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HomeMy WebLinkAboutAgenda Packet City Council - 02/09/2010February, 9, 2010 ta t /RN/17% hr. .4111 asraitizosmil 11:45 A.M. - Proclamation declaring the week of February 14- 20,2010 as "National Engineers' Week" Proclamation declaring the month of February, 2010 as "Career and Technical Education Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 9, 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 tree que su ingles es limitado, habre un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor David Lewis, Bayshore Bible 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 Chris N. Adler Council Members: Brent Chesney City Manager Angel R. Escobar Larry Elizondo, Sr. Interim City Attorney Lisa Aguilar Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting February 9, 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 26, 2010. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. • Committee for Persons with Disabilities * Community Youth Development (78415) Program Steering Committee * Corpus Christi Aquifer Storage and Recovery Conservation District (Confirmation of Officers) * Joint Land Use Study Committee * Mechanical / Plumbing Advisory Board * Senior Companion Program Advisory Committee 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.) Agenda Regular Council Meeting February 9, 2010 Page 3 3. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept a grant of $139,842 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents; and ratifying acceptance of the grant agreement to begin January 1, 2010. (Attachment # 3) b. Ordinance appropriating a grant of $139,842 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. (Attachment # 3) 4. Ordinance appropriating payments from Nueces County, in the amount of $15,500, and from the City of Corpus Christi, in the amount of $7,750, in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the board. (Attachment # 4) 5. Resolution authorizing the Beeville Water Supply District to sell wholesale water to Blueberry Hills Waterworks, LLC, subject to certain conditions. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $594,295 for the Southmoreland Addition Street Improvements, Phases 3B and 4B, Part 2. (CDBG -R) (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Stridde, Callins & Associates, Inc., of Corpus Christi, Texas, in the amount of $74,067 for design, bid, construction, phase and additional services for Rehabilitation of City /County Health Department Facility. (BOND ISSUE 2008) (Attachment # 7) 8. a. Motion authorizing the City Manager to enter into an outside city limits water contract with Derek and Esmeralda Henderson to provide public water to their property located outside the city limits on Lot 15, Block 7, London Club Estates under Section 55 -111, Code of Ordinances. (Attachment # 8) Agenda Regular Council Meeting February 9, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion authorizing the City Manager to enter into outside city limits water contracts with the property owners in London Club Estates to provide public water to their respective properties located outside the city limits without bringing each agreement to the City Council for approval under Section 55 -113, Code of Ordinances. (Attachment # 8) 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 Govemment 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: 9. Case No. 0110 -01, Anthony's Aveda Concept Salon: A change of zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District on the property described as Sunnyside Strip, Lot 13 and Lot 14A, generally located on the corner of Jaquelyn Drive and Everhart Road, approximately 400 feet northwest of the intersection of Everhart Road and Staples Street. (Attachment # 9) Planning Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Anthony's Aveda Concept Salon, by changing the Zoning Map in reference to 0.33 acres out of Sunnyside Strip, Lots 13 and 14A, from "AB" Professional Office District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. Agenda Regular Council Meeting February 9, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Case No. 0110 -02, Ed Hicks Imports, Ltd.: A change of zoning from the "R-1B" One - family Dwelling District to the "B-4" General Business District on the property described as a 2.243 Acre Tract of Land out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally located southeast of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road. (Attachment # 10) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Ed Hicks Imports, Ltd., by changing the Zoning Map in reference to 2.243 acres out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, from "R- 1 B" One - family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 11. Case No. 0110 -03, Yorktown Oso Joint Ventures: A change of zoning from "R -1 B" One - family Dwelling District to the "R -1 C" One- family Dwelling District on the property described as a 3.019 acre tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of Rodd Field Road, west of Peterson Drive, and approximately 850 feet southwest of Yorktown Boulevard. (Attachment # 11) Planning Commission and Staffs Recommendation: Approval of the "R -1 C" One - family Dwelling District. Agenda Regular Council Meeting February 9, 2010 Page 6 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Ventures, by changing the Zoning Map in reference to 3.019 acres tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, from "R -1 B" One - family Dwelling District to "R -1 C" One - family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty, and providing for publication. K. REGULAR AGENDA: 12. Motion authorizing the City Manager or his designee to execute an amendment to the service agreement with Dolphin Sales and Service, Inc., doing business as Dolphin Recycling, to revise the amendment to recognize a conditional 15 -year term, set a minimum monthly volume of recycling, establish fees and rebates, and modify other contractual provisions. (Attachment # 12) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 13. Proposed Amendments to the Adopted Urban Transportation Plan and the Adopted Future Land Use Plan (Attachment # 13) 14. Status report on City Master Plan Updates and the Adoption of the Unified Development Code (Attachment # 14) 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.) Agenda Regular Council Meeting February 9, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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 ' ©0 p.m., on February 4, 2010. 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 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 26, 2010 - 10:00 a.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 Mr. Brian Smith with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Kevin Kieschnick. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of January 19, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame opened discussion on Item 2 regarding an amendment to the FY2009 -2010 Operating Budget due to the projected decline in sales tax revenues. City Manager Escobar stated that staff is recommending $6.6 million in budget cuts based on recommendations and alternatives from the City Council and staff. Mr. Escobar added that staff is monitoring the current shortfalls and determining long range plans to save money for next fiscal year. Mr. Escobar reported that the measures approved today will continue to be monitored on a monthly basis. Assistant City Manager Oscar Martinez provided a presentation on what other cities in Texas are doing; the items that were restored based on discussions held on January 19th; council direction and staff alternatives for consideration; and staff recommendations. Mr. Martinez announced that staff was recommending no additional furlough days than originally recommended. Assistant Director of Management and Budget Eddie Houlihan, Interim Assistant City Manager Cindy O'Brien, Interim Director of Financial Services Constance Sanchez, and Director of Human Resources Cynthia Garcia were available to respond to questions. Council Member Elizondo requested a hard copy of the information provided by Mr. Martinez regarding what other cities in Texas are doing. Council Member Leal requested information on cities comparable to Corpus Christi including Lubbock and El Paso. The following topics pertaining to this item were discussed: the shortfall for the City of San Antonio; an explanation of furlough days; the cost savings for shutting down City services for one day; certification training; and the elimination of add pay. Minutes — Regular Council Meeting January 26, 2010 — Page 2 Mr. Martinez stated that staff is also making considerations for next fiscal year including zero based budgeting; acceleration of an energy conservation program; working with the police and fire unions; the benefits of a four (4) day work week; consolidation of departments; the health insurance program; reviewing purchasing and fleet service contracts; reviewing the salary and compensation package; reviewing the Texas Municipal Retirement System (TMRS); alternatives for a retirement program; outsourcing of park maintenance, Human Resources Department, and recycling; closure of parks; involvement of an outside advisor /auditor; reconsideration of the smoking ordinance and the fiscal impact; and removal of downtown parking meters. Council Member Chesney stated that he did not support any additional furlough days. Mr. Chesney spoke regarding the City's contribution for health insurance; the reason the Assistant City manager and Economic Development Director positions were not eliminated; legal options for pursuing the funding from the Appraisal District; and the surcharge fee for recycling. Mr. Chesney requested information on the rate of return for the Economic Development Department and the Corpus Christi Regional Economic Development Corporation (EDC). Council Member Elizondo spoke regarding the furlough days; revisiting the goals of the Council and making necessary adjustments; the increase in the employee portion of health insurance; the recovery of surplus from the Appraisal District; reevaluation of programs; and soliciting suggestions from the community and employees on cost savings. Council Member Elizondo recommended that staff hold a metropolitan summit with other governmental entities to work together on issues. Council Member Leal stated that she was glad that staff was evaluating a four (4) day work week and suggested that the recommended furlough day be considered for the Monday after Easter if approved. Ms. Leal also spoke regarding the City Attorney vacancy; eliminating the position of Deputy City Manager; surveying the employees to determine how many would elect to drop their insurance because of increased costs; the City's contribution to the health insurance; applying a $1 surcharge for recycling; recovering the $400,000 from the Appraisal District; the elimination of an Assistant City Manager position; aggressively pursuing delinquent ad valorem taxes; and collecting franchise fees. In response to Council Member Leal, Mr. Martinez stated that there would not be a saving for holding vacant the City Attorney position because the Legal Department is over-budgeted. Ms. Leal offered to hire a Certified Public Accountant (CPA) to review the financials to advise the City on how to alleviate some of the budgetary problems. Council Member Scott asked staff questions regarding the recommendations that would only be one -time solutions. Mr. Scott spoke regarding the long term effects the economy will have on the City's sales tax revenues and ad valorem taxes; the health insurance deductibles; the reason the City would delay a bond sale; what other cities are spending for economic development; and scheduling a meeting with the Appraisal District. Mr. Scott made a motion to direct the City Manager to send a letter to the Nueces County Appraisal District on behalf of the City Council requesting the City's surplus money. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler abstained. Council Member Adler thanked the City employees fortheirwork. Ms. Adler spoke regarding the importance of recycling and having a local advisor assist the City on how to make additional budget cuts within the next two months. Minutes — Regular Council Meeting January 26, 2010 — Page 3 Council Member Martinez requested that staff provide the long term recommendations to what other cites in Texas are doing. Ms. Martinez spoke regarding outreach to City employees for input on departmental savings; the return on investment from the Economic Development Department and the EDC; the recovery of funds from the Appraisal District; and the City's long term challenges and next steps. City Manager Escobar stated that the City will receive input from outside auditors on how the City should operate; reorganize and shift the focus on how the City does business; and continue to stay conservative on projections. Ms. Martinez recommended developing a strategic plan for the short and long term within the next quarter. Council Member Kieschnick spoke regarding a zero based budget; reorganization; and recovering the funds from the Appraisal District. In response to Council Member Kieschnick, Mr. Martinez stated that staff would provide a plan for recommendations on significant changes for reorganization within the next two weeks. Council Member Marez spoke regarding the employee concems on furlough days and health insurance premium increases. Mr. Marez thanked the Budget Committee, Administration Committee and staff fortheirwork. Mr. Marez clarified that as a State employee he is not allowed to receive his Council salary and is redirecting that funding to the general fund this year instead of to a non - profit organization. Assistant City Manager Martinez stated that if the Council desired, they could take funds from the General Liability fund to offset the furlough day. Mayor Adame thanked Assistant City Manager Martinez and staff for their work on the budget and all the staff attending the meeting. Mr. Adame stated that anytime there is a downturn in the economy, it is important to maintain a good spirit and there are projects and opportunities out there to create additional revenues. Mr. Adame reported that the City is not the only one affected by the expense in health care and property insurance. Mr. Adame asked staff to look at the surplus real estate. Council Member Martinez made a motion to amend the ordinance to accept staffs recommendations as presented. The motion was seconded by Mr. Kieschnick. 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 called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Council for their comments and the work of the committee members and spoke regarding the need for economic development. June Martinez, 4014 Herndon, spoke regarding the effect of furlough days and health insurance increases on city employees; receiving departmental input from employees; requesting that fire and police delay increases; and revenue generating ideas. A brief discussion ensued regarding a program in promote employee input. Claude Nowlin, City Employees Association, asked that the Council consider not including a furlough day or increases in health insurance for City employees. Mr. Nowlin recommended increasing the recycling fee so that the entire community can pay for recycling. Sandra Perez asked the Council to reconsider the furlough day and increasing insurance premiums. Maricela Cueves asked the Council to reconsider the insurance premium increase and furlough days and challenged the Council to find other options for funding. Priscilla Garza spoke in opposition to increased benefits and furlough days and asked the police and fire unions re -open their contracts. Ms. Garza requested the hurricane mandate be changed for city employees if the furlough days are approved. Verna Townsend, 4810 Dody, spoke regarding furlough days and health insurance increase and urged the council- tpjconsider the employee's ability to support their Minutes — Regular Council Meeting January 26, 2010 — Page 4 families instead of funding recycling. Maria Gonzalez, 1813 Amazon, stated that the City employees present at the meeting used their own leave to attend today's meeting and spoke regarding the elimination of cell phones; insurance increases; and asking the departments to reduce their expenditures by 20% or more. Toby Flores, 2746 Dixie, asked the Council to not pass furlough days and insurance increases for employees. Mr. Flores recommended that the City not use contractors for wastewater projects and purchase equipment instead of renting to save money. Tessy Garza, 3005 S. Staples, challenged the City Council and staff to look at other creative ways to reduce the budget and to reconsider furlough days. Alma Casasspoke regarding working in the Finance Department; insurance; suggested changes to TMRS benefits; and furlough days. Stacy Richards stated thatwhile she has sympathy for city employees, the private sector has already faced the challenges the City is going through. Joe Martinez spoke regarding skill based pay and furlough days. Sheila Cudd, 7106 Ft. Collins, says she is sympathetic to city workers but asked the Council not to do away with recycling. Stephanie Saenz spoke regarding options for recycling to prevent city employees getting furlough days. Carolyn Moon, 4902 Calvin, stated that the City should hold off borrowing money in the future. Mr. Chesney made a motion to remove the recommended furlough day and instead reduce the Assistant City Manager position and the remaining car allowance, which includes City Council in the amount of $150,000; and to create an employee input committee on how to run more efficiently with a mechanism to allow employees to make suggestions anonymously. The motion was seconded by Ms. Leal. The following topics regarding this motion were discussed: the employee fear of retaliation; the car allowance for City Council members; delaying the increase to health insurance premiums; taking additional funds out of the general liability rebate; and the Assistant City Manager Position. Mr. Scott made a motion to amend Mr. Chesney's motion to not eliminate the Assistant City Manager position and reduce the general liability fund rebate. The motion was seconded by Ms. Martinez. Mr. Chesney stated that he did not support amending his motion. A brief discussion ensued regarding the need for the Assistant City Manager position and increasing the recycling fee. Mr. Chesney withdrew his motion. Mr. Scott made a motion to eliminate the furlough day and make up the difference with eliminating the additional car allowance and reducing the general liability. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Ms. Leal made a motion to eliminate the health insurance increase and take the funding out of the general liability rebate. The motion died for lack of second. Mr. Chesney made a motion to direct the City Manager to come back within 30 days to create a system for employee, input on cost savings. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 028467 Ordinance amending the FY2009 -2010 Operating Budget adopted by Ordinance No. 028252 due to projected decline in sales tax revenues of $6.6 million, by adjusting expenditures and revenues in the General Fund, and various Internal Service, Enterprise, and Special Revenue Funds; and declaring an erneK94acy. Minutes — Regular Council Meeting January 26, 2010 — Page 5 An emergency was declared, and the foregoing crdinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". (This ordinance was reconsidered at the end of the meeting.) * * * * * * * * * * * * * Mayor Adame announced the executive session, which was listed on the agenda as follows: 11. Executive Session regarding former Municipal Juvenile Court Judge under Texas Government Code Section 551.071 Consultation with Attorney with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 4 - 10). Mr. Raul Ortiz requested that Item 7 be pulled for individual consideration. Council members requested that Items 9 and 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2010 -024 Motion approving a service agreement with ISS Facility Services, of Corpus Christi, Texas for custodial service for the Frost Building in accordance with Bid Invitation No. BI- 0171 -09 based on best value for an estimated annual expenditure of $63,186.84 of which $31,593.36 is required for FY 2009 -2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. Funds have been budgeted by Building Maintenance in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. ORDINANCE NO. 028469 Ordinance appropriating $170,272.66 from Nueces County in the No. 1061 Police Grants fund for funding eligible under the FY 2009 Operation Stonegarden Grant Program, to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U. S. Highway 77 and State Highway 44. 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 ". RESOLUTION NO. 028470 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $517,268 to the State of Texas, Criminal Justice Division of the Governor's Office for funding eligible under the FY 2009covery Act - Edward Byrne Memorial Justice Minutes — Regular Council Meeting January 26, 2010 — Page 6 Assistance Formula Grant, to be used for the purchase of equipment and sworn officer overtime in an effort to disrupt gangs as well as the trafficking of illegal drugs, contraband, and human beings. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. RESOLUTION NO. 028471 Resolution authorizing the formation of a Joint Land Use Study Committee to address land use compatibility next to or associated with flight patterns from Naval Air Station Corpus Christi, Cabaniss Field and Waldron Field and, directing staff to prepare a joint land use study grant application for review by the committee and for submission to the Office of Economic Adjustment of the Department of Defense. 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 the McNorton Channel Improvements - Phase 1, Gilliam Street Improvements project. Raul Ortiz, Salinas Construction Technologies, asked questions regarding the reason Salinas Construction Technologies was not recommended award of this contract since they were the low bidder. Director of Engineering Services Pete Anaya explained that the bidding process is based on price and review performance. Mr. Anaya added that due to the previous performance by Salinas Construction on the Garcia Arts CDBG Project and Greenwood projects, staff concluded to disqualify Salinas Construction. In response to Council Member Elizondo, Assistant City Attorney Veronica Ocanas stated that the City is not authorized to pre - qualify bidders; however, the City can analyze each bidder and can disqualify the bidder based on provisions in the bid documents. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2010 -025 Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LLC of Aransas Pass, Texas, in the amount of $471,941.75 for McNorton Channel Improvements — Phase 1, Gilliam Street Improvements for the Total Base Bid Part A, Part B, Part C and Part D. 