A, LOCATED ADJACENT TO THE BUILDING CURRENTLY OCCUPIED BY THE ANTONIO E. GARCIA ARTS & EDUCATION CENTER, LOCATED AT INTERSECTION OF AGNES STREET AND 17TH STREET, AS ANTONIO E. GARCIA PARK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The approximately .98 acre area located adjacent to the building currently occupied by the Antonio E. Garcia Arts & Education Center, located at the corner of Agnes and 17TH Streets is dedicated as "Antonio E. Garcia Park." A metes and bounds description of the park area is attached as an Exhibit to this Ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010. 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 , 2010, 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: 3, 20r t ,1;7 "40 -- Lisa Aguila Interim Cit ttorney Joe Adame Mayor ANTONIO E. GARCIA PARK STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.98 Acres (42,595 SQ.FT.) of land out of the remainder of Lot 14, Block 4, Lawnview Annex as recorded in Volume 67, Page 86 and Lots 1 -7, Block 9, Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas. This 0.98 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the northeast corner of Lot 15, Block 4, Lawnview Annex as recorded in Volume 67, Page 86 of the Map Records of Nueces County, Texas; THENCE N88 °00'00 "E through Lot 14, a distance of 147.33' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an interior corner of this tract; THENCE NO2 °00'00 "W along the easterly side of a 7' Alley as shown on Plat of the Home Place Addition as recorded in Volume A, Page 14 of the Map Records of Nueces County, Texas, a distance of 202.14' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the northwest corner of this tract; THENCE S67 °50'45 "E continuing along the southerly side of Agnes Street a distance of 30.16' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE N87 °38'10 "E continuing along the southerly side of Agnes Street a distance of 48.61' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE N65 °54' 10 "E continuing along the southerly side of Agnes Street a distance of 32.50' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the beginning of a circular curve to the right; THENCE along said curve having a Radius of 10.00', an Arc Length of 19.56', and a Chord of S58 °02'55 "E a distance of 16.59' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" on the westerly side of Seventeenth Street; THENCE S02 °00'00 "E along the westerly side of Seventeenth Street a distance of 242.12' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the beginning of a circular curve to the right; THENCE along said curve having a Radius of 10.00', an Arc Length of 15.82', and a central angle of 90 °38'00" to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" on the northerly side of Marguerite Street; THENCE S87 °49' 12 "W along the northerly side of Marguerite Street a distance of 66.18' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" at the beginning of a circular curve to the left; THENCE along said curve having a Radius of 228.50', an Arc Length of 67.08', and a central angle of 16 °49'12" to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas "; THENCE S71 °00'00 "W continuing along the northerly side of Marguerite Street a distance of 74.65' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being an angle point of this tract; THENCE S85 °35'20 "W continuing along the northerly side of Marguerite Street a distance of 53.61' to a Found 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas" on the easterly boundary line of said Lot 15, Block 4, Lawnview Annex; THENCE NO2 °00'00 "W along the easterly boundary line of said Lot 15, a distance of 93.32' to the POINT AND PLACE OF BEGINNING and containing 0.98 Acres of land. Bearings are with reference to North Boundary Line of Lots 2 -5, Block 5, Lawnview Addition as recorded in Volume A, Page 13 of the Map Records of Nueces County, Texas. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 7T" day of January, 2009. u Russell D. Ochs State of Texas License No. 5,241 —272— F J co.