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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
/
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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
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PLANNING.CITYLIMITS
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CmwbnDNe: OVJIW2009
Printing Date: O610/2009
Filc: H :%PLN DIRISHARE'DIGIS Proj.U+WAMp uAProposed River Hill EM
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LOCATION MAP!
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City of
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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
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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'
•-•
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'1
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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
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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—
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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—
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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
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—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—
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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—
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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.
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—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
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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—
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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.
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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.
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—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
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-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
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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.
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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
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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
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§ — -S
Ru.u.
;MART GROWTH COMPARISON: Poiicc. .sted below are taken from `Getting to. 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-
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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
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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
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ACTTONS.doc
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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
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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
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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
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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.
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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 , .
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L.,,, Na.
./:;,... t. 0 F 7. It 1- _ --. .— —
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,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
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-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-
�
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0
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0
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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_
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;
(100,000)
(109,000)
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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
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O
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v
0
O
0
O
(15,000)
0
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0
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0
O
v
0
O
c6
(10,000)
0
O
00
v
0
O
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I (5,000)
1 (15,000)
0
0
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L
0
0
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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,
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(10,000
(542,400)
Animal Care S
(28,828)
(45,676)
- (11,428)
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(37,859)
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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
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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)
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.
L (11,372)
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0
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(24,645)
(24,645)
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(61,801)
(40, 000)
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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
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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)
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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
\
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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
�
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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
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1 (768,000)
(1,033,642)
Neighborhood
(12,400)
R
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1 (55,400)
R
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(156,561)
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ID
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0
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2
2
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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)
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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
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