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 9 regarding the approval of a business incentive agreement with First American Corporation. Emily Martinez, Economic Development, stated that this item is the approval of a business incentive agreement with aFirst American Corporation for a total investment amount of $5.2 million for 400 jobs created in the area. Ms. Martinez provided the Council with a revised draft of the contract. Ms. Martinez introduced J.J. Johnston and Mike Culberson with the Corpus Christi Regional Economic Development Corporation who were available to respond to questions. The following topics pertaining to this item were discussed: the reason this item was on the consent agenda and the number of jobs available for local residents. Abel Alonzo, 1701 Thames, stated that he was a strong supporter of economic development and the improvement to the community. City Secretary Chapa polled the Council for their votes as follows: —6— Minutes — Regular Council Meeting January 26, 2010 — Page 7 9. RESOLUTION NO. 028472 Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and the First American Corporation for the creation and retention of jobs and authorizing the City Manager or his designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the First American Corporation Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame and Chesney abstained. Mayor Adame opened discussion on Item 10 regarding the establishment of the Island Strategic Action Committee. Ms. Martinez stated that the Mustang -Padre Island Development Plan calls for the establishment of a Strategic Action Committee to aggressively pursue the implementation of the plan. Ms. Martinez provided a copy of the application. Ms. Martinez provided a brief overview of the composition of the committee. The following topics pertaining to this item were discussed: how the application will be obtainable; concerns with a representative of the Island United Political Action Committee (PAC) member on the board; whether the environment group should be specified; increasing the composition; the duties of the committee; the exception that four members of the action committee do not have to be residents of the City; and the reason the ad hoc committee was never formally established by the City Council in April 2004. Mayor Adame called for comments from the audience. John Adams, 307 Katherine, stated that he has an issue with a PAC member being part of any City commission or committee and the exception of having non - residents. Mr. Adams also stated that the Mustang- Island Area Development Plan should be amended to reflect the current projected growth rate for that area. Carolyn Moon, 4902 Calvin, spoke regarding having a PAC member on the committee and having outside residents on the committee. Dan Winship, 13509 Queen Johanna, stated that he had no objections to a PAC representative and stated that one member would not have that much effect to influence an entire committee. Mr. Winship added that excluding a PAC member would not be the right thing to do. John Kelley, 413 Waco, stated that having a PAC representative is setting a dangerous precedence and that the committee composition does not have diverse representation of the City. Ms. Martinez made a motion that the PAC representative be replaced with an additional environmental representative. The motion was seconded by Ms. Leal. A brief discussion ensued regarding considering representatives that live outside of Padre Island and diversify the committee. Ms. Martinez withdrew her motion. Mr. Elizondo made a motion to eliminate the PAC member; increase the representative of an environmental group to two (2); remove the resident of Corpus Christi who has no financial interest on Mustang or Padre Island; and have three (3) at large members. The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame, Adler, Chesney, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: —7— Minutes — Regular Council Meeting January 26, 2010 — Page 8 10. FIRST READING ORDINANCE Amending Article IV, Chapter 2. Code of Ordinances, City of Corpus Christi, by adding a new Division 29 to establish the Island Strategic Action Committee; providing for publication. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame, Adler, Chesney, and Scott, voting "No ". * * * * * * * * * * ** MayorAdame opened discussion on Item 12 regarding an agreement with the Junior League of Corpus Christi for design, installation and donation of park improvements at the Antonio E. Garcia Park. Interim Director of Parks and Recreation Stacie Talbert explained that this item is for the approval of an ordinance to grant the City Manager permission to execute an agreement with the Junior League to construct and donate park improvements at Antonio E. Garcia Park. Ashley Cocke, Junior League, referred to a powerpoint presentation including the Antonio Garcia Arts Center mission statement; the Junior League vision and position statements; the purpose of the project; project description; partnership; budget; project timeline; and Layout of the project. MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the project and thanked the Junior League for bringing solutions to problems in that area. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028473 Ordinance authorizing the City Manager or his designee to execute a Use Agreement with the Junior League of Corpus Christi for the design, installation and donation of park improvements at the Antonio E. Garcia Park located at the corner of Agnes and 17th Streets. 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 ". MayorAdame opened discussion on Item 13 regarding the inclusion of The Gardens at Cole Park in the Cole Park Site plan. Interim Director of Parks and Recreation Stacie Talbert stated that this item is a request to approve a resolution to include The Gardens within the Cole Park Site plan. Ms. Talbert provided a background of the project and the site plan. Daiquiri Richard, Beautify Corpus Christi, provided a brief overview of the project, maintenance, security issues, and partners. Ms. Richard stated that the intent of the project is to be a demonstration and education facility. Ms. Richard added that the project will incorporate the labeling of plants; an informational kiosks; and ADA accessibility. The following topics pertaining to this item were discussed: whether gazebos are part of the plan and the 2008 bond improvements at Cole Park. Council Member Adler requested that staff inspect the pier at Cole Park. Minutes — Regular Council Meeting January 26, 2010 — Page 9 Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked staff for making sure that all new projects are ADA compliant. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 028474 Resolution approving the inclusion of The Gardens at Cole Park in the Cole Park Site Plan. 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 14 regarding the execution of a Memorandum of Understanding (MOU) with the arts organizations representing the Arts and Cultural Alliance. Assistant City Manager Margie Rose explained that this item was a resolution authorizing the City Manager to execute a MOU to supplement or replace hotel occupancy tax (HOT) funding for nine (9) arts agencies. Ms. Rose stated that staff met with the arts groups that currently receive HOT funds to provide them with the status of the HOT fund and informed them that they should consider other funding opportunities. Ms. Rose added that the arts organizations came up with ideas for funding that are incorporated in the MOU. Heidi Hovda, Chairperson of the Arts and Cultural Alliance, provided an overview of the idea for a utility bill insert requesting a monthly or onetime contribution for the Arts and Cultural Alliance to supplement or replace the HOT funding. The following topics pertaining to this item were discussed: bylaws; surplus funding; the terms of the agreement; use of the funding; disbursement of arts funding; and whether the Arts and Cultural Commission will use their funding for the continuation of arts grants. Mayor Adame called for comments from the audience. Larry Cashin, 4010 Manhattan, spoke in support of the arts and asked the Council to please consider funding the arts through the HOT funding. Abel Alonzo, 1701 Thames, stated that he is happy to see the arts programs taking an initiative to find other sources of funding. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 028475 Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding to supplement or replace Hotel Occupancy Tax funding for the following organizations: Arts and Cultural Commission, Corpus Christi Symphony, Antonio E. Garcia Arts & Education Center, Texas Jazz Festival, Arts Community Center, Institute de Cultura Hispanica, South Texas Botanical Gardens and Nature Center, Harbor Playhouse, Texas State Museum of Asian Cultures. 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 No. 3 regarding an amendment to the personnel ordinance. Assistant Director of Human Resources Joan McKaughan provided an explanation of the amendments to the ordinance that reflect the changes made to the budget approved on Item 2. Ms. McKaughan stated that the ordinance would neeclgto be amended to exclude the furlough day. Minutes — Regular Council Meeting January 26, 2010 — Page 10 Ms. Adler made a motion to amend the ordinance as presented, seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 028468 Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39 -307 Eliminating Pro -rated Benefits for Holiday, Vacation, Sick Leave, and Personal Leave Accrual and Any Other Benefits Provided in Specific Sections of this Article, except Section 39 -320 Funeral Benefit; revising Section 39 -309 to Increase the Employee Premium for Coverage under the City's Group Health Plan; revising Section 39 -324 to Exclude Part-time Employees from Eligibility for Holiday Pay Except for Time Actually Worked Which Will Be Paid at One Times the Straight Time Rate; revising Section 39 -325 to Exclude Part -time Employees from Leave Plan I; revising Section 39 -326 to Eliminate Vacation Accrual on a Pro -rated Basis for Part -time Employees; revising Section 39 -332 to Suspend Cash -in of Vacation Leave until Economic Conditions of the City Improve; revising Section 39 -335 to Eliminate Sick Leave Accrual and Accumulation for Part-time Employees; revising Section 39 -340 to Suspend Cash -in of Sick Leave until Economic Conditions of the City Improve; revising Section 39 -341 to Exclude Part -time Employees from Leave Plan 11; revising Section 39 -342 to Eliminate Vacation Accrual on a Pro -rated Basis for Part-time Employees; revising Section 39 -347 to Suspend Cash -in of Vacation Leave until Economic Conditions of the City Improve; revising Section 39 -354 to Suspend Cash -in of Sick Leave until Economic Conditions of the City Improve; revising Section 39 -366 to Eliminate Personal Leave Accrual on a Pro -rated Basis for Part- time Employees; revising Section 39 -367 to Eliminate Bereavement Leave on a Pro- rated Basis for Part-time Employees; revising Section 39 -368 to Indicate that the Catastrophic Leave Program Applies to Full -time Employees Only; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Council Member Scott made a motion to reconsider Item No. 2, the ordinance which approved the reductions to the budget. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez abstained. Mr. Scott made a motion to amend the budget reduction ordinance to include all amendments approved earlier except that Council Member Marez be allowed to continue to receive the car allowance he currently receives and to take that funding from the general liability rebate. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez abstained. Council Member Marez thanked the Council for the amendment. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting January 26, 2010 — Page 11 2. ORDINANCE NO. 028467 Ordinance amending the FY2009 -2010 Operating Budget adopted by Ordinance No. 028252 due to projected decline in sales tax revenues of $6.6 million, by adjusting expenditures and revenues in the General Fund, and various Internal Service, Enterprise, and Special Revenue Funds; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez abstained. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the reuse of the Memorial Coliseum and not using City money to demolish the Coliseum. Marco Gamboa,14810 Windward, thanked the Council for creating the Island Strategic Committee and asked that the Council make the fire station at 209 S. Carancahua a priority of the Council. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:20 p.m. on January 26, 2010. * * * * * * * * * * * ** 2 a. COMMITTEE FOR PERSONS WITH DISABILITIES — Four (4) vacancies with terms to 2 -1 -12. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non- voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE *Thomas Dreyer 2 -01 -10 2 -19 -08 *Abel Alonzo, Chair 2 -01 -10 7 -12 -05 Harvey Salinas 2 -01 -11 2 -20 -07 Dr. Candelario Huerta 2 -01 -11 1 -27 -09 Herman Lee Jones II 2 -01 -11 2 -20 -07 * *Rosa M. Valdez 2 -01 -10 2 -20 -07 *Irene Martinez 2 -01 -10 2 -19 -08 Carlos Vargas 2 -01 -11 11 -11 -08 Will S. Hinojosa 2 -01 -11 1 -27 -09 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio (The Committee for Persons with Disabilities is recommending the reappointments of Abel Alonzo, Thomas Dreyer, and Irene Martinez and the new appointment of Darren Bates). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Thomas Dreyer Abel Alonzo Irene Martinez NO. OF MTGS. THIS TERM 12 12 12 NO. PRESENT 12 11(lexc) 8(3exc) OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Darren Bates Christina Cisneros Raymundo G. Garcia % OF ATTENDANCE LAST TERM YEAR 100% 92% 67% Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University - Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (10 -5 -09) Disability Program Navigator, Workforce Solutions of the Coastal Bend. Received Bachelor's Degree in Humanities- Fine Arts. Certified Workforce Development Expert and Workforce Development Professional. Activities include: Transportation Coordination Network -RTA, Community Resource Coordination Group for Adults- NCMHMR, and Texas Rehab Action Network. (1- 12 -10) Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (2- 23 -09) Retired, United States Postal Service. Received Associates Degree in Science from Del Mar College. Activities include: Pan American Golf Association and Teach Driver's Safety Courses for the AARP. (11 -9 -09) Andrea B. Green Bookkeeper, Habitat for Humanity. Received BA in International Relations and MS in Accounting. (4- 20-09) Keron E. Hasley Kevin Horrigan William Paul Hunt Shon Jimenez Terence F. Klinger Susanne M. Lunsford Joel S. Mumphord Carmela P. Quintanilla Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee. (4-1 7-09) Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) President, Metal Scene News Corp. Attends Online at Colorado Technical University and Attended Devry University. Activities include: Child Support Organization for Single Fathers and Corpus Christi Bay Area Website to Promote Business /Activities in Corpus Christi. (8- 31 -09) Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (10- 13 -08) CEO - President, Real fEstate Global Sol LLC. Attended College. Activities include: Rotary Club, PIBA and ADA. (4- 23 -09) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Vice President - Family Care Services, Blue Sky Hospice. Received Masters Degree in Social Work from University of Houston. Activities include: South Texas Social Workers Society and Vision YC. (11- 12 -09) Gloria Sykes - Saucedo Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Ernest M. Trevino, Jr. Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient Good Conduct Medal, United States Air Force. (12- 26 -08) Leonard (Leo) Vasquez, Jr. Retired, Disabled Veteran. Attended Del Mar College and University of Maryland. Activities include: Veterans Service Office- Disabled American Veterans District Adjunct, Representative /Advocate. Recipient of 1992 Corpus Christi Caller -Times Volunteer of the Year Award, Texas National Guard/Adjunct General Performance Recognition Medallion and 2005 Presidential Medal of Freedom Nominee. (1- 14 -10) Jose R. Villanueva, Jr. Retired. Senior Companion Volunteer. (12- 23 -09) Timothy Weitzel Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) b. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — One (1) vacancy with term to 8- 31 -11. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that 110 individual who is employed by the Fiscal Agent (City of Corpus Christi) or any or anization submittin a ro osal for fundin throu . h the CYD Pro ram or their immediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE Fr. Peter Martinez (78415 Res.), Vice Chair 8 -31 -10 2 -19 -08 Belinda Barrera 8 -31 -10 10 -13 -09 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 Jean Marie Giegerich 8 -31 -10 6 -09 -09 Linda Moyer (78415 Resident), Chair 8 -31 -10 2 -19 -08 Rosa "Linda" Rincon (78415 Resident) 8 -31 -11 1 -16 -07 ** *Rick Greenfield 8 -31 -11 2 -24 -09 Rosa E. Pizzi (78415 Resident) 8 -31 -11 8 -18 -09 Jim Boller III 8 -31 -10 2 -19 -08 Belissa Perea (Youth) (78415 Resident) 8 -31 -10 10 -13 -09 Xiao Bohannon (Youth) 8 -31 -11 11 -18 -08 INDIVIDUALS EXPRESSING INTEREST Belinda Barrera Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: Church. (6- 18 -09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Angelica Carmona Christina Cisneros Sandra Clement Jeremy Coleman Susie Crowson Salon Manager, Planet Sol Hair Salon. Attended Texas A &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University- Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (2- 23 -09) South Park Middle School Principal, Corpus Christi Independent School District. Received Bachelor of Science, Master of Science in Counseling and Master of Science in Educational Administration from Texas A &M University - Corpus Christi. Activities include: National Association of Secondary School Principals, Phi Delta Kappa, and Corpus Christi Principal and Supervisors Association. (6 -5 -09) Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (4- 29 -09) Jeff Fonseca Owner, Green Tree Lawn Care. (7- 31 -09) Ida Alvarado Hobbs Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (4- 22 -09) -20- William Paul Hunt Sandra L. Jackson Shon Jimenez Dee Lewis Gerard Navarro, Jr. Sylvia T. Portales Randal Salazar Norma Solis Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Equipment Specialist, Corpus Christi Army Depot. Received Associates Degree in Liberal Arts from Del Mar College. Attending Texas A &M University- Corpus Christi. Activities include: NAACP, Blacks in Government -Vice President and Black Writer's Association. (5- 21 -09) President, Metal Scene News Corp. Attends Online at Colorado Technical University and Attended Devry University. Activities include: Child Support Organization for Single Fathers and Corpus Christi Bay Area Website to Promote Business /Activities in Corpus Christi. (8- 31 -09) Director of Operations, Superior HealthPlan. Received BSW and MBA. (1- 11 -10) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Appraiser IV, Nueces County Appraisal District. Attended Business College. Past Regional Director of TAAO. Activities include: Local Coastal Bend Chapter TAAO. (9- 9-09) Owner, Custom Design Construction G.C., L.L.P. Received BS in Liberal Arts from Texas A &I University at Kingsville,Texas, and Texas Technical Harlingen Associated Building Construction . OSHUA Certified in Industrial Safety. Activities include: Volunteer for CASA. (1- 22 -10) Teacher, Corpus Christi Independent School District. Received BS in Elementary Education with Bilingual Certification and MS for School Counselor. (5- 28 -09) -21- Gloria Sykes - Saucedo Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Scot Taylor Store Manager, Factory Builder Stores. Activities include: Builder Association of Corpus Christi. (8- 11 -09) Jesus M. Trevino Currently attends College. (8- 26-09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Amber Sayre Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Angelia Valencia Substitute Teacher, Calallen Independent School District. Received BA in Social Science and MA Behavioral Science /Sociology. Certified Bilingual Teacher. Activities include: Bold Future for the Coastal Bend and Gonzalez Community Center Volunteer. (12 -5 -08) c. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT - Confirmation of Officers - The board is recommending the confirmation of the following officers: Oscar Martinez as President, Margie Rose as Vice - President and Fred Segundo as Secretary. (Note: Section 8811.024 of the Texas Special District Local Laws Code requires the City Council to confirm the election of officers annually.) DUTIES: To develop and protect municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. COMPOSITION: Five (5) directors appointed by the City Council to serve staggered four -year terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine which three (3) directors shall serve four -year terms that expire at the end of the calendar year four years after the effective date of the Act, and which two directors shall serve two -year terms that expire at the end of the calendar year two years after the effective date of the Act. ORIGINAL MEMBERS TERMS APPTD. DATES Gustavo Gonzalez 12 -31 -11 10 -02 -08 Rudy Garza 12 -31 -13 10 -02 -08 Oscar Martinez, President 12 -31 -11 12 -13 -05 Margie Rose, Vice -Pres. 12 -31 -13 12 -11 -07 Fred Segundo, Secretary 12 -31 -13 12 -11 -07 -23- d. JOINT LAND USE STUDY COMMITTEE — Appointment of two (2) Policy Committee Members: 1- Mayor and 1- Council Member. (Note: At the January 26, 2010 City Council Meeting, a resolution passed creating the formation of a Joint Land Use Study Committee) DUTIES: To formulate a grant proposal for approval by City Council for submission to the Office of Economic Adjustment (OEA). COMPOSITION: The committee shall consist of five (5) members: Mayor, City Council Member, Base Commander, Nueces County Judge or Nueces County Commissioner and City Planning Commissioner (appointed by the Planning Commission). The Mayor shall serve as the Chairperson and the Base Commander shall serve at the Vice- Chairperson. MEMBERS Mayor, Chair City Council Member Base Commander, Vice Chair Nueces County Judge or Commissioner Rudy Garza, City Planning Commissioner —24— e. MECHANICAL /PLUMBING ADVISORY BOARD — Five (5) vacancies with terms to 1 -2 -12 representing the following categories: 1— Plumber, 1- Master Plumber, 1- Mechanical Engineer, 1- Home Builder, and 1- Air Conditioning. DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical Code. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM APPTD. DATE *Elvin P. O'Bryan (Master Plumber) 1 -02 -10 3 -21 -06 Robert Ross Pate (Not Conn. Bldg. Ind.) 1 -02 -11 2 -13 -07 David Mathews (Air Conditioning) 1 -02 -11 7 -21 -09 *Sean M. Rodriguez (Mechanical Eng.), Co -Chair 1 -02 -10 5 -13 -08 Billy Largin (Commercial Builder) 1 -02 -11 7 -21 -09 James Michael Dildy (Master Plumber) 1 -02 -11 1 -18 -05 * * ** *James Horman (Master Plumber) 1 -02 -10 1 -13 -04 *Mike Wanzer (Air Conditioning), Chair 1 -02 -10 1 -18 -05 Julio Sanchez (Air Conditioning) 1 -02 -11 7 -21 -09 * *Robert Sells (Home Builder) 1 -02 -10 5 -13 -08 Karim I. Salighedar (Irrigator) 1 -02 -11 7 -21 -09 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Mechanical/Plumbing Advisory Board is recommending the reappointments of Mike Wanzer (Air Conditioning), Elvin P. O'Bryan (Master Plumber), Sean M. Rodriguez (Mechanical Engineer) and the new appointments of Stacey Gallagher (Home Builder) and James E. Mokry, Jr. (Plumber). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Mike Wanzer (Air Cond.) 10 Elvin O'Bryan (Master Plum) 10 Sean Rodriguez (Mec. Eng) 10 NO. PRESENT 10 9(1 exc) 9 OTHER INDIVIDUALS EXPRESSING INTEREST Kevin Akan Clinton Bailey Paul Braley George T. DeLaMatyr, Jr. Stacy Gallagher James E. Mokry, Jr. Chris Mundahl % OF ATTENDANCE LAST TERM YEAR 100% 90% 90% Self - Employed, Air Conditioning Service and CK's Guide Service. Received Associates Degree from Del Mar College. (Air Conditioning) (3 -3 -09) President, Lamar Plumbing, Inc. Attended Del Mar College. (Plumber or Master Plumber) (1 -6 -10) Master Plumber, Malek, Inc. Activities include: American Backflow Association. (Plumber or Master Plumber) (1- 27-10) President, Mechanical Technology, Inc. Received BS in Mechanical Engineering from Lamar University at Beaumont, Texas. (Mechanical Engineer) (2 -1 -10) Vice President, Cabinet Alternatives, Inc. Activities include: National Kitchen and Bath Association. (Home Builder) (2 -1 -10) Master Plumber, Mokry Plumbing & Utility Company. Activities include: Corpus Christi Executive Association. (Plumber or Master Plumber) (2 -1 -10) President/Owner, AC Distribution, Inc. Activities include: President, ACCA Coastal Bend Chapter and Coastal Bend Green Build Committee. (Air Conditioning) (1 -6 -10) -26- Keith Parker Roger Perez Ralph S. Pitzer, P.E. John T. Tucker Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Currently Serves on the CCCIC /Loan Review Committee. Activities include: ASHRAE and AEE. (Mechanical Engineer) (4- 23-09) GM Residential and Light Commercial, Malek, Inc. Attended Del Mar College. Activities include: Vice President, ACCACB Chapter and CC Networking Group. (Air Conditioning) (12 -8 -09) Partner, GPM Engineering. Received BS in Mechanical Engineering from University of Texas- Austin. Licensed Professional Engineer. Activities include: American Society of Heating, Ventilating and Air Conditioning Engineers -Board of Governors, Newsletter Editor, YWCA, and First Baptist Church. Previously served on Mechanical/Plumbing Advisory Board. (Mechanical Engineer) (1- 20 -10) Self- Employed, Home Builder. Attended College. Activities include: Builders Association - Corpus Christi Board of Directors. Previously Served on Mechanical/Plumbing Advisory Board. (Home Builder) (1- 27-10) Maverick C. Volesky, Jr. Supervisor, Oil Patch Petroluem. Master Plumber. (Plumber or Master Plumber) (6- 12 -09) Tony Williford Service Manager, Mike Wanzer A/C. (Air Conditioning) (1- 20 -09) f. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — Two (2) vacancies with terms to 6 -16 -10 and 6 -16 -11 representing the following category: 2 — At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ( "SCP ") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non- federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one - year /serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. MEMBERS Shirley Tipton (SCP Volunteer) Maria (Isabel) Odeh (SCP Vol. Station) *Vacant (At Large) * ** *Priscilla Wolf (At Large) Apolonia P. Cantu (At Large) Marie Partington (At Large) Harry Falcon, Sr. (At Large) TERM 6 -16 -10 6 -16 -10 6 -16 -11 6 -16 -10 6 -16 -11 6 -16 -11 6 -16 -11 ORIGINAL APPTD. DATE 6 -16 -09 6 -16 -09 6 -16 -09 6 -16 -09 6 -16 -09 6 -16 -09 (Note: On October 13, 2009 City Council appointed Heidi Janicke to the At Large category. She declined that appointment due to a work conflict). (The Senior Companion Program Advisory Committee is recommending the new appointments of Monica Rodriguez (At Large) and Carmela P. Quintanilla (At Large). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation _28_ OTHER INDVIDUALS EXPRESSING INTEREST Samantha Chase Sarah Kloos Brian Perez Carmela P. Quintanilla Monica E. Rodriguez Randal Salazar Amber Sayre Gloria Sykes - Saucedo Special Education Instructional Paraprofessional II, Corpus Christi Independent School District. Received a Master's Degree in Education. Activities include: Kappa Delta Pi, Golden Key International Honor Society, International Reading Association and Student Reading Council. (11- 18-09) Volunteer Services Manager, Odyssey Health Care. Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non -Profit Organizations. (1 -6- 09) CEO, Brian Adkins Wealth Management. Received BBA in Accounting and MBA in Finance from Texas A &M University at College Station. Activities include: Financial Industry Regulatory Authority, Texas A &M Alumni Association, Boys and Girls Club, and Family Counseling Service. Member of Texas Scholars. (12 -7 -09) Vice President - Family Care Services, Blue Sky Hospice. Received Masters Degree in Social Work from University of Houston. Activities include: South Texas Social Workers Society and Vision YC. (11- 12 -09) Social Worker, Legacy Hospice. Received a Bachelor's Degree in Social Work. Activities include: South Texas Social Workers and National Association of Social Workers. (11 -6 -09) Owner, Custom Design Construction G.C., L.L.P. Received BS in Liberal Arts from Texas A &I University at Kingsville,Texas, and Texas Technical Harlingen Associated Building Construction . OSHUA Certified in Industrial Safety. Activities include: Volunteer for CASA. (1- 22 -10) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Caroline Szepessy Purchasing Agent, Winn Exploration Co., Inc. Received BA in Psychology. (10 -6 -09) Jose R. Villanueva, Jr. Retired. Senior Companion Volunteer. (12- 23 -09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) 3 AGENDA MEMORANDUM City Council Action Date: February 9, 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $139,842 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN JANUARY 1, 2010. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $139,842 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $139,842 to provide funding for the elimination and control of tuberculosis. The contract provides the Health District with financial assistance for expenses to support services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from January 1, 2010 through December 31, 2010. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annette Rodriguez, M.P.H. Director of Public Health annettercc cctexas. com 3b1- iz5 -/1 5 BACKGROUND INFORMATION This item renews our current contract with the Department of State Health Services (DSHS) to provide services to prevent, treat, and control tuberculosis. DSHS has provided grant funding to support the Health Districts' Tuberculosis (TB) Program for many years. During'the calendar year, the TB Program serviced approximately 10,500 patients. The contract period is from 1/1/10 - 12/31/10, and funds are being awarded to support staff salaries and benefits for TB Program services. The contract does not require matching funds. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $139,842 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN JANUARY 1, 2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant in the amount of $139,842 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents. Furthermore, the City Council ratifies acceptance of the grant agreement with the State of Texas to begin as of January 1, 2010. ATTEST: Armando Chapa City Secretary APPROVED: February 1, 2010 Elizabeth R. Hundle Assis ant City Attorney for the City Attorney EHres257.doc -35- CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day 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 AN ORDINANCE APPROPRIATING A GRANT OF $139,842 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $139,842 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the elimination and control of tuberculosis. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2010. ATTEST: Armando Chapa City Secretary APPROVED: February 1, 2010 izpnb -th R. Hundley Assistant City Attorney for the City Attorney EHord291.doc —37— CITY OF CORPUS CHRISTI Joe Adame Mayor 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, Council Members Joe Adame Mayor 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 EHord291.doc -38- 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Feb.9.2010 AGENDA ITEM: Ordinance appropriating payments from Nueces County, in the amount of $15;500, and from the City of Corpus Christi, in the amount of $7,750, in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board; and declaring an emergency. ISSUE: The City of Corpus Christi and the County of Nueces provided pro -rated funding for the 2008 -2009 fiscal. Before the funds can be used they must be appropriated. REQUIRED COUNCIL ACTION: The City must appropriate funds for the Regional Health Awareness Board. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of funds in the amount of $21,367 received from San Patricio County on May 27, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of funds to be used by the Regional Health Awareness Board. Margie C. Rose Assistant City Manager maroierc cctexas.com (361) 826 -3232 Attachments Susan Utley, Program Coordinator Regional Health Awareness Board susanu cr_cctexas.com (361) 826 -3370 BACKGROUND INFORMATION The Regional Health. Awareness Board (RHAB) is supported through an Inter -local Agreement by the City of Corpus Christi, Nueces County, and San Patricio County. The purpose of the RHAB is to ensure that opportunities exist for quality dialogue by the citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. The RHAB functions as an independent committee to coordinate and enhance awareness of the various existing forums for community dialogue, and it serves as a clearinghouse for ensuring that inquiries are addressed in the appropriate forum. The City of Corpus Christi is the Fiduciary Agent of the RHAB. The purpose of the funds is to support the mission and goals of the RHAB. AN ORDINANCE APPROPRIATING PAYMENTS FROM NUECES COUNTY, IN THE AMOUNT OF $15,500, AND FROM THE CITY OF CORPUS CHRISTI, IN THE AMOUNT OF $7,750, IN THE NO. 1066 HEALTH GRANTS FUND, AS THE FIDUCIARY AGENT ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, FOR SERVICES TO BE PROVIDED BY THE BOARD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Payments from Nueces County, in the amount of $15,500, and from the City of Corpus Christi, in the amount of $7,750, are appropriated in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the board. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: February 1, 2010 /4AH i(cLi ¢a�th R. Hundley Assistant City Attorney for the City Attorney EHord292.doc —43— CITY OF CORPUS CHRISTI Joe Adame Mayor 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, Council Members Joe Adame Mayor 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 EHord292.doc -44- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 9, 2010 AGENDA ITEM: Resolution authorizing the Beeville Water Supply District to sell wholesale water to Blueberry Hills Water Works, LLC, subject to certain conditions. ISSUE: On November 24, 2009, the Beeville Water Supply District (BWSD) requested approval from the City of Corpus Christi to sell water that has been purchased from the City to Blueberry Hills Water Works LLC. Blueberry Hills Water Works LLC holds a CCN certificate and is adjacent to the City Limits of Beeville. The Blueberry Hills Water Works supply is contaminated with arsenic and TCEQ is aware of the problem. The City of Beeville and Bee County have procured a grant to build the infrastructure to connect the BWSD to the Blueberry Hills Water system which will resolve the arsenic problem. BWSD's water supply contract requires City of Corpus Christi City Council approval before it can sell water to Blueberry Hills Water Works LLC. REQUIRED COUNCIL ACTION: Approval of resolution. PREVIOUS COUNCIL ACTION: NONE CONCLUSION AND RECOMMENDATION: Approve resolution. Attachments f • t) 'Gustavo onzalez, P.E. Director, Water Operations Gustavogo@cctexas.com 361 - 826 -1874 BACKGROUND INFORMATION On November 24, 2009, the Beeville Water Supply District (BWSD) requested approval from the City of Corpus Christi to sell water that has been purchased from the City to Blueberry Hills Water Works LLC. Blueberry Water Works LLC holds a CCN certificate and is adjacent to the City Limits of Beeville. The Blueberry Hills Water Works wells are contaminated with arsenic and TCEQ is aware of the problem. The City of Beeville and Bee County have procured a grant to build the infrastructure to connect the Beeville Water Supply District system into the Blueberry Water Works system and disconnect from the wells. Section 14 of the Water Supply Contract between the City of Corpus Christi and the Beeville Water Supply District states the following: "14. Restrictions on Sales: Specific written approval by the City Council of City will be required before BWSD sells water which BWSD has purchased from City and treated to: (a) A municipality, political subdivision, nonprofit corporation, special legislative district or authority which is located outside Bee or Live Oak Counties." Last year the City of Corpus Christi sold 3,487 ac -ft of water to the Beeville Water Supply District. Estimated additional amount to be sold due to this approval is approximately 65 ac -ft. The District must agree to bind Blueberry Hills to honor all conditions of the District's agreement with the City and any future contacts or amendments to any water supply agreements with the City. Page 1 of 4 RESOLUTION AUTHORIZING BEEVILLE WATER SUPPLY DISTRICT TO SELL WHOLESALE WATER TO BLUEBERRY HILLS WATER WORKS, LLC, SUBJECT TO CERTAIN CONDITIONS WHEREAS, the City of Corpus Christi ( "City") has a water supply agreement with the Beeville Water Supply District ( "District "), which was effective on March 4, 1981, and amended by an addendum that was effective on May 17, 1988; WHEREAS, the water supply agreement requires the City Council's approval of the sale of water to any private organization or person desiring to resell to others than a governmental unit or a nonprofit water supply corporation; WHEREAS, the water supply in a colonia known as the Blueberry Hills is contaminated by arsenic; WHEREAS, the City of Beeville and Bee County have obtained a grant to resolve the arsenic problem by building infrastructure to supply the colonia with water the District; and WHEREAS, the City Council recognizes the need to assist with this public health concern; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Subject to the conditions in Sections 2, 3, and 4, the District is authorized to sell wholesale water to Blueberry Hills Water Works, LLC ( "Blueberry Hills "). SECTION 2. The District must agree to bind Blueberry Hills to honor all conditions of the District's agreement with the City and any future contacts or amendments to any water supply agreements with the City. SECTION 3 Water Conservation and Drought Contingency Measures. a. The District and Blueberry Hills must acknowledge the terms of the Texas Natural Resource Conservation Commission (now TCEQ) Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condition 5.B, Certificate of Adjudication No 21- 3214, and Corpus Christi's responsibilities under both the Agreed Order and the Certificate of Adjudication. The District and Blueberry Hills must recognize that the Agreed Order and Certificate of Adjudication may be amended in the future. The agreed order requires Corpus Christi to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers must develop and have in effect a water conservation and drought management plan consistent with Corpus Christi plan as required by the TCEQ rule. Therefore, the District and Blueberry Hills must agree that during the term of this contract, it shall have in effect a water Blueberry Hills Resolution 02022010 -49- Page 2 of 4 conservation and drought management plan consistent with Corpus Christi's plan. The District and Blueberry Hills also must agree to bind future customers and its existing customers upon contract renewals to develop and have in effect a water conservation and drought management plan consistent with Corpus Christi's plan. b. The District and Blueberry Hills must acknowledge that under Section 11.039(b) of the Texas Water Code and Corpus Christi's water conservation plan, which was submitted to the TCEQ for approval, that in the event of a water shortage due drought, accident, or other cause Corpus Christi is authorized to reduce the distribution of water to its wholesale water customers on a pro rata basis. Section 11.039(b)(2) specifically authorizes Corpus Christi to reduce a customer's pro rata water share if customer does not operate its system in compliance with an approved water conservation plan. The District's or Blueberry Hill's failure to enforce the most stringent requirement of the District's or Blueberry Hill's TCEQ approved water conservation plan, Corpus Christi's TCEQ approved water conservation plan, or this Section 12 of this contract will be grounds to reduce the District's pro -rata water share. c. If Corpus Christi implements any measures under it Water Conservation and Drought Contingency Plan, adopted under Section 55-156 of the Code of Ordinances for Corpus Christi of Corpus Christi, the District and Blueberry Hills shall impose similar restrictions, surcharges, or rationing measures on its customers at the earliest opportunity to do so upon notice of the implementation of any restrictions, surcharges, or rationing by Corpus Christi. d. Any contract for the resale of water fumished by the District shall contain a similar condition similar to subsection c of this Section 4 of this resolution. e. If for whatever reason the District or Blueberry Hills is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, the District or Blueberry Hills shall reduce its consumption of water from the system as follows: (1) If the levels in the Lake Corpus Christi/Choke Canyon Reservoir system are below 40% of the combined capacity, deliveries from the system shall be reduced by 10% from the average deliveries for the same month of the year over the previous three years. (2) If the levels in the Lake Corpus Christi /Choke. Canyon Reservoir system are below 30% of the combined capacity, deliveries from the system shall be reduced by 20% from the average deliveries for the same month of the year over the previous three years. (3) if the levels in the Lake Corpus Christi /Choke Canyon Reservoir system are below 20% of the combined capacity, deliveries-from the system shall be reduced by 30% from the average deliveries for the same month of the year over the previous three years. Blueberry Hills Resolution 02022010 -50- Page 3 of 4 (4) If the levels in the Lake Corpus Christi /Choke Canyon Reservoir system are below 10% of the combined capacity, deliveries from the system shall be reduced by 60% from the average deliveries for the same month of the year over the previous three years. f. If for whatever reason the District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, but relies upon other sources of water for all or a portion of its water requirements, the District or Blueberry Hills must agree not to request an increase in the amount of water being diverted from the system should the District's or Blueberry Hill's other source(s) of water fail to continue to yield the amounts of water anticipated. g. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by Corpus Christi, the District and Blueberry Hills must agree to comply with the stricter method of rationing water. h. The District and Blueberry Hills must agree to furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures within the District or its customers' jurisdiction within thirty days of notice that Corpus Christi has imposed restrictions, surcharges, or rationing measures. If for whatever reason the District or Blueberry Hills is unable or unwilling to impose the required restrictions, surcharges, or rationing measures, Corpus Christi may audit the records of the District or Blueberry Hills to ensure that the District or Blueberry Hills has reduced its deliveries by the amount required by this Section 4 of this resolution. i. The District must agree that the failure of the District or Blueberry Hills to comply with this Section 4 of this resolution is a default under Section 19 of its water supply agreement with the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 2nd day of February, 2010. R. J%Reng First Assistant City Attorney For City Attorney Blueberry Hills Resolution 02022010 —51— Corpus Christi, Texas 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 Blueberry Hills Resolution 02022010 —52— Page 4 of 4 6 AGENDA MEMORANDUM City Council Action Date: February 9, 2010 SUBJECT: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 2 Project No. 6522 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $594,295 for the Southmoreland Addition Street Improvements, Phase 3B and 4B, Part 2. (CDBG -R) ISSUE: This project provides for the street reconstruction of a portion of the Southmoreland Addition: Norton Street from Ayers Street to Naples Street and Lewis Street from Norton Street to Watson Street. The improvements also include new sidewalks, curb and gutter, curb ramps, and underground storm water. Other work includes rehabilitation and replacement of deteriorating water and wastewater pipelines. The project has bid and Council approval is required to begin construction. FUNDING: Funding for this project will come from the Community Development Block Giant-Recovery Funds (CDBG -R) and the Water and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Eddie Ortega Director of Neighborhood Services 826 -3234 eddieoacctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteanc cctexas.com H: HOME\Rachelle\GEMStreets\6522, 6525, 6526 8 6527 - Southmoreland Addition \Construction (6522)Wgenda Memo.doc _55_ AGENDA BACKGROUND INFORMATION SUBJECT: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 2 Project No. 6522 PROJECT DESCRIPTION: This project consists of the construction of a 28 -foot back -to- back street section, curbs and gutters, sidewalks, ADA requirements, driveways, underground drainage and utilities for the Southmoreland Addition Street improvements, Phase 3B & 4B, Part2. The overall project was designed and will be constructed in phases as follows: > Part 2 (Project No. 6522) — Norton Street from Ayers Street to Naples Street, and Lewis Street from Norton Street to Watson Street > Part 3 (Project No. 6525) — Watson Street from Ayers Street to 770 LF southeast of Ayers Street > Part 4 (Project No. 6526) — Watson Street from 770 LF southeast of Ayers Street to Naples Street, and Lewis Street from Watson Street to Clemmer Street, and > Part 5 (Project No. 6527) — Naples Street from Norton Street to Richard Street. The majority of funding ($360,000) for the construction of Part 2 (Project No. 6522) came from the Community Development Block Grant- Recovery Funds (CDBG -R) betterknown as stimulus funding -- through the U.S. Department of Housing and Urban Development. This project will directly impact a low- to moderate - income area by investing in transportation and infrastructure improvements as well as ADA accessibility, It will also improve the quality of life for the residents and improve the neighborhood, providing long- term economic benefits. This project will also provide for 39 jobs and is the first CDBG -R project being coordinated through the City of Corpus Christi, BID INFORMATION: On January 13, 2010, the City received proposals from nine bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $594,295.00 to $770,952.45. The estimated cost of construction is $787,000.00. The low bidder was Haas - Anderson Construction, Ltd., in the amount of $594,295. The consultant, Goldston Engineering, reviewed Haas - Anderson's required bid information and checked their references, which were favorable. In addition, Haas - Anderson Construction has successfully completed other city jobs in the past. Therefore, City staff and Goldston Engineering are recommending that the contract be awarded to Haas - Anderson Construction, Ltd., in the amount of $594,295. CONTRACT TERMS: The project is estimated to require 120 calendar days, with completion anticipated in July 2010. FUTURE ACTIONS: As funding allows, construction will be undertaken of Parts 3, 4 and 5. H:IHOME Rachelle \GEMStreets16522, 6525, 6526 & 6527 - Southmoreland Addition1Construction (6522 »Agenda Background.doc —56— EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 1 (Project No. 6172) included all of Fannin Street and Lewis Street from Fannin Street to Norton Street. The improvements in those areas have been completed. Due to a lack of funding, subsequent improvements to other streets in the Southmoreland Addition were delayed. Recently, however, funding was requested and approved through the CDGB program. The poor condition of the aged infrastructure and location of the Southmoreland neighborhood was the basis for inclusion in the CDBGprogram. This is an older area of town and is characterized by inadequate underground storm water capacity with rolled curb and gutter sections and deteriorated water and wastewater pipelines. Consequently, the contract for professional services with Goldston Engineering, a CH2M Hill Company, was amended (Amendment No. 2) to repackage the bid documents for Southmoreland Addition Street improvements Phases 3B & 4B into four additional parts in order to accommodate available funding. Amendment No 3 included professional services to design sanitary sewer line improvements for Part 5 (Naples Street from Norton Street to Richard Street, Project No. 6527). H: HOMEVtachellelGEtrlStn » ts16522, 6525, 6526 & 6527-Southmoreland Addition Ci5st i on (6522pAgenda Baekground.doc PRIOR PROJECT ACTIONS SUBJECT: Southmoreland Addition Street Improvements Phases 3B & 4B, Part 2 Project No. 6522 PRIOR COUNCIL ACTION: 1. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with Goldston Engineering, Inc. in the amount of $64,21 0 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B, for preliminary design of improvements to Norton, Fannin, Watson, Naples and Lewis streets. (Motion No 2003 -076) 2. January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No 1 to the contract for professional services with Goldston Engineering, Inc. in the amount of $227,831 for a total restated fee of $292,041 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B, for preparation of construction documents for improvements to Fannin Street from Ayers Street to the dead end, and Lewis Street from Fannin to Norton. (Motion No. 2005 -005) 3. February 13, 2007 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Reese Contracting in the amount of $977,777 for the Southmoreland Addition Street Improvements Phases 3B & 4B, Part 1, for the reconstruction of Fannin Street from Ayers Street to the dead end, and Lewis Street from Fannin to Norton. (Motion No. 2007 -041) 4. April 21, 2009 — Resolution adopting the FY 2009 Consolidated Annual Action Plan which includes the Community Development Block Grant, Emergency Shelter Grant, and the Home Investment Partnership programs; authorizing the City Manager or his designee to submit the FY 2009 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (H.U.D.); and authorizing the City Manager or his designee to make changes in the FY 2009 Consolidated Annual Action Plan if required by H.U.D. (Resolution No. 028129) 5. October 27, 2009 a. Resolution authorizing the City Manager or his designee to accept a grant from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant - Recovery (CDBG -R) Program and implement the grant for the following recipients: Coastal Bend Alcohol and Drug Rehabilitation Center, Inc. d.b.a. Charlie's Place ($105,000); Coastal Bend Center for Independent Living ($25,378); CPUBright Biz - Direct Energy ($70,000); Nueces County Mental Health and Mental Retardation Community Center Foundation ($75,000); Neighborhood Centers of Corpus Christi Inc. ($125,000); and Westside Business Association ($100,000); and to execute all related documents. (Resolution No. 028375) b. Ordinance appropriating a grant of $911,062 from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant - Recovery (CDBG -R) Program in the 1059 Grant Fund for approved community planning and development projects and activities. (Ordinance No. 028376) 6. 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) H:* HOME1Rachelle %GEtd\Streetslf507, 6525, 6526 8 6527- Southmoreland Addition ( rf Lion (6522)1Prior Project Actions.doc PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6. August 13, 2009 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, in the amount of $48,070 for a total restated fee of $340,111 for the Southmoreland Addition Street Improvements, Phases 3B & 4B, Part 2, Part 3, Part 4 & Part 5 (Project Nos. 6522, 6525, 6526 & 6527) to repackage the bid documents into five parts. 7. January 22, 2010 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, in the amount of $41,600 for a total restated fee of $381,711 for the Southmoreland Addition Street Improvements, Phases 3B & 4B, Part 5 (Project No. 6527) to design sanitary sewer line improvements along Naples Street from Norton Street to Richard Street. H :WOMEWRechelle\GEMStreetsi6522, 6525, 6526 & 6527 - Southmoreland Additionrec5sb9+ction (6522) \Prior Project Actions.doc EXHIBIT "B" Page 2 of 2 0 c3 8 C —60— IEXHIBIT "C" D.�nn 1 "•F A $ 33,856.00] o N $ 20 812. 1 $ 3,940. 0 888 �3�5 N N0-8 Q N N ° CD co co 01 N N N C f0 0 N N 1 $S •15. $ 7n 2,212.0 000000rrrrrr,,,,,,Illlll e V 800 'l gl gv - l7 <h 9 N N N 8 E N C N Y $ 4,436.80 $ 4,436.8 $ 21,847.20 $ 21,847.2 $ 42.00 $ 4,872. t *ow .aw Q 0 co 6. ' Q N 6 8 8 N D N- C 6 V - 8 O Q $ 71.4 $ 9,424.8 ▪ 76 s 12 700 $ 3,090.1 $ 6,180.2 6 sells. S AAA'SA : 2 8 M (00088 . 9 . - - 8 07 : : _ , p Q . § Q N y 8 1 8 Y co 10 i OD M 8 1Qi, C 0 NN fa 8 q p O M 49 N 8 N N 8 1V M (O Pl N 8 g N N 6 0 O N N N Q n N N N 49 $ 29,440.0( $ 4,252.5C W N - N ro N UU ULL s 00'0pS' l $ $ 2,520.00 $ 310.00 S Innnn nn N N aD Q' N 49 N � co N' 0 4 M S 520. $ 1 375. $ 5.850. m ez N N g s- N 8 49 M N N ei N B P.O. us Cl IINIT Drnr O CO Cl O Q N N co !O N N N N Q NNN N N S : N : : 8: N1 O O 8: O 10 N p: : 1t) co 49 69 g c M p p 8 O) p 8 8 N f0 8 O P 8 § N 8 C Q O $ N - W ni N N 8- Q - N N p $ 35,328.0( • $ 32200.0( $ 4,725.0C $ 13,875.0C $ 2,775.00 oot: {p: Q l7 N N NNN q: Q V l N' '- M N N N N 1 $ 1,000.q 8: 8: W O W ' N 49 N $ 17500.11 $ 4000.11 $ 250.11 $ 17400.10 $ 10.560.00 $ 17010.11 $ 8000.01 $ 4000.00 $ 3.420.00 88 88 § Q N co p 88 m8 88 N 10 § e N N co 88 88 O O C N N N $ 103,527.601 `08 8 N G 43 49 88 O N N pN O Q 49 "' oiW 69 Vp9 8 0 N 8 8 oi 0 N 69 888 ri.- NN69 8 81088 �8.- NNN 49 $ 1.000. $ 30,000. $ 25.' 888$ § § 888 Nr NN NNN $ 105.01 $ 4 000.0 ) $ 4000.00 $ 5.01 §88N9 ,_ V9 NNN VW 8 § O r 66 N 8 8 g § v) N 8 8 N N 8 N N 8 8 ai v4 O m 10 N Q 4N 8 e4 69 $ 2.20 $ 10,175.00 $ 4.53 $ 2,514.15 $ 2.67 $ 9,825.60 $ 11.17 $ 28,427.65 $ 5.24 $ 33,221.60 p69 9 Q m O V 9 $ 11.58 $ 1,621.20 $ 81.51 $ 1,141.14 $ 16.43 $ 2,760.2 $ 3,036.02 $ 3,036.0 $ 7,412.98 $ 7,412, $ 3,271.30 $ 3,271. $ 38,644.25 $ 38,644.25 $ 51.63 $ 5,989.08 $ 238,728.29 UZ£'L 5 •te99 $ 0:'LOL'Z( S Z9'£tr $ 0 1 0 d'69 S Z9'1,99't, $ I. S •Z'COZLL 5 tr9'OPP£ 5 $ 97.90 $ 15,859.80 $ 2,851.00 $ 5,702.00 $ 3,790.69 $ 3,790.69 $ 4.34 $ 2,968.56 $ 835. : $ 2,505.7; $ 683.9 EINIMEME $ 29.5 $ 3.8, $ 1067.00 $ 3.8• $ 3501. 10 CO 10 4 0 69 $ 98,872.03 �4 f0 O N .- O! 10 A N N N N lV l% N N A . N A 4- H $ 1,741.74 $ 3,483.48 D P ' NN O i N i Construcdon, Ltd. Box 7692 dstl, TX 78417 AMOUNT 8Q 4l N N N N 1 $ 3.50 $ 3.00 $ 16,187.50 $ 1,665.00 $ 1.40 $ 5,152.00 $ 11.20 $ 28,504.00 $ 4.85 $ 30,749.00 �N N ft N 8 N $ 1,288.00 $ 1,092.00 $ 3,024.00 $ 1,375.00 $ 37,000.00 458.00 $ 458.001 $ 22,000. $ 4,466. $ 208,961.5 $ 1,925.10 $ 9625.00 $ 460.11 $ 1840.10 $ 122.01 $ 610.01 $ 76.00 $ 22 040.10 $ 78.10 $ 10 032.11 $ 114.00 $ 18,468.00 $ 2,380.00 $ 4,760.00 $ 5,070.00 $ 5,070.00 $ 1.25 $ 855.00 $ 460.01 $ 1380.01 $ 92.1+ $ 368.11 $ 138.0 0 00 $ 2. 1 $ 687. $ 3.70 $ 3330.00 8 8 p of N N 8 8 8 Q 0 al' N 49 p O co N S 20.00 5 29,120.00 $ 3,200.00111 $ 16,000. CV N 8 p N N 88 6 N N 8 Q N $ 9.20 $ 78.00 $ 18.00 $ 1,375.00 $ 37,000.00 $ 458. $ 22,000.00 $ 38.50 )- T en en > Cn Y 0 co }{y IL fAJfn } CO LL ILLL QOq JJJ{{LLJ J -1 N co 44- Y- .J -1 W c QQLLU.tLILQQIL000LLct9 LLI LLIJJJJILLLIW JLLI LLI ILJfpJ u+ 6 Ce < Q J W Q 6 0 0 CO W mIR N t0 N N N O 10 O co Q Q 00N O7 OD 0 O fA f 00 s r O0 �i 1 O N N Q 10 O H Q MD CO a7 OD N w- CO 00 Q ft N 00.- N 10 O FN m t0 h r 2 21 Southmoreland Addldon Street Imj Phases 38 & 48, Part 2 Project No. 6622 Item DESCRIPTION PART A STREETS 1.5" HMAC Type D 8" Limestone Flexible Base 4" L' e t on e FI lBae ia exlbe s (Under & Behind Curb And Gutter) Tenser Da- 1Iva Geogna Prime Coat Mc-30 @ 0.15 Gal/Sy Seal Coat 6" Standard Curb And Gutter Concrete Driveway Remove & Replace Pavement (Pavement Repair) Install Fence (Chem Lmk) Instafl Gate, (Link) Install Fence (Wood Plank) Ozone Advisory Day Traffic Control Stormwater Pollution Prevention Plan Mobulzatron/Bonds/Insurance 5' Valley Gutter Subtotal t;um iniet 5' Extension For Curb Inlet 15" RCP Class 3 24" RCP Class 3 30" RCP Class 3 42" RCP Class 3 Standard Manhole (Type A) Standard Manhole (Type M) Trench Safety (Pipes) Trench Safety (Manholes) Trench Safety (Inlets) Curb Inlet Silt Fence Silt Fence Sodding Moonizatton/Bonasdnsuranr„ e Pre - Construction Exploratory Excavations Subtotal PAR*, PART C WATER 8 (900 PVC Waterline Fire Hydrant Assembly (Ind Valve & Tee) - - c 1 d O .0i. K __ ' . N cc 17 er a a co a 0 9` 0 acc 0 a O0 ' C r) 't caccc < W 9.- cc v a7 Y g, f0 ).. O amm6m666mmmc fA OO H N a9 sr t0 chob; m m N d 97 c5 —60— IEXHIBIT "C" D.�nn 1 "•F A Corrstruation Co. BOX 1028 de, TX 78382 $ 30,728. $ 46.736. S 11,765.2 $ 2,442.'' $ 9,384. $ 30.031. 8 N 8. 8 N $ 1,596. $ 782. ?88 P) 49 49 Y 49 8 cV N $ 70,650. $ 4,176. 8 N 848 t0 61 N 49 49 19,803.001 ���r s.eol.pp� 8$�8 CO 0 49 49 CO fM N Of $ 3,427.0 $ 2,284. �i5 $ 701.2 5r S 701.2 88 Gt. .- 49 49 8 .- 49 8 f N S 36818. $ 19,991. 8 /7 CO 10 49 Garrett P.O. Inglesi UNIT PRICE $ 12.7g $ 12.45 8 g N sr N M 88'n N.- NNN 1. N ?888Q8 � vvli 49 49 r �i 49 49 S R 49 8'888 N N IV N g g m O 49 49 488 OAI CON co NNN 2 °v .- $ 45.7 $ 74.2 8�8,m O I O 49 N °8 Q 10 h ad 49 M 4 A N .z. 4969 $ 28. $ 2. 88 1n P7 ' r .- 49 49 8 co Cl H -' 8 P) N 69 8 l�l ( N 1� N N A tl WWWf i6. p I 'Of Q 8 Assemsorai ( AMOUNT om O! O V Y lh N N A m N 4,m I(t�7 N f0 .- m 49 N SPi N M 11n fD f0 NN tV (4,p' ln. N (pp fD 49 $ 4,002. $ 1,094.5 ^ .. § W N NNN F f7 fV 69 po.� O f0 NNN A 17 N N .. -# M O ®.� .0 of O tG of m4,.8. O/ N to tri pp. lq l9 fV ID l0 .- NN o. 1� 49 O gi N 49 $ 43 243. $ 20,900. W N 1fl 69 v d t Z 0 81Qi, T of NN N $ OI 49 Sr 8 N la 49 N 1111311111111111111M $ 14.__' 8 1n 8 ci 4, $ 28.5 $ 78.1; r88 — NNN M 8 1��j N 69 888 O M N N QQ88888�88$888s�abN8 a f7 ri S e- z 1: Ol g Q g ui 8 s N A sr Ol m p$ m G7 64 . 8 N S Y N 6 8 3 CO 8 N 9 nruction, LLC Box 838 r TX 77305 AMOUNT NcNO p 9 $ D C N N 49 $ 23,032.50 $ 3,291.15 8 88 O D 49 69 N 49 ms - m N S co .- N Of $ 5,281.91 $ 406.1 8 N 8 .- N $ 13,100.0 $__.... 4,101.7 m $ 18143.501 CO Y t0 N N $ 23,748.10 $ 13,486.4 p8 N N S S888gg m co' YN p $ 4,716.00 $ 13,11 00.00 CD $ 123,844.38 Z p m b N N 1N "' PI 49 $ m N W a. F z 7 'Pm f 49 C O () 49 69 P V N N N at P> NNN 9 1. SN < N fD N n 49 49 $ 31.44 $ 408.10 $ 01 r N S 49 S m P) N N $ 3,628.70 $ 1,551.04 $ 68.89 m O 49 49 $ 145.4 $ 2,992. a l9 (0 oo f m m P N ' $ 5.2 $ 13,100. V 49 $ 40. $ 3,523. P. N P) 69 A mm P) Pf N m^ C1Z il o:�3 C n! Fy ' 88 NO ,� NN 8 fV N 8 8 8 Pf m N fV 49 49 $ 9,752.0 $ 28,529.4 8 8 49 � 8 N O 1� 49 �88�888 Nrn g co N f7 4969 g 1n N1q P7 4'49 rsi < 49 8 S 1t) 49 � ' $ O/ tqM rc P) NNN � 88$888 ° to .- NN f� 1f N N 69 IA mp n7 g m N 49 494,4, Pi ti.O m CD h m O N /V N 4949 O pp OgmNON lV N 494,49 N ®p aA B f .- 4949 1� .- 49 all 49 A O h N N g fV 69 g 1q N LLCCLL 2 0 g) $ mr N N 8° Pi co 8 co v 49 co aN8 �i .- 49 49 w 49 ' n e< N $ 22.: 888 oivivi h N N .if N 8 g N N $ 12 500.1 8 (V N S 721.00 $ 515.50 8F°888888(�8 �m�8APipOI 4,494,4,4, O < m N N ri1�Pivg Ol`h N M N N N a 49 N 8 1"- 49 4 8 co N 49 8 ( N 8 O N N Southnwreland Addlaon Street Improvements Phases 3B t6 4B, Part 2 Project No. 8822 Z O }} NN } CO } N }gJ(A CO JJ56 5 n y5 � 6 55556LL 6 6LL�AJ 4 - J 4 6 4 Q COD COD Pf P) O N N O... CCOvv c'9 Nm 1 m m O a ter m — . - r- m Nat to ON N".... N V.r b0 49049 N aC O a 1[) — Z ia a E J co 4" Limestone Flexible Base (tinder & Behind Curb And Gutter) Tenser Bx -1100 Geogrid Prime Coat Mo-30 ® 0.15 Gal/Sy Seal Coat 8" Standard Curb And Guttdr rcemove a rceprace ravemem (Pavement Repair) Install Fence (Chain Link) Instal Gate. ._(Link) Instal Fence (Wood Plank) Ozone Advisory Day acormwmer munition rrevenaon Plan Mobilization/Bonds /Insurance 5' Valley Gutter Subtotal PART B STORM WATER 15' Curb Inlet 5' Extension For Curb Inlet ,15" RCP Class 3 24" RCP Class 3 30" RCP Class 3 42" RCP Class 3 Standard Manhole (Type A) Standard Manhole (Type M) Trench Safety (Pipes) FF Curb Inlet Silt Fence SIN Fence a 1 c 472 Pre- Cenetruction Exploratory Excavations 4 8" C900 PVC Waterline Fire Hydrant Assembly (Ind V & Tee) 8" X 8" Tapping Sleeve & Valve W/ Box 8" X 8" Tapping Sleeve & Valve W/ Box N «< P) I 1n . a< z P <<< CD CD a O «< N P) << O < c0 ' <<' 'N co a6 a5dia6mabaiehaschd, N CQ 1.. O® O'" N O'a 10 g d, as m m N o 0 in V 7 0 8 g F 0 0 u i iI ! a CC S? i C ; al Z ` I.O.M. AMOUNT ^^I II OS ILIMNJV { 0 tr t^+) .• - ! H H KI m o) H pN�� C O e - 4 H _ $ 904.501 $ 13,567.50 8 pp8 O f0 N 88 8 H yyH � 69 H p8p Om f" R yy H H m ' H O ON) I7 H 8 CO 6 r CI H 8 H O N CO CI H H 82 49 M $ 8,177.80! $ 16,355.6001 8 N CD- 69 8 f0 H $ 665.001 $ 1,995.001 GppD�� 3 o¢ o) Ir, H 41 88 N H H ; 1,189.60 $ 2,379.201 $ 1425.7' $ 4277.1x' $ 3,980. r $ 3,980.31 �pn1 O R ( 8 W ID�n H H Q$ H H ?p O H 8 H 1 $ 83,778 :Oq m ' g H H pp A� O r n H H ��p O b H $ 93,778. 9 672,034. UNIT PRICE $ $ 1 131.4( $ 58130 $ 379.7C I $ 270.7C $ 273.3C t: 111111•21. we M JKN A = s0 '.. AMOUNT 0 $ 2 940.0 S ann n (p 8 f'1 g O F N) r H H N H 88 1O t0 8 88 g O of N H H 88 YI . l0 H 8 N N H O § a H 8 V e7 H 88 88 § O {D O CD l+) O) H H H 8 § Of H 88 C N H 8 88 W YI CC H H 88 H § 88 § 1l7 V 1� H H �8p f 'O 8 88 /g1 O HHH pq8 ��Opp N 88 O W H 88 O H 2 1q8 pQ8j 14 pp1 M it A HHHH 8 f pq8 �1 1Y HHH 88 O O p UNIT P s 980.0 $ 450- Or p o 8 p OF H H H " "- 80 8 h 8 8 N H 49 p § O) H 8 8.8 H 8 49 8 8 8 §§ O) H H 63 8 § 0) H p § H 88 O) H H 8 § H 8 § P- H H 8 H H 8 H 88 Of N H 8 0) IO H 1 a H $ 195,949. $ 103.527. $ 125.4$8. '$ d o 1 ' $ 48.900.001 1 p Q n a H H sr Construction Hereford triad, TX 78408 8888 Z CO . H H $ 400.0C $ 5,600.00 $ 1,600.00 $ 600.0C 8 co S H 8 8 < u) p 8 88 It) H H 8 N u) H 8 8 ' 64 8 4- H 8 f7 H 8 o H 88 8 O 01 fV 0 8 H H 88 p O § V) 0) H 48 9 H 8 O H § O H 8 .- H 8 § M 88 v) H H 8 W 88 N O U) H H 8 c7 H H 8 8 Y K) H H 8 g § .- 4) H H 8 10 $ 1,200.00 $ 13,200.d $ 3.50 $ 35,700. p8 ppS RR 2 H� H 8 8 X88 88p Y N H H H Salinas Construction Tech., Inc. 3734 F.M. 3008 Pleasanton, TX 78064 AMOUNT ' $ 4 863.4t 1 $ 1 468.2€ ppH 4,N p m N {O CO .- 69 H H H $ 1,008.29 $ 15,124.35 $ 1.72 $ 2,504.32 $ 20,325.33 $ 20,325.33 $ 984.44 $ 984.45 p O H app Of iD H OO V H < CO 4- 69 N 8 m h N 4- US la 69 N H u). i N O) H H H $ 5,572.71 $ 5,572.711 ° 2 N H N to H n d lOp 4- O) H .H m p O) H H 8 01 v- H R 49 $ -_ 757. r $ 2 272.51 $ 5,608. • • $ 5,608.: • $ 47,270.581 $ 1,419.66 $ 15,618.26\ $ 3.70 $ 37,740.00 $ 53 356.26 8 p N H N CO O H HpO 04 iD p 8 p e Aa � A Oj O f'a 01 HNH 4 H y N3 40 p 0: • 69 W' r • 1 m 1- 2 p' r •O f {{W Construction, Ltd Box 7892 trial, TX 78417 AMOUNT $ 2,856.0C $ 824.0C 28 p 8 et N r H H H H 8 O) H 8 8 ce O 8§ N N 69 H 8 § H 8 q H p H NH 8 l9 H $ 11,000.00 $ 6,200.00 $ 20,060.00 $ 8 A H 8 CD H 88 8 4 H H O � H 8 p N N H H .- H 888 8Fi o o. I HHH 84 8 44 H H 344 OyH gat HHH 4 p H p 43 12100.' �O 01 O 0. z 3 ...... 8 R Uf ' H 8 O N H H 8 O f0 H H 8 H p p 2 8 8 N ,- O O H H H § N H p OI N fV H N l7 H H N A H $ 735. $ 13,750. $ 3.7 8 fD 0 Y1 H Southmoreland Addition Street Improvements Phases 3B & 4B, Part 2 t No. 8522 W QQQQ eQ[ W a Q J J J K ; J J J QQ Q J W W QQ u. W w au Subtotal Part A Straits Subtotal Part B Storm Water Subtotal Part C Water Subtotal PM D Wastewater !Subtotal Part E ADA Elements Subtotal Part F DsmolMlon Total Bid �7N� r 0l0 co Np , r e 0 N, N - l7 N CO 4 0 - I8 "X6 "Tee 0 MJ 40 Bend 8" MK 11.25° Bend 8" MJ Plug Water Service Line (Residential - Long Side Connection) (Trench Safety (Watsrhnes) Allowance For Unanticipated Adjustments 90 Q O e i PART 0 WASTEWATER 118" PVC Wastewater Line 18" C900 PVC Wastewater Line 1t PVC Force Main Relocate 16" Force Main 45* Bend 4' Diameter Wastewater Manhole Rehabilitate Existing Wastewater Manhole Trench Safety (Manholes) 1 7 C 1 ,$Q C O �gl Pre-construction !exploratory Excavations set Rim Ad All Necessary Pump Equipment For Control Of Wastewater Flow And Pressure Pipe For Bypass • 12" Line K d M PART E ADA ELEMENTS E -1 ADA Curb Ramps E -2 Concrete Sidewalk Subtotal PAR! PART F DEMOLITION F -1 Demolition Subtotal PART F DEMOLD O E ) 0 A C 00 900 0 U s- U N ff U U V 0 N 0 0 V N 00 0 (0 0 A 0 m H 00 'N a ] -62 EXHIBIT "C" Gariff Construction Co. P.O. Box 1028 Ingleside, TX 78362 $ 3.560.8 mN6 O O N NNN 8 CD N mNm N N N N N $ 23,235.75f 8 88 lh O co" h N N 8� Ol l'� N $ 1�. N $ 21,247.501 m to CD V N $ 13,800. $ 7,690.1 8 § N N N - m N imp Is, cc; N c�9 �lp9p� 01. Ol r OJ NM CND. r N $ 2 741.7 $ 17,135. �1e�p9 N N �m�y § �ln0q NNN O A E F .8 1fpD 0 w01� tit NN 8 q is:-...f 44NN 82 � (g is. f9 d N 1%22 � M N pf �p O O O A N 14 UNIT PRICE $ 1 188.9 $ 514.. ID 0 N $ 554.05 $ 198.75 O g oi _ N Pf 8 N O N N t9i O1 N t00, N t00 N r. $ 1,922._• 'OP A_ 0, .- N N . ct N WW F, tV N l+1 "1 O. N H CI1 N $ 913.90 $ 17,135.60 0 m N P! N N a oi $ A m N 10 $ J *. c8888 m8�ig vi �� NN NN 0f $ 2,288. $ 613. 8 N N e8 8 8 § of 11) M N 8 ri N 8 3 N 8 N N $ 5,518.701 $ 17,908.00 7,933.20 $ 25,850.00 8 m N 8 m N 8. 8 gib N N N 8 E N 8 8 04 m N N 8 4 N 8.8$ V- NNN S $ �," N 1� NN ' NNNN : °it M f[ 5 ,e" 8:wt2+, $ g "�' VP VP UNIT PRICE $ 1 225.40 $ 55000 $ 550.00 8 N 8 yp$ 8 N (V N N N N N pp 8 N O N N N 8 C) N 8 N 8 8 N ° 8 01 N N $ 12,925.00 8 th m N 8 i� N N 8 8 m Ol 0) N N 8 ci C11 N 8 88 0 N m N N 8 — N 8 m M 2 N ttruetlon, LLC Box 639 r TX 308 AMOU - 4 114.71 $ 1 008.7 , 8 403. ooaa�o Y V N m n N b m n .- O N N N {pp 8 W N t0 N N (p O V N a co at. N N $ 14,101.50 8 m N N $ 10,474.80 $ 8,471.40 8 to N 8 cci O1 < N 8 N 88 N m t0 N N 8 CC N a 8 P! 1q •Y m N N N 888 A N NNN 8$ 01 NN ^i1Rw" O NN-1A 7 N $$4 A N C11 A A N N EBt0 O to O d t.. z = N N N ImN0) 10 O N 8 0 n N n N N Vt 8 88p N N to N t9 8 8 O R N 0 N 01 Ui $m f0 n N m N M OTT N! 8 01 o N 8 8 N $ 1..31 $ 6,550.00 8 t0 C c N 2 8 m 8 W 10 m N N 8; m . N N m N 8 01 1[f` N =Weaver, Box 1361 k 783874 1 AMOUNT $ 3,000.60 $ 850.00 $ 425.00 888 h 8 fV N N 8 8 N N N N 8 CJ N N O N r$ 18,750.001 8 V N $ 12,400.00 $ 7,200.00 8 H 0 In N 0 Ih N $ 1,095.00 $ 5,500.00 8 co r N 8 8 N t0 N N 8 Id o O N 888 D' N Q N N 88 O +� N N 88 !!!!!! 8 8 8 UNIT PRICE $ 1,000.00 $ 425.00 $ 425.00 r $ 550. $ 500.00 $ 170.00 $ 1,400.00 8 8 pp. N O ui N N 8 8. 1A m N .. 8 N $ 310.00 $ 1,800.00 8 8 O N 8 8 O 1fj N 8 op. N tV N 88 pp. N 10 N N N 8 8. O1 N 8 8 8. 8. aD O h N N 8 ON N N N 8 8. § O N Southmoreland Addition Street Improvements Phases 38 & 4B, Part 2 Project No. 8522 W W Q Q W Q W LL N J J N J LL LL LL Q Q Q Q LL J u Q K 6 ; WW J •- ISubtotel Pat A Streets Subtotal Pate Storm Water 'Subtotal Par C Water Subtotal Part D Wastewater W — SSubtotal Part F Demolition Total Bid 8 N aY N — N N� N e0 .- F ; SCI O `I W co N.- � •�l0 r �- DESCRIPTION 8" Valve W/ Box 8" X 8" Cross 8 "X8 "Tee 8" MJ 45° Bend 8" MK 11.25° Bend 8" MJ Plug Water Service Line (Residential - Long Side Connection) Trench Safety (Waterlines) Allowance For Unanticipated Adjustments C O T 0 Subtot N � PART D WASTEWATER 18" PVC Wastewater Line 18" C900 PVC Wastewater Line 16" PVC Force Main Relocate 16" Force Main 45° Bend 4' Diameter Wastewater Manhole Rehabilitate Existing Wastewater Manhole Trench Safety (Manholes) Trench Safety (Pipes) Mobilization/Bonds/Insurance J Pre- Construction Exploratory Excavations MH Rim Ad'ustment AN Necessary Pump Equipment For Control Of Wastewater Flow And Pressure Pipe For Bypass 12" Line Subtotal PAR1 PART E ADA ELEMENTS E -1 DADA Curb Ramps E -2 (Concrete Sidewalk Subtotal PART Iii 1 DL LL N o Nf 00 N 0 m 0 A 0 m 0 00 0 0 o 6 6 W CQ A cS0C. m 0 W .- C3'c s N M a d v a —63— EXHIBIT "C Pa•e4of4 PROJECT BUDGET SOUTHMORELAND ADDITION STREET IMPROVEMENTS PHASES 3B & 4B, PART 2 PROJECT NO. 6522 February 9, 2010 FUNDS AVAILABLE: Community Development Block Grant $496,101.77 Water CIP $132,016.30 Wastewater CIP $120,776.93 $748,895.00 FUNDS REQUIRED: Construction (Haas Anderson Construction, Ltd.) $594,295.00 Contingencies (10 %) 59,430.00 Consultant (Goldston Engineering, a CH2M Hill Company) 48,070.00 Testing 3,000.00 Reimbursements 41,600.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $748,895.00 FUNDS REMAINING: $0.00 \ Mproject \ councilexhibits \ exh 65228. dwg LOCATION MAP NOT TO SCALE PROJECT # 6522 VICINITY MAP NOT 7O SCALE PHASE 38 & 4B, PART 2 EXHIBIT "E' SOUTHMORELAND ADDITION STREET IMPROVEMENTS PHASES 3B & 4B, PART 2 5 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/22/2010 7 AGENDA MEMORANDUM City Council Action Date: February 9, 2010 SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008) Project No. 5250 / CIP No. PH 08 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Stridde, Callins & Associates, Inc., of Corpus Christi, Texas, in the amount of $74,067 for design, bid, construction phase and additional services for Rehabilitation of the City /County Health Department Facility. (Bond 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 4 Public Health. The City /County Health Department Facility, which is approximately 34 years old, experiences air and moisture penetration due to the deterioration of the building's exterior seal. This project will address those deficiencies as well as provide for aesthetic improvements to the lobby and refurbish the existing airside HVAC equipment. The proposed contract is for design, bid, construction and additional phase services for this project. FUNDING: Funding is available from the Public Health Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Dkector of Public Health (City & County) 851 -7203 Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteant cctexas.com H: HOME1RachetIMGENHealth Dept5250-Rehab of City County Health Dept FocilitylAgende Memo.doc -69- AGENDA BACKGROUND INFORMATION SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008) Project No. 5250 / CIP No. PH 08 PROJECT DESCRIPTION: The City /County Health Department Facility experiences air and moisture penetration due to the deterioration of the building's exterior seal. This project proposes to seal the building envelope (including the remediation of roofing deficiencies) and seal windows, frames, exterior walls, and doors. Also included are minor aesthetic improvements in the Lobby (Main Entrance) as well as the refurbishing of the existing airside equipment. This includes replacement of the existing pneumatic controls with a new facility temperature control system that is accessible by the Health Department staff via a web browser. CONTRACT DESCRIPTION: The consultant for this project, Stridde, Callins & Associates, Inc., was selected through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects. Stridde, Callins & Associates, Inc. will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases and additional services described below: The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include permit preparation, construction observation services, start-up services, and warranty phase services. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H:IHOME1RachellelGENVHealth Dept15250 -Rehab of City County Health Dept FacilitytAgenda Background -Bond 2008.doc _70_ EXHIBIT "A" Page 1 of 2 The Rehabilitation of the City /County Health Department Facility project was included under the Bond Issue 2008 Proposition No. 4, Public Health. The amount approved by the voters for this project was $1,150,000 and the original project scope included not only the sealing of the exterior walls and window frames but also renovation of the existing plumbing and restroom areas. However, $300,000 had to be utilized for two projects at the City/County Health Department: the emergency chiller replacement, and laboratory modifications. As a result, the scope of the Rehabilitation of the City /County Health Department Facility project had to be modified to a total project cost of $850,000 and the restroom renovations will have to be undertaken as a separate project since there were not enough monies to construct all the improvements that were originally planned. Some of the restroom improvements will be undertaken to the extent permitted under change order, with the remainder of the restroom improvements being a future second phase of the project. The decision to utilize the available funds for the sealing of the facility's exterior, as opposed to extensive renovations of the plumbing and restroom areas, was made with the input of the Director of Public Health in order to continue the viability of the whole facility. EXHIBIT "A" Page 2 of 2 H: HOMEIRachellelGEMHealth Dept15250 -Rehab of City County Health Dept Facility \gad_ Background -Bond 2008.doc PRIOR PROJECT ACTIONS SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008) Project No. 5250 / CIP No. PH 08 PRIOR COUNCIL ACTION: 1. November _ 13, 2008 - Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of ,seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18. 2008 - Resolution expressing official intent to reimburse costs of the 2008. Bond Capital .Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue. 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H:HOME1RachellelGEMHealth Dept\5250 -Rehab of City County Health Deot FacilitvtPrio Project Actions -Bond der CONTRACT SUMMARY 1. SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008) Project No. 5250 / CIP No. PH 08 The City /County Health Department building is approximately thirty -four (34) years old. The exterior sealing has deteriorated, thus allowing air and moisture to enter the building. The air handling units and the controls system are approximately 34 years old as well and have diminished in performance over the years and the controls are antiquated. These issues appear to be the source of most of the HVAC maintenance issues. This project proposes to seal the building envelope (including the remediation of roofing deficiencies) and seal windows, frames, exterior walls, and doors. Also included are minor aesthetic improvements in the Lobby (Main Entrance) as well as the refurbishing of the existing airside equipment. This includes replacement of the existing pneumatic controls with a new facility temperature control system. The control interface is accessible by the Owner via a web browser. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit °A" and "A -1 ", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Monday February 22, 2010 Begin Preliminary Phase Friday March 12, 2010 Begin Design Phase Friday April 23, 2010 Interim Submittal Thursday May 6, 2010 City Review Thursday June 3, 2010 Pre -Final Submittal Thursday June 17, 2010 City Review Thursday July 8, 2010 Final Submittal Monday July 19 & 26, 2010 Advertise for Bids Wednesday July 28, 2010 Pre -Bid Conference Wednesday August 4, 2010 Receive Bids Tuesday August 17, 2010 Council Award Tuesday August 30, 2010 Begin Construction Weekday December 2010 Construction Completion H: HOME\Rachelle1GEMHealth Dept15250 -Rehab of City County Health Dept Facilityriogtract Summary.doc EXHIBIT "C" Page 1 of 2 4. FEES Fee for Basic Services 1. Preliminary Phase $10,500.00 2. Design Phase 43,800.00 3. Bid Phase- 3,650.00 ' 4. Construction Phase 1,500.00 Subtotal Basic Services Fees 59,450.00 Fee for Additional Services (Allowance) 1. TDLR Review (ADA Compliance) 1,067.00 2. ROW Acquisition Survey N/A 3. Topographic Survey N/A 4. Environmental Issues N/A 5. Construction Observation Services 9,950.00 6. Start-up Services 1,800.00 7. Warranty Phase 1,800.00 8. Provide SCADA Documentation N/A Subtotal Additional Services Fees Authorized 14,617.00 Total Authorized Fee $74,067.00 The estimated cost of construction for Rehabilitation of the City /County Health Department Facility is $637,500. The basic services fee proposal for this project is $59,450. Therefore, the percentage of basic engineering services cost to construction cost is 9.3 %. H: HOME1Rachelle1GEMHealth Dept15250 -Rehab of City County Health Dept Facility\Contract 4- Summary.doc -7 \ Mproject \ councilexhibits \ exh5250. d wg PROJECT SITE HEALTH DEPARTMENT FACILITY 1702 HORNE RD. REHABILITATION OF CITY /COUNTY HEALTH DEPARTMENT FACILITY (BOND ISSUE 2008) _7 5_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 IMMII DATE: 01/22/2010 w 8 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: February 9, 2010 A) Motion authorizing the City Manager to enter into an outside city limits water contract with Derek and Esmeralda Henderson to provide public water to their property located outside the city limits on Lot 15, Block 7, London Club Estates under Section 55 -111, Code of Ordinances. B) Motion authorizing the City Manager to enter into outside city limits water contracts with the property owners in London Club Estates to provide public water to their respective properties located outside the city limits without bringing each agreement to the City Council for approval under Section 55 -113, Code of Ordinances. ISSUE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. Upon City Council approval, the City Manager or designee would be authorized to execute the water service contract. The second motion would authorize the City Manager to execute water service contracts for the property owners within London Club Estates without bringing each contract before the Council. RECOMMENDATION: A) Approval of the Motion authorizing the City Manager to enter into an outside city limits water contract with the property owner of Lot 15, Block 7, London Club Estates. B) Approval of the Motion authorizing the City Manager to enter into an outside city limits water contract with the other property owners within London Club Estates in accordance with Section 55 -111, Code of Ordinances. REQUIRED COUNCIL ACTION: A) Approval of motion authorizing the City Manager to enter into an outside city limits water contract with Derek and Esmeralda Henderson to provide public water to their property; and B) approval of motion authorizing the City Manager to enter into outside city limits water contract with the property owners of London Club Estates without bringing each agreement to the City Council. \AA,14-, Juan Perales(Jr., P.E. Assistant City Manager Departments of Engineering & Development Services JohnnyP @cctexas.com (361) 826-3828 Attachments: Exhibit A — Background Information Exhibit B — Location Map Exhibit C — Outside City Limits Water Contract H:\PLN- DIR\SPECIAL SERVICESIPLATSIWATER CONTRACTILONDON CLUB ESTATES \COUNCIL AGENDA MEMO.00L WATER CONTRACT DOC -79- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section 55 -111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owners, Derek and Esmeralda Henderson, are currently having their house built on a tract of land outside the city limits. The Hendersons own the property known as Lot 15, Block 7, London Club Estates. When London Club Estates subdivision was constructed, public waterline was extended to the area and made available to the properties within London Club Estates. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. The Hendersons submitted construction plans to the City on January 5, 2010. The plans have not been approved due to missing documentation. Once the issues have been resolved, a building permit will be issued and construction begun. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. London Club Estates was approved by the Planning Commission on November 15, 2006 and recorded in the Nueces County map records on June 4, 2009. London Club Estates is located north of FM 43, east of FM 763 and approximately 2.5 miles west of State Highway 286. (See Attachment B) As part of the development of the subdivision, a waterline was extended from London School to the subdivision in order to provide public water to the proposed lots. London Club Estates contains 111 Tots_ In accordance with Section 55 -113 of the Code of Ordinances, the Council would be required to approve each contract for the remaining 110 properties. In order to expedite the contract and not bog down the Council with all of these contracts, Staff recommends that the Council authorize the City Manager to execute the remaining water service contracts for London Club Estates. The future contracts for the properties within London Club Estates would not differ much from the contract with Derek and Esmeralda Henderson. (See Attachment C) Therefore Staff recommends the City Council approve a motion to authorize the City Manager to enter into an outside city limits water contract with Derek and Esmeralda Henderson to provide public water to their property located outside the city limits. Staff further recommends that the City Council authorize the City Manager to enter into outside city limits water contracts with the property owners in London Club Estates to provide public water to their respective properties located outside the city limits without bringing each agreement to the City Council for approval. EXHIBIT A H: \PLN- DIR\SPECIAL SERVICES \PLATS \WATER CONTRACT\LONDON CLUB ESTATES\COUNCIL AGENDA MEMO BACKGRD INFO.00L WATER CONTRACT DOC _80_ v Miles 0 0.1 0.2 0.4 Legend PLANNING.CITYLIMITS Title Printing. Date. 1 /20/2010 File H`FLrJ -Dik∎ HAPEL Y2;$ Proreil soltaiguehLandon_,:lut_Estates ,.a Prepared By ItAE Illustrative plroases only Coord nate System r LAD 1883 StatePiane Texas South FIRS 42n5 Feet City or Corpus Chow u'2 Development Services EXHIBIT B CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into in triplicate originals by and between Derek and Esmeralda Henderson ( "Owners "), whose address is 3106 Alta Gigonelia, Corpus Christi, Texas 78415; Kevin M. Maraist, Trustee ( "Trustee "), whose address is 1001Third Street, Suite 1, Corpus Christi, Texas 78404; First Community Bank ("Vendor' Lienholder "), whose address is 14254 South Padre Island Drive, Corpus Christi, Texas 78418; Jared W. Dreiling, d /b /a New Dawn Construction ( "Builders and Mechanics Lienholder "), whose address is 510 E. Broadway Blvd., Portland, Texas 78374; and the City Of Corpus Christi, Texas ( "City "), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions stated in this contract. WITNESSETH: 1. That Owners are owners in fee simple and of all existing rights, titles, and interests in of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port- related industry, as defined by Section 55 -111, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: London Club Estates, Block 7, Lot 15 II. That Trustee has a deed of trust security agreement — financial statement, recorded in the official records of Nueces County as Document #2009050597 on 12/17/09, on the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port- related industry, as defined by Section 55 -111, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: London Club Estates, Block 7, Lot 15 III. That Vendor's Lienholder has a warranty deed with vendor's lien, recorded in the official records of Nueces County as Document #2009050595 on 12/17/09, on the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port- related industry, as defined by Section 55 -111, EXHIBIT C Page 1 of 5 —82— Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: London Club Estates, Block 7, Lot 15 IV. That Builders and Mechanics Lienholder has a builders and mechanics lien contract of improvements (with transfer of lien), recorded in the official records of Nueces County as Document #2009050596 on 12/17/09, on the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port- related industry, as defined by Section 55 -111, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: London Club Estates, Block 7, Lot 15 V. City agrees to deliver City water to the property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55 -111 as amended, of the Code of Ordinances, City of Corpus Christi. VI. Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder agree to construct all improvements on the property in accordance and compliance with all City codes and regulations, and to obtain all City technical construction permits as though the property were inside the City. Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder consent to allow inspections of all of the construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder agree that as to any improvements the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. VII. IT IS AGREED by and between the parties to this contract that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55 -111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder agree to annex the property within the effective date of the annexation being the date when the property becomes adjacent to the City limits, or will become adjacent to the city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. VIII. Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder agree and understand that a breach of the covenants and conditions in this contract render Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder liable to termination of the delivery of water by the City, and upon a finding of fact by the EXHIBIT C Page 2 of 5 —83— City Manager that any of the covenants or conditions in this contract have been materially breached, the delivery of water to owner will be terminated. IX. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. X. IT IS AGREED by and between the parties to this contract that all of the above conditions shall be binding upon the successors and assigned of the Owners and each of them, and constitute covenants running with the land. WITNESS OUR HAND, this day of , 2010. Owners(s): Derek and Esmeralda Henderson Derek Henderson Esmeralda Henderson THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2010 by Derek Henderson. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2010 by Esmeralda Henderson. Notary Public, State of Texas EXHIBIT C Page 3 of 5 —84— Trustee — Kevin M. Maraist Kevin M. Maraist Trustee THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2010 by Kevin M. Maraist, Trustee, on behalf of the trust. Notary Public, State of Texas Vendor's Lienholder -- First Community Bank Miles Graham Vice President THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2010 by Miles Graham, Vice President, First Community Bank, on behalf of the bank. Notary Public, State of Texas EXHIBIT C Page 4 of 5 —85— Builders and Mechanics Lienholder — Jared W. Dreiling, d /b /a New Dawn Construction Jared W. Dreiling THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2010 by Jared W. Dreiling. Notary Public, State of Texas City of Corpus Christi 'Angel R. Escobar City Manager APPROVED AS TO FORM: ATTEST: R. Jay Reining Armando Chapa First Assistant City Attorney City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 2010, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas EXHIBIT C Page 5 of 5 H:\PLN -DIR \SPECIAL SERVICES\PLATS \WATER CONTRACT■LONDON CLUB ESTATESIWATER SERVICE CONTRACT.01212010.DOC —86- -C - - LOT 15, BLOCK 7 LONDON CLUB ESTATES CITY LIMIT LINE v Miles 0 0.1 0.2 0.4 Legend • I PLANNING. CITYLIMITS Title Printing Date /20/201i• File' Fniiect s4migge11Londor_.;lut!_Estates LfiS BII i foxtl Prepared By KAB illustrative PLB S s only Coordinate Systern NAC :i283 RaePiane Texas South FIPS -205 Feel E city or Corpus Chnsn ©Deyeloprnent Servixs EXHIBIT A 9 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING - ZONING (City Council Action Date: February 9, 2010) Case No. 0110 -01 - Anthony's Aveda Concept Salon - A change of zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District resulting in a change of land use from Vacant Office Space to Retail Prepared Food Sales use on the property described below: Sunnyside Strip Lot 13 and Lot 14A. PLANNING COMMISSION AND STAFF RECOMMENDATION (January 6, 2010): Approval of the request for a change of zoning from the "AB professional Office District to the "B-1" Neighborhood Business District. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning on .33 acres from a " "AB" Professional Office District" to the "B -1" Neighborhood Business District, to extend the neighboring "B -1A" Neighborhood Business District to provide contiguity with the adjacent lot and existing business and to allow for retail prepared food sales. Existing Land Uses: The subject property is used for beauty parlor uses. The beauty parlor establishment occupies four contiguous lots, Sunnyside Strip Lots 13, 14A, 14 B and 15. The subject property also includes vacant professional office space partially occupying Lot 13. Professional Office space is located to the north and south. Low- Density Residential uses are located to the east and Public /Semi - Public uses are to the west. Existing Zoning: The subject property is zoned as an "AB" Professional Office District. This district permits business and professional office uses, as well as, single - family, duplex, multiple - family uses (maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in the building or on the property lot. Thexdistrict 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. Proposed Zoning: The "B -1" Neighborhood Business District allows for single - family, duplex, multiple family, office professional service 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 subject property is located adjacent to a residential district; in which case a ten (10) foot rear yard setback is required. The "B -1" District permits a residential Agenda Memo Case No 0110 -01 (Anthony's Aveda Concept Salon) Page 2 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. Transportation and Circulation: The subject property in located on Everhart Road. Currently, Everhart Road is a Al Minor Arterial, five -lane road, 95' in width, with a 64' of the width paved. Infrastructure Demand: ❖ Water: The subject property has an 8" water line which runs along Everhart Road in front of subject property and a 6" line to the east of the property along Sam Street. ❖ Wastewater: The City of Corpus Christi has an 8" inch wastewater line which runs along Everhart Road in front of subject property. • Stormwater: There is an existing stormwater line along Everhart Road and Sam Street. Public Safety: + Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C20. Crime statistics up to 2005 show an increase from 1,895 crimes committed in 1993 to 1,910 crimes in 2005. The last year for which statistics are available is 2005. ❖ Fire: The closest Fire Station is number eleven (11), located at 910 Airline Road. Environmental Constraints: ❖ FENIA Flood Zone: C, areas of minimal flooding. • Flight Zone: None. Notification: Of the eighteen notices mailed to the surrounding property owners, zero notices were 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. 414 Juan Perales, ., P.E. Asst. City Manager, Engineering and Development Services Email: johnnvp(ti'icctexas.com, Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) CITY COUNCIL ZONING REPORT Case No.: 0110 -01 Planning Commission Hearing Date: January 6, 2010 City Council Hearing Date: February 9, 2010 Applicant: Anthony's Aveda Concept Salon Owner: Dionicio and Esperanza Garza Representative: Joe L. Garcia Address: 809 & 817 Everhart Legal Description/Location: SUNNYSIDE STRIP, LOT 13 AND LOT 14A, generally located on the corner of Jaquelyn Drive and Everhart Road, approximately 400 feet northwest of the intersection of Everhart Road and Staples Street. Zoning Request From: "AB" Professional Office District To: "B -1" Neighborhood Business District Area: 0.33 acres Purpose of Request: The applicant is requesting a change in zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District, to extend the neighboring "B -1" Neighborhood Business District to allow for retail prepared food sales. Zoning Existing Land Use Future Land Use Site "AB" Professional Office Space Professional Office Professional Office North "AB" Professional Office Space Professional Office Professional Office .South "B-1" Neighborhood Business District Commercial Commercial East "R -1B" One - family Dwelling District Low - density Residential + Low- density Residential West "R -1B" One- family Dwelling District Public /Semi - Public Professional Office ADP, Map & Violations Area Development Plan: This tract of land is located in the Southeast Area Development Plan and is planned for Professional Office space uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for Professional Office. However, a "B -1" District could be supported as a continuation of the "B -1" District to the south. Map No.: 043037 Zoning Violations: None Lon ing Report Case -. 0110-01 Anthony's AVeda Concept Salon Page 2 STAFF SU'v'tMARY: Request: The applicant is requesting a change of zoning on .39 acres from the 'AB" Professional Office" District to the ".B -l." Neighborhood. Business District, to extend the neighboring "B -1A" Neighborhood Business District to provide contiguity with the adjacent lot and existing business and to allow for retail prepared food sales. Existing Land Uses: The subject property is used for beauty parlor uses. The beauty parlor establishment occupies four contiguous lots, Sunnyside Strip Lots 13., 14A, 14 13 and 15. The subject property also includes vacant professional office space partially occupying Lot 13. Professional Office space is located to the north and south. Low - Density Residential uses are located to the east and Public/Semi- Public uses are to the west. Existing Zoning: The subject property is zoned as an "AB" Professional Office District. This district permits business and professional office uses, as well as, single- family, duplex, multiple - fancily uses (maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty eulturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be. used or stored in the building or on the property lot. The district requires a front yard setback of twenty (20) feet, and a side and rear yard setback of ten. (10) feet. The maximum height in the "AB" District is 45 feet, or three (3) stories. Proposed Zoning: The "13-1" Neighborhood Business District allows for single - family, duplex, multiple family. office professional service 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 subject property is located adjacent to a residential district; in which ease a ten (10) foot rear yard setback is required. The "B -•1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the "13 -1" District.. Transportation and Circulation: The subject property in located on Everhart Road. Currently. Everhart Road is a Al Minor Arterial, five -lane road, 95' in width, with a. 64' of the width paved. Traffic Count: Street s Urban Transportati on Plan Type Jaquelyn Drive % ! Al Minor Everhart Road Arterial Existing ; Planned ROW 1 Traffic ROW and ; and Paved Volume Paved Section Section 95' ; 64' 2001 Everhart Road = 15.35.3 Zoning Report Case 01 10-001 Arrhon.'s Aveda Concept: Salon Page. Infrastructure Demand: *t Water: The subject property has an 8" water line which. runs along Everhart R.oad in front of subject property and a. 6" line to the east ofthe property along Sam Street. ►:* Wastewater The City of Corpus Christi. has an 8" inch wastewater line which runs along Everhart road in front of subject property. +;> Storrnwater: There is an existing stormwater line along Everhart Road and Sam. Street. Publiv Safety: Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C20. Crime statistics up to 2005 show an increase from 1,895 cringes cornmttted in 1993 to 1,910 crimes in 2005. The last year for which. statistics are available is 2005. Fire: The closest Fire Station is number eleven €111, located at 910 Airline Road. Environmental Constraints: ��► FE MA Flood .Zone: C *D. Flight Zone: None RELATIONSHIP TO Si11 ART GROWTH PRINCIPLES: (See Attachment 19 Staff has reviewed the rezoning request against Smart Growth Principles and has rated the request with 3 stars out of a. possible 5 stars. with 40 points on a scale of 100 points. COMPREHENSIVE PLAN CONSISTENCY: The adopted Future Land Use Plan designates the subject property for Professional Office use therefore the proposed 13 -1" Neighborhood Business District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. Land Use Policy: 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, screenins fences. etc. Zoning deport Case t) f l0 -0 I Anthony's :Aveda Concept Salon Page. 4 Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax valcte, less owner occupancy, and an overall reduction in the quality of the neighborhood. The applicant would be required to ensure that enough landscape or solid fence screening exists around the proposed use to buffer the adjacent neighborhood AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: Southeast ADP POLICY STATEMENT B.12 Much of the area long Everhart Road between SPED and Staples Street is transitioning from residential, office and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City vvil.i encourage the most intensive nodes of commercial development at the intersection of SPID and. Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses. Over a period of years the increase in traffic flow on Everhart Road has made residential areas less desirable for residential use and attractive for intensive commercial. redevelopment_ The City's Special Permit (Zoning Ordinance) has been used to grant general commercial uses for many of these properties while retaining the underlying low intensity zoning district. As this area continues to redevelop with commercial uses. the City should require property owners to develop their properties in a way that will minimize negative impacts to adjacent residential neighborhoods and fescr commercial uses still going through. transition. The following design objectives and list of prohibited uses should be applied to this area. a. No loading areas allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. b. No trash dunipsters allowed within. 50' of the rear property line and within. 10' of the side property lines which abut single family zoning districts. c. Lighting directed away from residential areas. d. No public address systems allowed and noise attenuation techniques may be required. For example, noise attenuation may include an eight foot screening wall instead of a standard 6' fence. Another example might be to prohibit garage doors along the rear of a building_ (side next to residential zoned area) to reduce noise from auto repair shops. Case =. 0 + 1 V.