- 4.114 " RUSSELL- D. OOHS is •090 5241 • BUR 1.13 HIS H1Lt 0 0 N OM NlVMIOS 'DNO3 HUM 31 WA 13311LS HMI VTONIO E. GARCIA PARK DISTANCC1 147.33 202.14 M'd'M inigEgEni 66.18 74.65 1 0cn 0.98 ACRES(42,595 SQ. FT.) ob zO m w O O OD CO z I N 02'00'00" W 1 WW OO Oa in in tN f, cOCO cnz N 65'54'10" E 1 W333� ON000 -ONO O1nOu'30 O.t- NI.. 0nalloOO cntncnlnz Or :— In O N L LINE I J.JJJ74 0 0 -- N L13 L14 to 7r. to 7. r-- -273- 17 NO ATTACHMENT FOR THIS ITEM 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 19, 2010 AGENDA ITEM: RESOLUTION APPROVING PREPARATION OF ORDINANCE TO CHANGE FY 2009 -2010 OPERATING BUDGET DUE TO PROJECTED DECLINE IN SALES TAX REVENUES, BY DECREASING EXPENDITURES AND REVENUES IN THE GENERAL FUND NO. 1020 BY $5,897,604. ISSUE: Declining sales tax revenue in the first five months of the fiscal year has necessitated decreasing expenditures in many General Fund departments. The reductions and their impact are listed in the attached Exhibit A. REQUIRED COUNCIL ACTION: Approval of Ordinance to decrease revenues and expenditures is recommended. PREVIOUS COUNCIL ACTION: CONCLUSION AND RECOMMENDATION: Attachments: Exhibit A 44, Eddie Houlihan Assistant Director of Management & Budget EddieHo @cctexas.com (361)826-3792 BACKGROUND INFORMATION At the December 15, 2009 City Council meeting the Council was informed that sales tax revenue was $1,254,000 less than budgeted amounts for the first quarter of FY 2010. Council was also informed that the fourth month of sales tax revenue was recently received and unfortunately the downward trend continued and sales tax revenue through 4 months was $1,800,000 less than budgeted amounts. Staff informed Council that a budget amendment ordinance would be forthcoming for Council consideration in January 2010. Since the December 15 meeting an additional month of sales tax has been received and through five months sales tax revenue is now $2,300,000 less than budgeted amounts. If this trend continues for the remainder of this FY the loss would be approximately $6,600,000. -282- � a) 0 0 C11 _ 0) th tN 0 U q 0. .0 0 § w % E 2� U « ■ ■ 0 et_ 0 a Other Taxes . 'General Government Salary budget over estimated; operating costs reductions Operating costs reductions Operating costs reductions Savings thru January 17, 2010 Operating costs reductions DC lobbyist 10% voluntary reductions Freeze position Savings while vacant Vacancy savings, operating cost reductions Vacancy savings, temporary services, overtime Vacancy savings, operating cost reductions, overtime Operating costs reductions Revenue Adjustment ADA Assessments on Bond Projects Freeze position Freeze position Freeze position Operating costs reductions Tuition Reimbursements Operating costs reductions 'Fire Alternative hiring has reduced overtime expenditures Eliminate participation in weekend and after -hours public events. Reduce level of fireworks enforcement. Eliminate printing of annual hurricane brochures. Eliminate all advertising for recruiting and public education. Defer various purchases. p et 2 � Sales Tax Total Other Taxes 1 Mayor's Office City Council Business E 2 < A" Q Deputy City Manager City Manager Intergovernmental Relations Sr. Management Assistant - Economic Development Director of Economic Development Public Information k a)0 r Z'(2 QE c Human Relations - operating Human Relation additional HUD revenue Human Relations Bond Fund Reimbursement Revenue L Human Resources Technician Sr. Human Resources Analyst Staff Assistant - Human Resources Human Resources c # e Museum - operating Total General Government Fire Stations Fire operating costs Total Fire (6,600,000) 1 0 S a 17,700 3,900 21,600 ' . 1 (17,935) mo P■o=MD 0 /3aRo <0 «MO nR0 0 1 (31, 763) 1 (32,355) 1 (23,217) 1 (15,631) ?2 0o 9c o) 1 (18,982) 1 1 (43,517) 1 (10,581) 0001. moo03 wNa_ a® co ; (100,000) (109,000) O o o o « Cq n #n owC=0- CV n #to e¥=CD 0& qq d O a u To be realized from savings on salary & retirement costs 1 To be realized from replacement (new) radios being issued by Nextel free of charge due to rebanding which will save the department from having to purchase new radios To be realized from savings on fuel & vehicle maintenance costs. Will use drug forfeiture /grants funds to purchase body armor as needed. Purchased new streamliights via JAG grant. Will repair and /share office equipment as needed. Will use drug forfeiture /grants funds to purchase raid jackets as needed. Will use drug forfeiture /grants funds to purchase equipment as needed. Will lease cheaper units. Will use drug forfeiture funds. Vaccines are up to date for other than the 15 upcoming cadets, . Civilian overtime will only be incurred on an emergency basis Savings due to less being paid to vendors for towing services. Will use drug forfeiture /grants funds to purchase equipment as needed. Savings from limiting accessory items. Replacements will be delayed to FY 2011. Two months of salary & retirement costs will be pushed into FY 2011. Current inventory at an acceptable level. Will utilize drug forfeiture /andgrant funds for required training. Expect new Nextel radios to reduce repairs. Purchases made in FY2009 System scheduled to be upgraded. Placed on Hold. Lease /purchase of system delayed for later in the FY. [Savings from repairing and reusing pre -owned items. Will repair meters instead of replacing them with newer models. 0 d Z [Freeze position Reduce Temporary position from full -time to part-time Library Services 'Freeze position Freeze position Reduction of 2 FTE's tiQ Delay Training Academy by 2 months Savings realized on Nextel rebanding Reduce take home vehicles by 22 1 Reduce body armor purchases from 64 to 20. Will not purchase new flashlights or replacement parts. Will not buy office equipment. f Will not buy raid jackets. Will not buy undercover wires, cameras, etc. Lease Vehicles Confidential /Informant Funds Hepatitis B Vaccines for 15 instead of 25. Overtime Towing down 13% for first quarter. No cameras Savings on clothing purchases. Savings on purchase of penal code books. Academy graduation delayed to FY2011 Taser Purchases - Will not buy more. Training & Travel Equipment maintenance Critical Software Positron maintenance. Public. Education Program Positron payments - Less than budgeted. Clothing - General reduction. Parking meter replacement Total Police Health Education Technical Low Cost Spay Neuter Clinic - Lab Tech Total Animal Care Services Account Clerk Principal Library Aide Managing Librarian and Librarian Total Library Services I 1 (120,000) [ o o O O v 0 O 0 O (15,000) 0 O 0000 O 0 O c 0 O v 0 O c6 (10,000) 0 O 00 v 0 O v I (5,000) 1 (15,000) 0 0 000001410 L 0 0 r 0 0 CO 0 0 - 0 0 co- 0 0 4- 0 0 Ov 1 (20,000) 1 (1,400) 1 (6,000) 0 O 0 0 O L, N- (10,000 (542,400) Animal Care S (28,828) (45,676) - (11,428) o N co M (37,859) P- 0 C) v N N CD r CO 0) 0 r N M V 14) (O N. CO CA 0 — N M 14) CO � CO Q) N N N N M M M M M M co co M M Nr d' d' d' st - 1- V' O N In 14) LO Parks & Recreation Freeze 7 positions at Neighborhood Parks - Routine springtime maintenance delayed, extended mowing cycle, longer gaps between mobile crew visits to parks, slowed response time to special requests and customer complaints. Sanitation will revert to twice a week for neighborhood, regional and pocket parks. Freeze 5 positions in Tourist District, Bayfront Parks, North Beach - Routine springtime maintenance delayed, extended mowing cycle, longer gaps between mobile crew visits to parks, slowed response time to special requests and customer complaints. Louisiana Pkwy, Timon Blvd, Swantner and Doddridge will be placed on a 14 -day mowing cycle. Freeze 1 position, will hire temporary as needed Freeze 1 position, duties divided among existing personnel Freeze 1 position, duties divided among existing personnel Freeze 3 positions, sanitation crew for seawall & bayfront Freeze 2 positions, Special activities, events and rentals. Freeze 1 position at Oso Recreation Center- rotate remaining personnel Freeze 1 position - Duties divided among remaining personnel. Freeze 1 position, eliminate special activities, events and rentals. Freeze 1 position, liaison for ACC, arts programs and events 'Reduce or eliminate employee training, travel and memberships Reduce 2 FTE's (currently filled), slower response - neighborhood parks Reduced or non - existent irrigation at neighborhood parks city wide, increased visibility of weeds, brown grass. Less materials needed due to reduced irrigation Reduce 1 FTE (currently filled), no support for Veterans Band, Buc Days, Boat Show, etc. Reduce 3.75 FTE's (4 RIF'd: 3 FT & 1 PT) Relocate 2.75 FTE's. Clients will go to Greenwood Sr. Center, will also be evaluated for home delivered meals, (Employees moved to other positions within Sr Cntrs). Approximately 55 clients affected. [Reduce .75 FTE Close at beginning Summer 2010, participants moved to Greenwood Pool Eliminate low useage hours at all pools � � A Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park Operations Technicians Park O•erations Technicians Equipment Operator Program Manager Recreation Coordinator I Seasonal Laborers Recreation Leaders Building & Grnds Custodian 11 L Senior Account Clerk A Senior Recreation Leader Program Coordinator Discretionary Spending Mobile horticulture services -Park Operations Technicians Move 2 FTE's from Park Ops Irrigation to Park Construction to be reimbursed by Bonds, etc. L Reduce Park Ops Irrigation Materials Reduce Special Events Support Activities Reduce weekly hours at all 5 Rec Centers by 12 to 25 hours, One center reduced by 25 hours, 4 centers reduced by 12 hours Close Zavala Senior Center No Noon Fitness Activity at Ben Garza Gym Close Joe Garza Pool Reduce weekly hours at all pools by 