-13 An :!1on4 .. -Aveda Conc ;zt. Sat:1n PaE:te 5 e. Prohibited uses - uses associated with noise or hullo traffic generation beyond the usual business hours of 8 a.m.. to 7 p.rn. should be prohibited. Such uses would include but: are not limited to bars, clubs, dance falls or taverns; billiard parlors, bot. iin`u alleys, or slating rinks; 24 hour printing, publishing or engraving. Implementation. of these design objectives could be: accomplished by the existing Special Pennit process. Staff Comment: The subject property is located within the vicinity mentioned by this policy. The use immediately to the north of the subject property= is still zoned "AB" District, used for, and planned for professional office use through the adopted Future Land Use Map. Although a "B -IA" Neighborhood rhood Business .District could be recommended for the subject property, the "B -L4" District does not allow f ctr pre-packaged ged food sales. Staff could support a Special Permit in this .situati »Pr' ahrng with a "B-l" .District as a continuation of the "8 -I" District to the south. PLAT S'I'ATIJS: The subject property is platted.. DEPARTMENT COMMENTS: August -. 2001 - Change of zoning request, which included Lot 143 and 15 n Staff. recommended denial of" 3. -1" citing that the "AB" District would be more consistent with the ADP c. Shill stated approval of "B -1" District may trigger future rezonings on adjacent tracts 0 'Me proposed uses are not consistent with. Existing or Future Land Use Map since the Future Land Use Map designates the property on both. lots as being planned for "AB" Professional. Office use. The current business straddles tour lots with 2 separate zoning districts, both "B -1 A" and "Air : anitb n zoning of the Lots would provide contiguity of current: anal. future uses. At present, there is a visual screen from view of the dumpster or trash receptacle which is located in parking and visible from Jaquelyn Drive. PLANNING COMMISSION & . S f AFD RECt)MyiE: i t)ATION: Staff recommends approval of the "3 -1' Neighborhood. Business District. Zoning Report. Case A: 0110 -0 I Anthon }• s Aveda Concept Satan Pay e 6 Number ofNotices Mailed Total —18 within 200 foot notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For % as of December 31, 2009 t Attachments: 1. Site 2009 Aerial 2a. Neighborhood — Existing Land Use 2b. Site °- Existinu Land Use 3. Site Future Land use 4. Site — Existing Zoning, Notice area. Ownership 5. Comments received from Public Notices mailed 6. Notice Mailing List 7. Smart Growth Principles 8. Site Plan � .. x�� •�. ,.. .70...:41:V4-031:171.:%:::- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0110 -01 Name: Anthony's Aveda Salon 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: 22 0 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 0 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 \l. Planning Commission\2009 PC\2009 Public Comments \1209- 04.doc -109- ID LIT la 0 g F..511.0'61118 ;Mill gilt 1e s n Ei g ! M ti T q Q, 1 ;1 11/1 e ;im T <n o P TNmggUo r o gQs g o o O s g$ ; c g { � iFi r Iii "�" aT � S' an C c T a T N g F 3 T alt 113 N cccccc g 2 !g°c°cagggg'c =22332 1221g22222 ggg P.... ..>FC «oio: MWITIMEMEM 19 11111 ! :: "ao11E!°7,q"" a mN D y 4 V F F g z z 1• w X1 Et 511 S�S Pn n r�g� P ug o$B�SIYi w D T. N t N g N W �n N N N r t O t N g g e 1.12 84 WOAUsE)satirxN 0 0 0 c 0 0„ 0 .0 0 0 0 0 0 0 0 0 0 0 o e 88 %%% %8%%88%%8 %888 %q ;MART GROWTH COMPARISON: ATTACHMENT #8 Polices listed below are taken from "Getting to Smart Growth II: 100 More Policies for Implementation ", provided by the Smart Growth Network. These policies are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these policies are in no way meant to serve as additional development requirements or regulations. Smart Growth policies for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for ncr asin o ulations and rowth and achieving healthy communities that provide families with a clean environment. e 9P P 9 Zoning Case:_ #0110 -01 Anthony's Aveda Concept Salon From: _ "R -1B "_ To _ "R -1C "_ Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 4 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 Dmployment, housing, retail, civic, educational, cultural, recreation, 2 uses added 2 x 3 Zeighborhood- serving retail/service? 1 use added 1 2 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 x 2 No 0 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more Yes 1 gores and restaurants within a neighborhood boundary, or creates opportunities No 0 x 3 to pursue a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower - density Yes 1 2 neighborhoods? No 0 x 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 x 3 within the community? (condos, townhomes, single - family, apartments) No 0 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income Yes 1 x 3 homeowners and individuals to reduce building costs and uses available No 0 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 x 3 range in pricing available for varying income levels for sale or lease? No 0 0 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- No 1 0 x 3 distance commutes? 3 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 x 3 development or connects to existing sidewalks? No 0 0 Promotes development so children are close enough to walk to school? Yes No 1 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 2 The building is an existing building that is historic in any way, or provides Yes 1 2 focus on a historical, cultural, or natural attributes? No 0 x 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes No 1 0 x 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? 2 Promotes shopping and makes retail centers distinctive and attractive Yes 1 x 3 destinations and gathering places where residents frequent on the weekends? No 0 0 Revitalizes the waterfront, beach, or bay areas? Yes No 1 0 x 3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x3 0 —111— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution Yes No 1 0 x 4 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 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 0 Provides community green open space or includes useable green space for Yes 1 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 15 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than '/4 mile 2 x 4 ' /4to' /zmile 1 '/z +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 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would make the property a productive piece of land? Yes No 1 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or areas, such as parks, fishing piers, boat storage areas, or rental equipment? Yes No 1 0 x 2 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 Yes 1 x 2 historically declining school enrollment? No 0 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. 7 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 2 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 0 x 3 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 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 0 Point Grading System: Smart Growth Rating Total Points 40 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * —112— a =.Y cTiNy i° ill 3 L'v -113- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, January 6, 2010 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, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, City Planner Lisa Wargo, Senior 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. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0110 -01. Anthony's Aveda Concept Salon — A change of zoning from the "AB" Professional Office District to the `B -1" Neighborhood Business District resulting in a change of land use from Vacant Office Space to Retail Prepared Food Sales use. Sunnyside Strip Lot 13 and Lot 14A, generally located on the corner of Jaquelyn Drive and Everhart Road, approximately 400 feet northwest of the intersection of Everhart Road and Staples Street. Sr. Planner Lisa Wargo presented a PowerPoint presentation and stated that the request for rezoning is from the "AB" Professional Office District to the "B-1"i Neighborhood Business District for the sale of prepared packaged gourmet foods. The "AB" Professional Office District does not allow for retail sales or window /door displays of merchandise or restaurant uses. The `B -1" Neighborhood Business District does allow for retail sales and restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars). Department Comments: In August of 2001, a change in zoning was requested, which included Lots 14B and 15. Staff recommended denial of the "B -1" zoning request citing that the "AB" District would be more consistent with the ADP. Staff stated approval of "B -1" District may trigger future rezoning on adjacent tracts. The proposed uses are not consistent with Existing or Future Land Use Map since the Future Land Use Map designates the property on both lots as being planned for "AB" Professional Office use. The current business straddles four lots with 2 separate zoning districts, both "B -1A" and "AB "; uniform zoning of —114— Planning Commission Minutes January 6, 2010 Page 2 the lots would provide contiguity of current and future uses. Staff would also support a special permit in this situation. Staff Recommendation: Approval of the "B -1" Neighborhood Business District for Salon/Spa and Food Packaging and Sales Business, subject to the following (6) six conditions: 1. Hours/Days of Operation: Hours of operation shall be between the hours of 9 a.m. and 7 p.m., Monday thru Saturday. 2. Lighting: Any outdoor lighting must be shielded and directed away from adjacent residential uses. 3. Screening: If not already provided, a solid screening fence must be constructed along the eastern boundary and eastern portion of the property where residential zoning districts are designated adjacent to the subject property. 4. Trash Screening: The Applicant must visually screen from view any dumpster or trash receptacle utilized outdoors, through the construction of a solid fence surrounding the receptacle with two front doors positioned on the opening side. 5. Improved Parking Surfaces: The Applicant must provide an all - weather surfaced parking area and driveway with enough marked parking for the commercial business at a ratio of 1 parking space per 200 sq. ft. of building floor area for the Salon and Spa and 1 parking space per 100 sq. ft of building floor area for the vacant property (47 total marked spaces), and meet the design criteria of Section 22 -4, "Design Standards ", of the City's Zoning Ordinance. 6. Landscaping: Landscape screening shall be placed along all vehicular use areas in accordance with Article 27B of the Corpus Christi Landscape Ordinance. Of the eighteen (18) notices that were sent out to property owners within the 200 ft. area, zero (0) were returned in favor and zero (0) were returned in opposition. The public hearing was opened for a public commenting period. In favor: 1. Joe Garcia, 4626 Weber Rd., Corpus Christi, Texas. Mr. Garcia stated the uses that are being planned for the subject property. He stated that the entire property is the Anthony's Aveda Concept Salon except for the vacant area of the building. The proposed new tenant would like to open up a retail sales operation, mostly a gourmet market with prepackaged food for sale. This function is not allowed in the "AB" district, and a request for a zoning change to the `B -1" district for the vacant part of the property is being made to the Planning Commission. —115— Planning Commission Minutes January 6, 2010 Page 3 Commissioner Tamez had a question for Staff at this time. He stated that the Planning Commission has in the past granted a lower zoning district with special provisions. He questioned the `B -1" zoning request with certain requirements. Mrs. Faryce Goode Macon stated that Staff will correct the staff recommendation to be the "AB" district with a special permit attached, or go with the "B -1" district rezoning, or for denial. Commissioner Tamez asked Mr. Garcia if the rezoning to the "B -1" district is ultimately preferable to the applicant. Mr. Garcia replied the uniformity in zoning is what is preferable and that would be to make the entire property in the `B -1" district for uniformity. Mrs. Goode Macon mentioned that at the time of past application, the applicant was approved the `B -1A" zoning. Mr. Garcia stated that the zoning map was incorrect and that the `B -1" district is what was rezoned for the property. Mrs. Goode Macon then stated that the majority of the property is zoned `B -1" except for the parking in the rear of the building, which has a special permit. Commissioner Skrobarczyk questioned whether the new buffer zones proposed in the UDC, would provide a condition to allow the property owners of adjacent properties to go back to the next right -of -way, would the expectation be citywide that on Everhart, Airline, and Staples be broadened to move toward the `B -1" district? Mrs. Goode Macon stated that with the anomalies associated with each individual case, the cases would be considered on a case -by -case basis. Mrs. Goode Macon explained that Staff's recommendation is for a special permit simply due to the house in the rear of this property. Staff does visualize that this area is transitioning. One of the options for the Commission is that if Commissioners feel this area is not ready to go the `B -1" district, a special permit is still an option. Commissioner Skrobarczyk stated that with the new buffer zones in the area being `B -1 ", the "B -1" rezoning option is probably the preferred solution. Mrs. Goode Macon again noted that the cases really should be considered on a case -by -case basis. Vice Chairman Huerta asked about the portion of the building being used. Mrs. Goode Macon stated that the portion already in use is a hair salon and the request of zoning pertains to a part of the building that is currently vacant. Vice Chairman Huerta asked Mr. Garcia if he would prefer the "B -1" zoning over the special permit and Mr. Garcia said that the "B -1" is preferable. Mr. Garcia stated that banks sometime have difficulty understanding the special permit concept, and that for financing a project, special permits are not preferred. No one came forth in opposition and the public hearing was closed. —116— Planning Commission Minutes January 6, 2010 Page 4 Motion to approve a change in zoning to the `B -1" district was made by Commissioner Tamez and seconded by Vice Chairman Huerta. Motion passed unanimously. Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANTHONY'S AVEDA CONCEPT SALON (applicant), BY CHANGING THE ZONING MAP IN REFERENCE TO 0.33 ACRES OUT OF SUNNYSIDE STRIP, LOTS 13 & 14A, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Anthony's Aveda Concept Salon, 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, January 6, 2010, during a meeting of the Planning Commission, and on Tuesday, February 9, 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 0.33 acres out of Sunnyside Strip, Lots 13 and 14A, located on the corner of Jaquelyn Drive and Everhart Road approximately 400 feet northwest of the intersection of Everhart Road and Staples Street, from "AB" Professional Office District to "B -1 "Neighborhood Business District. (Zoning Map 046037) (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. 0110 -01 Anthony's Aveda Concept Salon - Requestor -PC -& Staff- zoning.Final 1- 28- 10.doc -118- Page2of3 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 borah Walther Browrt •: Assistant City Attorney For City Attorney f 0110 -01 Anthony's Aveda Concept Salon - Requestor -PC -& Slagoning.Final 1- 28- 10.doc 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 0110 -01 Anthony's Aveda Concept Salon - Requestor -PC -& Staff- zoning.Final 1- 28- 10.doc -120- NNrs:QAV' — tr, / v - f I/ - st 21 ,20,_ 79 SUBJEC PROPERTY 13-4/SP/98-02 84 i CASE # 0110.01 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: AB To: B -1 ORDINANCE: -121- .A ON C>:CP4, 11.•7 I i)$1 1-0616)1i tidy 1-i,31011iiatr /PC. 4;c 1== •••=4 4=2;1. 4 • ' • I - -122- 1 - • —..94146 .••■ • ■••• sle.4 ; • 10 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING - ZONING (City Council Action Date: February 9, 2010) Case No. 0110-02 Ed Hicks Imports. Ltd..: A change of zoning from the "R-1B" One - family Dwelling District to the "B-4" General Business District resulting in a change of land use from Vacant Land to Parking Lot use on the property described below: A 2.243 Acre Tract of Land out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally located southeast of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road. PLANNING COMMISSION AND STAFF RECOMMENDATION (January 6, 2010): Planning Commission and Staff recommend approval of the Applicant's request for a change in zoning from the "R -1 B" One - Family Dwelling District to the "B-4" General Business District. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. Summary: Request: The Applicant is requesting a change in zoning from the "R -1 B" One - Family Dwelling District to the "B-4" General Business District, for additional parking to the Ed Hicks Nissan car dealership. This addition will provide 211 parking spaces as well as a retention pond along the northern boundary. Background: The subject property. currently owned by the Corpus Christi Independent School District (CCISD - South Parts Middle School) and has authorized Ed Hicks Imports, Ltd. to proceed with the process of rezoning the subject property. The proposed parking lot for the auto dealership and the retention pond is supported by CCISD. Existing Land Uses: Currently a portion of South Park Middle School property. -125- Agenda Memo Case No. 0110 -02 (Ed Hicks Imports, Ltd.) Page 2 Existing Zoning: The subject property is zoned as an "R-1B" One Family Dwelling District. The "R-1B" District allows for single - family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single- family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -18" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The applicant is requesting a change in zoning to the "B-4" General Business District. The purpose of the "B-4" General Business District is to provide for commercial development such as retail, as well as, automotive sales and service uses. Transportation and Circulation: The subject property will have access to South Padre Island Drive. The F1 Freeway /Expressway provides adequate access for traffic. Infrastructure Demand: ❖ Water: A 6 -inch water line runs to existing business. ❖ Wastewater: The City of Corpus Christi has a 10 inch wastewater line that runs underneath South Padre Island Drive frontage road. + Stormwater: A stormwater line is located undemeath South Padre Island Drive frontage road. ❖ Gas: A 2 -inch gas lines runs undemeath South Padre Island Drive frontage road. Public Safety: ❖ Police: ❖ Fire: The subject properties are served by the Corpus Christi Police Department and are in the Directed Patrol District C10. Crime statistics indicate an increase from 3,194 crimes committed in 1993, to 1,137 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 8, located at 4645 Kostoryz Road. Environmental Constraints: ❖ FEMA Flood Zone: FEMA flood map information for this property was not available. • Soils: (VcA)— Victoria Clay ❖ Drainage class: Well Drained ❖ Depth to water table: More than 80 inches • Frequency of flooding: None ❖ Frequency of ponding: None • Available water capacity: Moderate (about 6.9 inches) Agenda Memo Case No. 0110 -02 (Ed Hicks imports, Ltd.) Page 3 Notification: Ten (10) notices mailed inside the 200 ft. radius and one (1) notice outside 200 ft. radius notices mailed to the surrounding property owners, six (6) notices were retumed in favor (by the property owner) plus one (1) notice was returned in favor (non- property owner). 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. .44 Juan Perales,'Jr., P.E. Asst. City Manager, Engineering and Development Services Email: johnnypCa)_cctexas.com, Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —127— CITY COUNCIL ZONING REPORT Case No.: 0110 -02 Planning Commission Hearing Date: January 6, 2010 City Council Hearing Date: February 9, 2010 Applicant & Legal Description Applicant: Owner: Representative: Address: Legal PLACE, BLOCK 1,000 feet Ed Hicks Imports, Ltd. Corpus Christi Independent School District Urban Engineering 3000 South Padre Island Drive Description/Location: A 2.243 ACRE TRACT OF LAND OUT OF LEXINGTON BLOCK G, LOT 3, BLOCK H, LOTS 3 AND 4, BLOCK I, LOTS 3 AND 4, AND J, LOTS 3 AND 4, generally located southeast of Ayers Street, approximately northwest of Kostoryz Road, south of McArdle Road. Zoning Request From: "R -1B" (One - Family Dwelling) District To: `B -4" (General Business) District Area: 2.243 acres Purpose of Request: The Applicant is requesting a change in zoning from the "R -1B" One - Family Dwelling District to the "B -4" General Business District, for additional parking to the Ed Hicks Nissan car dealership. This addition will provide 211 parking spaces as well as a detention pond along the northern boundary. Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District Public /Semi - Public Public /Semi - Public North "R -1B" One - Family Dwelling District Public /Semi- Public Public /Semi- Public East `B-4" General Business District Commercial Commercial Commercial South "B-4" General Business District Commercial West "R -1B" One - Family Dwelling District Commercial Commercial Area Develonment Plan. This tract of land is lnratprl in the Qn,itilpact tirpa g o X re Development Plan and is planned for public /semi - public uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for public /semi- public uses. However, a modification to the plan for a commercial use could be supported since the adjacent property is green space for a public use. Map No.: 047038 Zoning Violations: None STAFF SUMMARY Request: The Applicant is requesting a change in zoning from the "R -1B" One - Family Dwelling District to the `B -4" General Business District, for additional parking to the Ed Hicks Nissan car dealership. This addition will provide 211 parking spaces as well as a retention pond along the northern boundary. Background: The subject property currently owned by the Corpus Christi Independent School District (South Park Middle School) and has authorized Ed Hicks Imports, Ltd. to proceed with the process of rezoning the subject property. —128— City Council Zoning Report Applicant: Ed Hicks Imports, Ltd. Page 2 Case #: 0110 -02 Existing Land Uses: Currently a portion of South Park Middle School property. Existing Zoning: The subject property is zoned as an "R -1B" One Family Dwelling District. The "R-1B" District allows for single- family residential, churches, parish halls, public and non- profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right - of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The applicant is requesting a change in zoning to the `B -4" General Business District. The purpose of the `B -4" General Business District is to provide for commercial development such as retail, as well as, automotive sales and service uses. Transportation and Circulation: The subject property will have access to South Padre Island Drive. The F 1 Freeway/Expressway provides adequate access for traffic. Traffic Count: Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2009 South Padre Island Drive Infrastructure Demand: ••• Water: + Wastewater: ❖ Stormwater: ❖ Gas: Public Safety: ❖ Police: F1 Freeway/Expressway 400'/4 -10 Lanes. 400'/4 -10 Lanes. 