10 to 29 hours Total Parks & Recreation Revenue a Excpense ƒCOIF /NQ - f0R c.6nwo &&&1«N- (21,184) (24,326) (43,879) (32,379) (10,581) 1 (28,688) (47,181) ,-CO \cN, =oe a— . L (11,372) CO(0)0 •- #Nw¥ 0 c0 S, (24,645) (24,645) 0 Rw ae (61,801) (40, 000) NtCOCO2 Roman o)ON _ ., o wcoo - N Li) cwm co m r LC) m00000c000 CO 1E w OD W O O Go N CO Impart, - Freeze position. Some duties temporarily assigned to another employee Freeze position. Someone in Acting capacity, shared duties with Storm Water Contract Administrator and Street Work Coordinators, this limits the time for them to oversee their field crews. Freeze position. A Street Maintenance Foreman is in Acting capacity, and as needed (based on number of crews available) other employees may be temporarily assigning acting foreman /crewleader to fill his place. Freeze 4 positions. Not filling these positions causes crews to be reduced in size and /or number and limits productivity. When personnel is not available to form proper size work crews, smaller crews are formed and are used on pothole repair or other repair work. Overall this means less focus on base failures and level -up work. 'Use of overtime will be for emergency situations only. Reduction in overtime will reduce the capacity to respond to non - emergency situations. Will not be able to: schedule extra crews for pothole repairs; work extended hours to finish special projects, projects in high traffic areas or projects underway with bad weather approaching, or reduce large backlog of street repair work requests /complaints. This reduction would be for the remainder of the fiscal year. Street maintenance involves several different types of work such as potholes, base failures, level -up, and seal coat. Material volumes and costs of those materials can be controlled by prioritizing the type of work that requires less materials and minimize the work that requires greater amounts of materials. We would concentrate efforts to minimize hot mix usage (base failure and level -up work) and still provide beneficial street maintenance. We would increase more surface /skin patches over pothole cluster areas. A skin patch uses minimal amount of material and will smooth out and seal the area thus helping to prevent reoccurrence of new potholes in the same area. Entities can contract the traffic control for events through private contractors. Eliminating this activity would result in reduced overtime costs and improved productivity on core business. F o v, 0 Administrative Manager - Street Office & Yard Planner /Scheduler - Street Services Sr. Street Foreman - Street Utility Cut Repairs Truck Operator - Street Utility Cuts Repairs Truck Operator - Street Utility Cuts Repairs Truck Operator - Street Utility Cuts Repairs Laborer- Asphalt Maintenance Reduce overtime - Street Signs & Markings Reduce overtime - Street Reconstruction Reduce overtime - Street Utility Cut Repairs Reduce overtime - Street Asphalt Maintenance Street Services Street Services - Eliminate Special Events Traffic Control for non -city events Total Street Services Street Services 1 Revenue 1 Expense. 1-75-7771 (34,401) (20,764) (13,515) (13,785) (13,785) (10,581) (13,765) (25,956) (6,082) (29,174) o 0o o N (32,795) m v ui d' OD W O O Go N CO co 7 2 2 2 $$ S0) co E Freeze 8 positions. These positions have been held open to minimize the number of personnel affected by reduction in force planned to begin in May 2010, to coincide with programmed changes to the recycling and garbage collection programs. As a result of not filling the positions, we've incurred additional overtime expense, but this was anticipated and has been effectively managed by our department. The impact of not filling the position cannot be determined until a decision is made as to whether or not we are proceeding with the enhanced recycling and once per week garbage collection programs. Reduce 23 FTE's \ \ k Freeze Staff support to our Code Enforcement Division by providing a Records Management component which is critical to processing citizens concerns and complaints and having information available for the legal process of Code Enforcement Freeze Staff support to the Director of NSD, provides a critical function to the daily operations, responsibilities to the Type A Board and functions as the NSD Records Management Liaison Freeze position which supports Core Code Enforcement function to the community; without this position response time to citizens complaints and concerns are delayed, other PA's are given additional census tracts to provide core services in; which creates a delay in processing citizens concerns and complaints. Operating expense reduction Reduce position - Less effort focused on illegal sign activity. Activity may be incorporated into another department. Transfer to Development Services Minor overall decreases in customer responsiveness and minor overall decreases in responsiveness to requests from central City support functions such as the Call Center, Legal, & Budget, etc. Less opportunity for staff development. Solid Waste Operations +.. 0 . 0 � � Heavy Equipment Operator- JC Elliott Transfer Station Heavy Equipment Operator - Refuse Collection Heavy Equipment Operator - Refuse Collection Heavy Equipment Operator - Refuse Collection Heavy Equipment Operator - Refuse Collection Heavy Equipment Operator - Refuse Collection Refuse Collector Sanitation Foreman - Brush Collection Eliminate Recycling Program effective February 1, 2010 Total Solid Waste Operations Sr. Account Clerk Sr. Management Assistant Property Advisor Neighborhood Services - transfer costs to CDBG funding source Reduce Property Advisor - Sign Sweep activity Total Neighborhood Services Charge ACM Development Services to utilities Development Services - Minimize use of consultant services for building plan review and permitting services. Reduce training, travel Total Transfer to Development Services cu Aw « # n n c« r- .- *�ww¥m cf�f== =,- wwawwwwe annnnnCs.' N 1 (768,000) (1,033,642) Neighborhood (12,400) R n w w P. c n o L 1 (55,400) R ( o « (156,561) 0 ID om ee f� 0 Tr 0 et CD csi V) co 7 2 2 2 $$ S0) x w Engineering Services Freeze Position Duties - absorbed by other employees Freeze Position Duties - absorbed by other employees Minor reduction in operating expenditures - no significant impact Minor reduction in operating expenditures - no significant impact Offset Traffic Signals Equipment Purchases with Bond proceeds Non - Departmental 'und Departments 1 Reduce to $.40 per mile Unpaid day for all civilian personnel 5,897,604 Expenditure Reductions 702,396 Revenue Enhancements ... - Description ,. Administrative Assistant - Traffic Engineering Engineering Associate - Traffic Engineering Traffic Engineering - Clothing Traffic Signals - Clothing, training, travel Traffic Signals equipment Total Engineering Services Eliminate Gen Fd transfer to Main Services for Equip replacement United Way Reduce Reserve Appropriations Total Non - Departmental Reduce hours of part time positions to eliminate TMRS contributions Reduce amount paid per mile for mileage reimbursement Change call -back rule of payment to Tess than 3 hours Distribute Maintenance Services auction $ to departments Industrial District revenue not budgeted MIS budget reductions Computer leases lower than budgeted Furlough Day civilian employees only Total All General Fund Departments Total Adjustment Revenue I 1 (0 O) N O 0) 0 O O O 0) in 680,796 Expense 1 (28,487) co I- O 1 (400) O O 1 (141,585) 1 (225,258) (677,764) O() (0 co co 0) (O 11 O N 10 1 (47,000) O 0 1 1 (30,000) 1 (513,283) 0 0 1 (150,000) (785,789) (5,897,604) 0) CO 0)) a) 0) 0)) 00) 0) o -NC) - (0(OI- 0 0 0 0 0 0 0 0 ...... �- r Page 1 of 1 RESOLUTION APPROVING PREPARATION OF ORDINANCE TO CHANGE FY 2009- 2010 OPERATING BUDGET DUE TO PROJECTED DECLINE IN SALES TAX REVENUES, BY DECREASING EXPENDITURES AND REVENUES IN THE GENERAL FUND NO. 1020 BY $5,897,604. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager shall prepare ordinance for City Council consideration at meeting on January 26, 2010, to change the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 due to projected decline in sales tax revenues, by decreasing expenditures and revenues in the General Fund No. 1020 by $5,897,604. SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 14, 2010. Lisa Aguilar, interim City Attorney H: \LEG- DIR \Lisa12010 Resolutions \Resolution Budget adj 1- 19.docx —289— Joe Adame Mayor Corpus Christi, Texas of , 2010 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 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION January 19, 2010 AGENDA ITEM: Convention and Visitors Bureau (CVB) Quarterly Report STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Keith Arnold CEO CVB 2. 3. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information n 1. C4,0 QJ 0 N to U o- 0 n ` 0 a Z v v 0 CC, 'S (J k 41 0 0 v 9J 0 0 v v e 9J 0 0 Corpus Chr; s6' • z • q, b 0 0 � 0 Qi 0 v e S V n 0 0 b 0 , h ✓ � h ✓ -IQ 0 fi fi 0 k v 9J qj QJ co 2 fi W v I ; 1 0 qj 0 fi z Q1 Q1 rii a b k o 1) k b b k rii rii rii -v NJ qJ 0 0 (1, Ci-‘) . S i 1, oN° cz-) QJ k) o . ?) 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