4,198 A 6 -inch water line runs to existing business. The City of Corpus Christi has a 10 inch wastewater line that runs underneath South Padre Island Drive frontage road. A stormwater line is located underneath South Padre Island Drive frontage road. A 2 -inch gas lines runs underneath South Padre Island Drive frontage road. The subject properties are served by the Corpus Christi Police Department and are in the Directed Patrol District C10. Crime statistics indicate an increase from 3,194 crimes committed in 1993, to 1,137 crimes committed in 2005. The last year for which statistics are available is 2005. —129— City Council Zoning Report Applicant: Ed Hicks Imports, Ltd. Page 3 Case #: 0110 -02 ❖ Fire: The closest Fire Station is Sta. # 8, located at 4645 Kostoryz Road. Environmental Constraints: ❖ FEMA Flood Zone: FEMA flood map information for this property was not available. ❖ Soils: (VcA)— Victoria Clay • Drainage class: Well Drained • Depth to water table: More than 80 inches • Frequency of flooding: None • Frequency of ponding: None ❖ Available water capacity: Moderate (about 6.9 inches) COMPREHENSIVE PLAN CONSISTENCY f. COMMERCIAL ACTIVITIES WHICH GENERATE LARGE VOLUMES OF TRAFFIC SHOULD HAVE DIRECT ACCESS TO AN ARTERIAL WITHOUT HAVING TO TRAVERSE LOW- DENSITY AREAS. Stores or businesses that provide supportive services and are characterized by activities of low intensity or that are otherwise beneficial to residential areas should be allowed to locate closer to neighborhoods. Businesses that generate high - traffic flows and are characterized by intense activity should be located at arterial intersections away from low- density housing and separated by a buffer. Staff Comment: The zoning to the north is "R -1B" and is occupied by South Park Middle School. Expansion of the car dealership would provide accommodation to the existing business without needing to seek vehicular access from McArdle Road AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Southeast" ADP The Southside Area Development Plan designates the subject property area as planned for Public /Semi - Public uses, and the proposed rezoning conflicts with policies for that Plan; therefore, the proposed rezoning is not consistent with the Southeast Area Development Plan. However, a modification to the Plan for a commercial use could be supported since the adjacent property is green space for a public use. RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 8): The project was rated against Smart Growth Principles and received 1 stars out of a possible 5 stars, with a total of 18 points. PLAT STATUS: The subject property is platted. STAFF RECOMMENDATION: Staff recommends approval of the Applicant's request for a change in zoning from the "R -1B" One - Family Dwelling District to the `B -4" General Business District. –130– City Council Zoning Report Applicant: Ed Hicks Imports, Ltd. Page 4 Case #: 0110 -02 PLANNING COMMISSION AND STAFF RECOMMENDATION: Planning Commission and Staff recommend approval of the Applicant's request for a change in zoning from the "R-1B" (One - Family Dwelling) District to the `B -4" (General Business) District for an additional parking lot to an existing car dealership. Additionally, during the platting process, a retention pond will be designated on the subject property by the owner. ca aa 8 at 0 a Number of Notices Mailed Total 10 within 200 foot notification area; 1 outside notification area Favor — 7 (6 from property owner, 1 from non - property owner); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% as of December 30, 2009 Attachments: 1. Site 2009 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 .q... x•sk •.. COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0110 -02 Name: Ed Hicks Imports, Ltd. 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: 11 Returned undeliverable: 0 Favor: 7 (6 from property owner, 1 from non- property owner) Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 0 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 \2010 PC\20I0 Public Comments \0110-02 Ed Hicks Imports, Ltd..doc —143 a O 10 011p AV 01 Wo yA WW pN ,Opp 0 Y N A A N A A A A N N RI �a5 2525S NN1+ 88 88�dS8S§§ 8 00080800 0 0 9g,$ n N ti m m m m n F z 'b n C 2 0 O O O n D q ; p 2 E O N 2 2 x x 2 2 2 2,; ('1 nn7cnnnnoxl 7 4 1 1/1 .0 62.A N 3n` N N N N n C" O fn P v� �� m�3333333gi p p C A n Z < < < < < << '402 - ; 0 0 0 0 0 0 0 << A v A W v 9 m m q x x x P x P x C z g m m m m m m m x uospnH •d Atunyy 8:1 �+ N � N V f d x3 aa EE 0 S an x X H9IH tlf XBdd H1fO5 0 LEXINGTON PL N180' OF LTS 3 & 4 & ALL LTS 5 TO 8 BKS F THRU 1 EXEMPT BO Ma N5tC 000 0 P 01 01 01 2$ �9 (� 9 N VI N .7,;(1:01m D m Yn f,f11 a- 0101- 010101�IINn — n m m m O 01 01 0, ~ P =▪ '5 55 551 z zz zzGl 2 0 00 0 o 2 no 0 0 0 0 P 0101 P P 3AO11915383 8EL5 s 00 0 00 00 8888 y P P P P P P P P N N N N N N N N 122222222 w ........ ti 222E22222 2," aGGGGG GGoG'- ' x x x X x x x F z z z z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 - z z z z z z z z z z z r. r r 9 r r r r r r yy H Y y N O N N N N N ji 0 A O R° 11.,...',,, "' 2 1 o 41 0, m F N O 15i1 x m N ; 0.O La' 1n N A ~ O A °c O IM h O O D W N Qp N F • =1 O co 0. N Q° m R. C z -1 IA x m 0 01 X x O 1 . N W 1 = 1 W J 2 2 1n N P m y° C v Ix G x °o 0 3 m O x • y 3 ,r-, IL a A 0) m A I+ S. N m Y ppE �pO Wy � Np 22(42,1'; { p y1 :114:18,1828,-.12 N V Opp N V A 0) 000 O p A N O N N ow-4m. N 8 100 m N N O O N 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 m N N N N N 0 N N N N N N BART GROWTH COMPARISON: ATTACHMENT #8 dices listed below are taken from "Getting to Smart Growth I1: 100 More Policies for Implementation ", provided by the Smart Growth Network. ese policies are intended to offer an alternative approach to development and should not be viewed as development mandates. Although couraged based on their ability to improve the city's function and livability, these policies are in no way meant to serve as additional ,velopment requirements or regulations. Smart Growth policies for Corpus Christi merely offer viable development options capable of effectively pporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for - reasin o ulations and growth and achieving healthy communities that provide families with a clean environment. - 9PP oning Case•_# rom: R -1B To B-4 Answer Pts. Weight Score Jill the request promote development that fosters the following? Mix land uses. 0 roject provides a new type of development to an existing neighborhood such as 3 uses added 3 nployment, housing, retail, civic, educational, cultural, recreation, 2 uses added 2 x 3 Dighborhood- serving retail/service? 1 use added 1 0 euses closed, decommissioned, or obsolete institutional uses? Yes 1 x 2 No 0 0 roject is mixed use (any combination of housing, retail, office, commercial, ublic buildings, etc.) 4 + uses 3 + uses 3 2 x2 0 2 + uses 1 . Takes advantage of compact building design. 0 Itilizes reduced setbacks and/or compact development that supports more es Yes 1 tores and restaurants within a neighborhood boundary, or creates opportunities No 0 x 3 ) pursue a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower- density Yes 1 2 eighborhoods? No 0 x 0 ,. Creates a range of housing opportunities and choices. 0 mplements a range of housing options with a variety of types and unit sizes Yes 1 x 3 vithin the community? (condos, townhomes, single - family, apartments) No 0 0 Itilizes private and public property tax exemption programs or local, state, or ederal funding incentives for mixed - income developments and/or low- income Yes 1 x 3 iomeowners and individuals to reduce building costs and uses available No 0 esources more effectively? 0 ['he project promotes development (residential, commercial, office) with a wide Yes 1 3 ange in pricing available for varying income levels for sale or lease? No 0 x 0 L Creates walkable neighborhoods. 0 komotes development close to schools, corner stores, dry cleaners, restaurants, ind other services that promotes walkable communities and reduces long- iistance commutes? Yes 1 0 x 3 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 3 ievelopment or connects to existing sidewalks? No 0 x 0 ?romotes development so children are close enough to walk to school? Yes No 1 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides focus on a historical, cultural, or natural attributes? Yes No 1 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes No 1 0 x 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? 0 Promotes shopping and makes retail centers distinctive and attractive Yes 1 x 3 destinations and gathering places where residents frequent on the weekends? No 0 0 Revitalizes the waterfront, beach, or bay areas? Yes No 1 0 x3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x3 0 -146- . Preserves open space, farmland, natural beauty, and critical environmental areas. 0 reserves critical areas for water - quality protection including wetlands, riparian orridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 reas; utilizes land management techniques, to decrease the amount of pollution No 0 ntering the water system and preserve wildlife habitats? 0 )oes the project implement green building techniques or standards for reducing Yes 1 x 3 nvironmental impacts? No 0 0 supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 x 3 ninimum) to replace trees being removed? No 0 0 'rovides community green open space or includes useable green space for Yes 1 x 3 >utdoor recreation and preserves views of scenic, historic or cultural areas? No 0 0 )oes it avoid the acquisition and change in use of operating farms or prime Yes 1 X 2 armland? No 0 0 7. Strengthens and directs development toward existing communities. 0 s 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 '/z mile 1 '/s + 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 0 x3 0 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 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 x 2 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 0 Is the project in an area with declining school enrolment that threatens its Yes 1 neighborhood schools with closure or support residential use in areas with No 0 x 2 0 historically declining school enrollment? 8. Provides a variety of transportation choices. 0 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 0 The project within walking distance to public transit? (Within 1,000 ft) Yes No 1 0 x 3 0 9. Makes development decisions predictable, fair and cost effective. 0 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x 2 Plan? No 0 0 The project is consistent with the Area Development Plan? Yes No 1 0 x 2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without 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 provide onsite retention? No 0 3 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high unemployment or chronic poverty? No 0 x 3 0 Point Grading System: 5 Smart Growth Rating Total Points 18 0 -20 pts = * 21 -39 pts. ** 40 -59 pts = # * * 6U -79 pts = R R R R au -iuu pis = A A —147— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, January 6, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk John C. Tainez Johnny R. Martinez Evon J. Kelly John Taylor Mark Adame Govind Nadkarni STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, City Planner Lisa Wargo, Senior 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. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning b. Case No. 0110 -02. Ed Hicks Imports, Ltd. — A change of zoning from the "R-1B" One - family Dwelling District to the `B -4" General Business District resulting in a change of land use from Vacant Land to Parking Lot use. A 2.243 Acre Tract of Land out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally located southeast of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road. Sr. Planner Lisa Wargo presented a PowerPoint presentation and stated that the request made by the applicant is to rezone the subject property from the "R -1B" One - Family Dwelling District to the `B -4" General Business District. The purpose of the request is to construct 211 additional parking spaces and a stormwater retention pond onsite. The "R -1B" One - Family Dwelling District provides for dwelling and public uses and is limited in any additional uses. The `B -4" General Business District allows for parking lot uses to serve the existing `B -4" approved use. —148— Planning Commission Minutes January 6, 2010 Page 2 Department Comments: The proposed rezoning is not consistent with the Southeast Area Development Plan or the Future Land Use Map which designates the subject property as being planned for Public /Semi - Public uses. However, with exception to the school to the north, the remaining properties to the east and south are planned for commercial uses according to the Future Land Use Map, and CCISD is in agreement with the proposed use and is willing to sell this portion of their site for the Applicant's proposed use. Staff Recommendation: Approval of the Applicant's request for a change in zoning from the "R -1B" One - Family Dwelling District to the "B -4" General Business District. Ten (10) notices were mailed to property owners within the 200 foot area. One (1) notice was mailed outside the 200 foot area. Seven (7) notices were received in favor from the property owner and zero (0) were returned in opposition. Commissioner Skrobarczyk questioned the safety of using the retention pond at the rear of the property, adjacent to the school. Mrs. Goode Macon and Deborah Brown, Legal Counsel, confirmed that the school is in agreement of using the retention pond. The public hearing was opened for public commenting. In favor: 1. Murph Hudson, Urban Engineering. 2725 Swantner, Corpus Christi, Texas. Mr. Hudson stated that he represents the school district and Ed Hicks Imports, Lts. He said that the school district approached the current property owner to sell this parcel to resolve a drainage issue. Once the rezoning is accomplished, the school district will proceed with the parking area and retention pond, which will be fenced off from the school district property. The area will be a dry pond to hold water temporarily until it drains off. Mr. Hudson also stated the parking area will be for overflow parking of vehicles for sale. No one came forward in opposition, and the public hearing was closed. Motion to approve staff recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously. —149— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ED HICKS IMPORTS, LTD, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.243 ACRES OUT OF LEXINGTON PLACE, BLOCK G, LOT 3, BLOCK H, LOTS 3 AND 4, BLOCK I, LOTS 3 AND 4, AND BLOCK J, LOTS 3 AND 4, FROM "R -4B" ONE - FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 Ed Hicks Imports, Ltd., 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, January 6, 2010, during a meeting of the Planning Commission, and on Tuesday, February 9, 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 2.243 acres out of Lexington Place, Biock G, Lot 3, Biock H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally located southeast of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road, from "R -1 B" One - Family Dwelling District to "B-4" General Business District. (Zoning Map 047038) (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. 0110 -02 Ed Hicks Imports Requestor -PC -& Staff zoning.doo -1 5 0— Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: 4,17, 2010 /.7 vex /11‘- j eborah Walther Brown Assistant City Attorney For City Attorney 0110 -02 Ed Hicks Imports Requestor -PC -& Staff zoning.doc- 1 51 — 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 0110 -02 Ed Hicks Imports Requestor -PC -& Staff zoning.doe- 152— ttXINtjI U y S2LITNPAw` SUBJECT PROPERTY EX/ WGTONVdLLAGE UNIT 1 BQflLEVARDII� :uta Fr 041 CM' 0 . /r t goA - a;t l :ir: �.% ::S+ -::as CASE # 0110 -02 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: R -IB To: B4 ORDINANCE: -153- ILOCAT16N WWI .. 11 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: February 9, 2010) Case No. 0110 -03 Yorktown Oso Joint Ventures.: A change of zoning from the "R-1B" One - family Dwelling District to the "R -1 C" One - family Dwelling District resulting in a change of land use from Vacant and Residential to Residential use on property described as a 3.019 acre tract of land being all of. Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of Rodd Field Road, west of Peterson Drive, and approximately 850 feet southwest of Yorktown Boulevard. PLANNING COMMISSION AND STAFF RECOMMENDATION (January 6. 2010): Approval of the Applicant's request for a change in zoning from the "R -1 B" (One - Family Dwelling) District to the "R -1 C" (One - Family Dwelling) District. Summary: Request: The applicant is requesting a change of zoning on 3.019 acres from the "R -1 B" (One - Family Dwelling) District to the "R-1C" (One - Family Dwelling) District, to extend the neighboring "R-1C" district to provide contiguity for surrounding Tots and allow for single - family home construction under the "R -1 C" (One - Family Dwelling) District standards. (Minimum lot area requirement reduced from 6,000 square feet to 4,500 square feet) Background: In January and June of 2006, the surrounding properties were rezoned from the "F -R" (Farm - Rural) and "R -1B" (One Family Dwelling) Districts to the "R -1C" (One - Family Dwelling) District in order to accommodate a mixed single- family residential development. Existing Land Uses: Some of the subject properties have single - family homes present, others are vacant. Existing Zoning: The subject property is zoned as an "R -1 B" One Family Dwelling District. The "R -1 B" District allows for single - family residential, churches, parish halls, public and non -profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1 B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. -157- Agenda Memo Case No0110 -03 (Yorktown Oso Joint Ventures) Page 2 Proposed Zoning: The applicant is requesting a change in zoning to the "R -1 C" One - Family Dwelling District. The purpose ofthe "R-1C" One- Family Dwelling District is to provide for single - family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Residential density is a maximum of 9.68 units per acre. The "R -1C" One - Family District requires a minimum lot area of 4,500 square feet, with a 20 -foot front yard setback and 5-foot side and rear yard setbacks. Transportation and Circulation: The subject properties will have access to Fred's Folly Drive, a proposed C1, 2 -lane, Minor Residential Collector right -of -way, with 60 foot width. The C1 Minor Residential Collector road provides for internal neighborhood circulation as well as property access. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. Infrastructure Demand: ❖ Water: • Wastewater: • Stormwater: • Gas: Public Safety: • Police: A 6 -inch to 8 -inch water line runs parallel with Fred's Folly Drive. The City of Corpus Christi has an 8 inch wastewater line that runs parallel with Fred Folly's Drive. A stormwater line is located from Yorktown Boulevard south to Vaquero Drive, approximately 150 feet north of the subject properties. Gas lines are present along Fred's Folly. Drive. The subject properties are served by the Corpus Christi Police Department and are in the Directed Patrol District B10. Crime statistics indicate an increase from 547 crimes committed in 1993, to 602 crimes committed in 2005; the last year for which statistics are available is 2005. • Fire: The closest Fire Station is Sta. # 17, located at 6641 Yorktown Boulevard, located approximately 5,584 feet from the subject properties. Environmental Constraints: FEMA Flood Zone: FEMA flood map information for this property was not available. Soils: (Of)— Orelia fine sandy loam. ❖ Drainage class: Somewhat poorly drained ¢• Depth to water table: About 6 to 12 inches ❖ Frequency of flooding: None ❖ Frequency of ponding: None ❖ Available water capacity: Moderate (about 8.1 inches) -158- Agenda Memo Case No0110 -03 (Yorktown Oso Joint Ventures) Page 3 Notification: Thirty -one (31) notices mailed inside the 200 ft. radius and one (1) notice mailed outside 200 ft. radius notices mailed to the surrounding property owners. Zero notices were 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. `tea Juan Perales, J'., P.E. Asst. City Manager, Engineering and Development Services Email: iohnnypa>cctexas.com, Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —159— CITY COUNCIL ZONING REPORT Case No.: 0110 -03 Planning Commission Hearing Date: January 6, 2010 City Council Hearing Date: February 9, 2010 Applicant & Legal Description Applicant: Owner: Representative: Address: Legal RANCHO LOTS FRED'S FARM Roddfield Yorktown Yorktown Oso Joint Ventures Yorktown Oso Joint Venture, Owner's Association of Rancho Vista, Inc., Jesus S. Casas, Richard Saenz, George O'rex White, Jr. Urban Engineering Fred's Folly Drive, south of Vaquero Drive Description/Location: A 3.019 ACRE TRACT OF LAND BEING ALL OF VISTA SUBDIVISION UNIT 4, BLOCK 3, LOTS 16 AND 17, BLOCK 2, 15, 16, 17, 18, 19, 20, AND A PORTION OF LOT 21, AND A PORTION OF FOLLY DRIVE, AND A PORTION OF FLOUR BLUFF AND ENCINAL AND GARDEN TRACT SECTION 25, LOT 20, generally located east of Road, west of Peterson Drive, and approximately 850 feet southwest of Boulevard. Zoning Request From: "R -1B" (One - Family Dwelling) District To: "R -1C" (One- Family Dwelling) District Area: 3.019 acres Purpose of Request: The Applicant is requesting a change in zoning from the "R -1B" (One - Family Dwelling) District to the "R -1C" (One - Family Dwelling) District, to extend the neighboring "R -1C" District to provide contiguity for surrounding lots and allow for single - family home construction under the "R-1C" (One - Family Dwelling) District standards. (Minimum lot area requirement reduced from 6,000 square feet to 4,500 square feet) Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District Vacant, Low - density Residential Low - density Residential North "R- 1C" One - Family Dwelling District Low - density Residential Low - density Residential East "F -R" Farm -Rural District Vacant Low - density Residential South "R -1C" One - Family Dwelling District Vacant, Low - density Residential Low - density Residential West "R- 1 C" One - Family Dwelling District , "R -1 B" One - Family Dwelling District Vacant Low - density Residential Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for low - density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Plan which designates the area for low- density residential uses. Map No.: 042029 Zoning Violations: None —160— City Council Zoning Report Applicant: Yorktown Oso Joint Ventures Page 2 Case #: 0110 -03 STAFF SUMMARY Request: The applicant is requesting a change of zoning on 3.019 acres from tie "R -1B" (One- Family Dwelling) District to the "R -1C" (One - Family Dwelling) District, to extend the neighboring "R -1C" district to provide contiguity for surrounding lots and allow for single - family home construction under . the "R-1C" (One - Family Dwelling) District standards. (Minimum lot area requirement reduced from 6,000 square feet to 4,500 square feet) Background: In January and June of 2006, the surrounding properties were rezoned from the "F -R" (Farm - Rural) and "R -1B" (One - Family Dwelling) Districts to the "R -1C" (One - Family Dwelling) District in order to accommodate a mixed single- family residential development. Existing Land Uses: Some of the subject properties have single - family homes present, others are vacant. Existing Zoning: The subject property is zoned as an "R -1B" One Family Dwelling District. The "R -1B" District allows for single - family residential, churches, parish halls, public and non- profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right - of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The applicant is requesting a change in zoning to the "R-1C" One - Family Dwelling District. The purpose of the "R -1C" One - Family Dwelling District is to provide for single - family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Residential density is a maximum of 9.68 units per acre. The "R -1C" One - Family District requires a minimum lot area of 4,500 square feet, with a 20 -foot front yard setback and 5 -foot side and rear yard setbacks. Transportation and Circulation: The subject properties will have access to Fred's Folly Drive, a proposed C 1, 2 -lane, Minor Residential Collector right -of -way, with 60 foot width. The C 1 Minor Residential Collector road provides for internal neighborhood circulation as well as property access. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. City Council Zoning Report Page 3 Traffic Count: Applicant: Yorktown Oso Joint Ventures Case #: 0110 -03 a 1. 4- C Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2005 Fred's Folly Drive Cl Minor Residential Collector 60' / 35'. 60 ft., 35 ft. paved NA Infrastructure Demand: ❖ Water: + Wastewater: + Stormwater: ❖ Gas: Public Safety: ❖ Police: ••• Fire: A 6 -inch to 8 -inch water line runs parallel with Fred's Folly Drive. The City of Corpus Christi has an 8 inch wastewater line that runs parallel with Fred Folly's Drive. A stormwater line is located from Yorktown Boulevard south to Vaquero Drive, approximately 150 feet north of the subject properties. Gas lines are present along Fred's Folly Drive. The subject properties are served by the Corpus Christi Police Department and are in the Directed Patrol District B10. Crime statistics indicate an increase from 547 crimes committed in 1993, to 602 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 17, located at 6641 Yorktown Boulevard, located approximately 5,584 feet from the subject properties. Environmental Constraints: ❖ FEMA Flood Zone: FEMA flood map information for this property was not available. ❖ Soils: (00 Orelia fine sandy loam. ❖ Drainage class: Somewhat poorly drained ❖ Depth to water table: About 6 to 12 inches ❖ Frequency of flooding: None ❖ Frequency of ponding: None ❖ Available water capacity: Moderate (about 8.1 inches) COMPREHENSIVE PLAN CONSISTENCY b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. —162— City Council Zoning Report Applicant: Yorktown Oso Joint Ventures Page 4 Case #: 0110 -03 All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today I s market. Ranges of densities improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. Staff Comment: The surrounding zoning and developed residential properties are developed under the existing "R-1C" (One - Family Dwelling) District standards, including the ZO foot front yard setbacks; rezoning the remaining properties to the "R- 1C" (One - Family Dwelling) District standards would provide contiguity in the lot design and setbacks within the existing neighborhood AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Southside" ADP The Southside Area Development Plan designates the subject property area as planned for Low - density Residential uses, and the proposed rezoning does not conflict with any of the remaining policies for that Plan; therefore, the proposed rezoning is consistent with the Southside Area Development Plan. Ludo 7 tar* ca.u::m, m5nautr /0000,0, 0110 0, met MY1aP. -a..+. 0000 *tank *mom weft wn:ve ee Mw n 006001Vr �sa ID ha- 000005 ao 40. .0 "00004 ", rv: s w mHNaww•. K lf0 r II.A" m 21000t0 � 0CU MU' WV WV SOUT EA UEYELAPME#1T PLAN PROPOSED LAND USE RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 8): The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 41 points. PLAT STATUS: The subject properties are platted. —163— City Council Zoning Report Applicant: Yorktown Oso Joint Ventures Case #: 0110 -03 Page 5 STAFF RECOMMENDATION: Staff recommends approval of the Applicant's request for a change in zoning from the "R -1B" (One - Family Dwelling) District to the "R -1C" (One - Family Dwelling) District. PLANNING COMMISSION RECOMMENDATION: Pending. Number of Notices Mailed Total 31 within 200 foot notification area; 1 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For % as of December 30, 2009 Attachments: 1. Site 2009 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 At! iJ.:I.;:.■.L.1:.V.,]:.:..7,.]..-.',' 17.2. • kt!.43',C. •it.: COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0110 -03 Name: Yorktown Oso Joint Ventures 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: 31 0 Favor: 10 (9 by property owner) Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 1 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. 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M 3 uses added 3 3 mployment, housing, retail, civic, educational, cultural, recreation, 2 2 uses added 2 2 x x 3 3 teuses closed, decommissioned, or obsolete institutional uses? Y Yes 1 1 x x 2 0 koject is mixed use (any combination of housing, retail, office, commercial, 4 4 + uses 3 3 0 0 )ublic buildings, etc.) 3 3 + uses 2 2 x x2 2 + uses 1 1 L Takes advantage of compact building design. 2 2 Jtilizes reduced setbacks and/or compact development that supports more Y Yes 1 1 ;tores and restaurants within a neighborhood boundary, or creates opportunities N No 0 0 x x 3 0 :o pursue a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower - density Y Yes 1 1 x x 2 leighborhoods? N No 0 0 2 2 3. Creates a range of housing opportunities and choices. 0 0 [mplements a range of housing options with a variety of types and unit sizes Y Yes 1 1 x x 3 0 within the community? (condos, townhomes, single - family, apartments) N No 0 0 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low - income Y Yes 1 1 x x 3 homeowners and individuals to reduce building costs and uses available N No 0 0 0 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Y Yes 1 1 x x 3 0 0 range in pricing available for varying income levels for sale or lease? N No 0 0 4. Creates walkable neighborhoods. 3 3 Promotes development close to schools, corner stores, dry cleaners, restaurants, Yes 0 x x 3 0 distance commutes? 0 Will incorporate sidewalks or a bike or pedestrian path into the final Y Yes 1 1 x x 3 3 development or connects to existing sidewalks? N No 0 0 3 Promotes development so children are close enough to walk to school? Y Yes 1 1 x x 2 0 5. Fosters distinctive, attractive communities with a strong sense of 2 place. The building is an existing building that is historic in any way, or provides Y Yes 1 1 x x 2 0 focus on a historical, cultural, or natural attributes? N No 0 0 0 Utilizes established standards for building size, density, and architectural Y Yes 1 1 standards and locates development in areas that reflect the "vision" of the Area N No 0 0 x x 2 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? 2 Promotes shopping and makes retail centers distinctive and attractive Y Yes 1 1 x x 3 0 destinations and gathering places where residents frequent on the weekends? N No 0 0 0 Revitalizes the waterfront, beach, or bay areas? Y Yes 1 1 x x 3 0 Does the project remove blight from its neighborhood? Y Yes 1 1 x x 3 0 —177— i. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 'reserves critical areas for water - quality protection including wetlands, riparian :orridors, floodplains, and retains or creates buffer zones surrounding these treas; utilizes land management techniques, to decrease the amount of pollution Yes No 1 0 x 4 ntering the water system and preserve wildlife habitats? 0 )oes the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 3 ninimum) to replace trees being removed? No 0 x 0 'rovides community green open space or includes useable green space for Yes 1 x 3 )utdoor recreation and preserves views of scenic, historic or cultural areas? No 0 0 )oes it avoid the acquisition and change in use of operating farms or prime Yes 1 -armland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 15 [s the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/4 mile 2 x 4 'A to 1/4 mile 1 '/s + miles 0 12 [s the availability of existing public services, such as police, fire, schools and Yes 1 3 lealth, 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 0 Will the project encourage commercial and retail investment in underserved Yes 1 3 -zommunities? No 0 x 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 ar areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 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 0 x 2 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x 3 0 9. Makes development decisions predictable, fair and cost effective. 10 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 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 3 provide onsite retention? No 0 x 3 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 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 41 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * —178— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, January 6, 2010 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 I. CALL TO ORDER STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Miguel S. Saldafia, AICP, Senior City Planner Robert Payne, AICP, City Planner Lisa Wargo, Senior City Planner Deborah Brown, Legal Counsel Debbie Goldston, Recording Secretary A quorum was declared and the meeting was called to order at 5:30 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning c. Case No. 0110 -03. Yorktown Oso Joint Ventures. — A change of zoning from the "R -1B" One - family Dwelling District to the "R -1C" One - family Dwelling District resulting in a change of land use from Vacant and Residential to Residential use. A 3.019 acre tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a Portion of Lot 21, and a Portion of Fred's Folly Drive, and a Portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of Rodd Field Road, West of Peterson Drive, and approximately 850 Feet southwest of Yorktown Boulevard. Sr. Planner Lisa Wargo presented a PowerPoint presentation and stated that the applicant has requested rezoning of the subject property from the "R -1B" One- Family Dwelling District to the "R -1C" One - Family Dwelling District. The request has been made in order to provide contiguity for surrounding lots and allow for single - family home construction under the "R -1C" One - Family Dwelling District standards. The "R -1B" One - Family Dwelling District requires a minimum 6,000 square feet per lot and a minimum 50 feet in width, 25 foot front yard setback, 5 foot side and rear yard setbacks and a maximum height of 35 feet / three stories. —179— Planning Commission Minutes January 6, 2010 Page 2 The "R -1C" One - Family Dwelling District requires a minimum 4,500 square feet per lot and a minimum 45 feet in width, 20 foot front yard setback, 5 foot side and rear yard setbacks and a maximum height of 26 feet / two stories. The surrounding zoning and developed residential properties are developed under the existing "R-1C" One- Family Dwelling District standards, including the 20 foot front yard setbacks. Rezoning the remaining properties to the "R -1C" One- Family Dwelling District standards would provide contiguity in the lot design and setbacks within the existing neighborhood. Staff Recommendation: Approval of the Applicant's request for a change in zoning from the "R -1B" One - Family Dwelling District to the "R -1C" One - Family Dwelling District. Thirty-one (31) notices were mailed to property owners inside of the 200 foot area and one (1) notice was mailed outside the 200 foot area. Zero notices were returned in favor or in opposition. The public hearing was opened for public commenting. In favor: 1. Chip Urban, Urban Engineering, 2725 Swantner, Corpus Christi, Texas. Mr. Urban stated that the subject properties were originally part of a larger area that was accidently omitted from the previous rezoning to the "R-1C" Zoning District. 2. Fred Braselton, 5337 Yorktown, Corpus Christi, Texas. Mr. Braselton stated that he is co- manager of the venture and is available to answer any additional questions regarding the project. No one came forward in opposition, and the public hearing was closed. Motion to approve staff recommendation was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously. -180— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY YORKTOWN OSO JOINT VENTURES, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.019 ACRES TRACT OF LAND BEING ALL OF RANCHO VISTA SUBDIVISION UNIT 4, BLOCK 3, LOTS 16 AND. 17, BLOCK 2, LOTS 15, 16, 17, 18, 19, 20, AND A PORTION OF LOT 21, AND A PORTION OF FRED'S FOLLY DRIVE, AND A PORTION OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT SECTION 25, LOT 20, FROM "R-1B" ONE- FAMILY DWELLING DISTRICT TO "R -1C" ONE - FAMILY DWELLING 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 conceming the application of Yorktown Oso Joint Ventures, 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, January 6, 2010, during a meeting of the Planning Commission, and on Tuesday, February 9, 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 3.019 acres tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16, and 17, Block 2 Lots 15, 16, 17, 18, 19, 20 and a portion of Lot 21, and a portion of Fred's Folly Drive and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of Rodd Field Road, west of Peterson Drive, and approximately 850 feet southwest of Yorktown Boulevard , from "R -1 B" One - Family Dwelling District to "R-1C" One - Family Dwelling District. (Zoning Map 042029) (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. 0110-03 Yorktown Oso Joint Ven Requestor -PC-& Staff- zoning, 81— Page 2 of 3 SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 .10741-hrekal--k eborah Walther Bro Assistant City Attorney For City Attorney 0110 -03 Yorktown Oso Joint Ven Requestor -PC -& Staff- zoQi(. _ 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 0110 -03 Yorktown Oso Joint Ven Requestor -PC -& Staff- zontrrglc88— 11 VIS A UNt 3 tar ay opE it:Mon:Ns CASE # 0110-03 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: R -1 B To: R -1 C ORDINANCE: -184- 12 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an amendment to the service agreement with Dolphin Sales and Service, Inc., doing businesses Dolphin Recycling, to revise the amendment to recognize a conditional 15 year term, set a minimum monthly volume of recycling, establish fees and rebates, and modify other contractual provisions. ISSUE: The Solid Waste Operations Department seeks to amend the existing recycling agreement with Dolphin Recycling in anticipation of significant changes planned for recycling and refuse collection. The contract amendment is necessary for the City to implement single- stream automated recycling collection and significantly increase recycling volumes. The change to the recycling program will be implemented in FY 2010 -11, to coincide with a transition from twice weekly to once weekly garbage collection. The City Council's approval of the contract amendment is essential prior to Dolphin Recycling's investment in expanding recycling processing capacity. REQUIRED COUNCIL ACTION: Approval of motion as submitted. PREVIOUS COUNCIL ACTION: In December, 2005, City Council approved a five -year contract with Dolphin Recycling, with the five -year renewal options. CONCLUSION AND RECOMMENDATION: Approval of motion as submitted. ence Mikolaj Director of Solid Waste Operations 361- 826 -1972 LawM@cctexas.com BACKGROUND INFORMATION In December, 2005, the City Council approved a five -year contract with Dolphin Recycling, with three five -year renewal options. The contract provides for Dolphin Recycling to accept recycling commodities collected through the City's curbside (curb -sort) recycling program and operate recycling drop -off centers. The agreement provides for rebates to be paid to the City based on a percentage of the sales price of the recycled commodities. Under the existing agreement, the City may exercise its first contract renewal option in December, 2010. The FY 2009 -10 adopted budget included significant changes to the Solid Waste Operations Department collection programs to increase efficiency, reduce expenses, and offer enhanced recycling services. Originally scheduled for May, 2010, was a transition from twice weekly to once weekly garbage collection. At the same time, an enhanced single - stream recycling curbside collection program was to be introduced. The interdependency of the new recycling and garbage collection programs makes it necessary to implement the programs at the same time. Due to FY 2009 -10 budgetary issues, the transition from twice weekly to once weekly garbage collection, and single -stream curbside recycling, has been delayed until FY 2010 -11. In FY 2010- 11, Solid Waste residential customers will be provided with recycling containers that are 5.3 times larger than the existing recycling bins. Recycling will be collected bi- weekly with automated collection vehicles, reducing labor, equipment, and fuel requirements. With advertising, education and the introduction of incentive programs to promote recycling, it's believed that recycling volumes will significantly increase. A key component of the enhanced recycling program is assurance to the City that the recycled items are processed, sold and recycled as intended. Dolphin Recycling needs assurance from the City that there will be a minimum sustained volume of recycling in order to justify capital investments needed to expand recycling processing capacity. CONTRACT SUMMARY: Staff's recommendation is to amend the contract to include the following provisions: • a conditional contract period of fifteen years • a guarantee of 1,000 tons per month of salable recyclables • the establishment of variable tipping fees paid to the contractor • the terms for which rebates are paid to the City • the requirement for a performance bond by the contractor —188— FIRST AMENDMENT TO THE RECYCLING SERVICE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DOLPHIN RECYCLING This first amendment ( "First Amendment") is made by and between the City of Corpus Christi ("City") and Dolphin Sales and Services, Inc., a Texas corporation doing busi- ness as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas limited partnership ( "Contractor "). WHEREAS, the City and the Contractor executed an agreement ( "Agreement ") on De- cember 2, 2005, for the purpose of utilizing the Contractor for the collection, processing, and marketing of residential recyclable commodities ( "Services "); WHEREAS, the parties desire to amend the Agreement to modify the Services provided by Contractor to the City under the Agreement; WHEREAS, the Contractor agrees, at the City's request, to modify its operations, pur- chase and install new processing equipment, and hire additional personnel in order to convert to and implement a single- stream (commingled) residential recycling program for City residents; WHEREAS, the City agrees, at the Contractor's request, to allow Contractor to exercise two option renewals prematurely, revising and converting the term of the existing Agree- ment into a new 15 -year term, so long as the required investment and expansion of the business is timely achieved, in order to allow Contractor to acquire and amortize new equipment necessary to achieve the City's goal of a single- stream recycling process; and WHEREAS, pursuant to the mutual considerations given, the parties desire to execute this First Amendment to revise the term of the Agreement and modify contractual provi- sions related to the Services to be delivered by Contractor under the existing Agree- ment. Section 1. Section 1 of the Agreement, entitled "Services," is amended by deleting it in its entirety and replacing it with language to read as follows: "1. Services. "(a) Contractor shall perform the activities stated in the Collection, Processing , and Marketing Residential Recyclable Commodities document in accordance with the Request for Proposal Bid Invitation No. BI- 0140 -05 ( "RFP "), the re- sponsive proposal to the RFP submitted by the Contractor ( "Response "), all issued RFP amendments, the terms of this initial Agreement with Contractor, entitled "Exhibit A, Contractor, Dolphin Recycling, Service Agreement," all exhibits attached to and incorporated by reference in any of the foregoing documents, as well as the activities set out in any properly executed, written amendment to this Agreement. "(b) Prior to August 1, 2010, Contractor shall implement the services described under Scenario One on page 13 of the RFP (multiple stream) for the citizens of Corpus Christi. By August 1, 2010, Contractor shall make its best efforts to implement a city -wide single- stream (commingled) residential recycling program for the citizens of Corpus Christi, as stated in Scenario Two on page 13 of the RFP ( "Single- Stream Program "). Furthermore, the Single - Stream Program outlined in the RFP is modified as followed: (1) the Single- Stream Program is expanded to include the processing of mixed paper (e.g., junk mail, paper board, files, and kraft paper bags), empty steel aerosol /paint containers, metal cans (e.g., aluminum, tin, and steel), old corrugated cardboard, mixed office paper (e.g., from desktop), sorted white ledger paper, and plastic products labeled 1 thru 7; and (2) the Single- Stream Program is reduced, such that the Contractor will not be responsible for collecting commingled waste from the City's three drop -off sites. Until such time as the Single- Stream Program is operational, Contractor shall provide the services specified under Scenario One on page 13 of the RFP, as specified in the Contractor's Response, and as further stated in this Agreement between the parties." Section 2. Section 2 of the Agreement, entitled "Term," is amended by deleting it in its entirety and replacing it with language to read as follows: "2. Term. The original term of the Agreement is for 60 months and expires on December 2, 2010; however, if Contractor makes best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by August 1, 2010, the term of the Agreement is automatically extended an additional 15 years, expiring December 2, 2025, unless earlier terminated in accordance with the provisions set out in the Agreement. In the event the Con - tractor has not made its best efforts, as reasonably determined by the City, to implement and make operational the Single - Stream Program by August 1, 2010, the original term of this Agreement shall continue and Contractor may exercise three option renewals of five (5) years each, as stated under the original provisions. Both parties must agree in writing on the option to renew at the appropriate time, which time must be not later than six (6) months prior to the end of the then - current term of the Agreement." Section 3. Section 11 of the Agreement, entitled "Amendments," is amended by de- leting it in its entirety and replacing it with language to read as follows: "11. Amendments. This Agreement may be amended only by written instrument signed by duly authorized representatives of the parties to this Agreement. Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc -190- Page 2 of 9 Notwithstanding the foregoing, the City Manager is authorized to execute amendments on behalf of the City that may be necessary for the proper admini- stration of this Agreement so long as the amendments do not modify the purpose or term of this Agreement." Section 4. Section 15 of the Agreement, entitled "Trash Service," is amended by deleting it in its entirety and replacing it with language to read as follows: "15. Trash Service. Effective August 1, 2010, the City shall provide a roll -off container ( "Container") at Contractor's location for the accumulation of trash and debris,generated by Contractor's Single- Stream Program, and the City shall be responsible for providing services to pick up and empty the Container, as needed, at no cost to Contractor, and City shall be responsible for all related disposal costs associated with the Container. Contractor is responsible for dis- posal costs for any waste generated from sources other than the City. Prior to August 1, 2010, Contractor shall bear all responsibility and costs for trash services and disposal costs for all waste generated at Contractor's location." Section 5. A new section entitled `Trailers" and numbered as Section 19 of the Agree- ment is added to the Agreement to read as follows: "19. Trailers. Upon implementation of a Single- Stream Program, the City shall provide manpower to operate the drop -off sites stated in the Agreement (see section 3.5 of the RFP). Prior to implementation, Contractor shall continue to oversee and operate all drop -off sites." Section 6. A new section entitled "Pricing Conditions" and numbered as Section 20 of the Agreement is added to the Agreement to read as follows: "20. Pricing Conditions. "(a) If the Contractor has made its best efforts, as reasonably determined by the City, to implement and make operational a Single- Stream Program by August 1, 2010, City guarantees to deliver to Contractor monthly an amount of materials capable of being processed into a minimum of 1,000 tons of saleable recycled products ( "Minimum Tonnage ") during the term of this Agreement. "(b) If the Contractor has made its best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by August 1, 2010, the Contractor shall rebate to the City, on a monthly basis, a variable amount of between 25% and 35% of the average monthly commodity sale price of saleable, recycled materials obtained by Contractor over the Minimum Tonnage, as such average commodity price is published in the Official Board Market's "Yellow Sheet," which is an industry monthly commodity price standard. In the event that publication of the Official Board Market's "Yellow Sheet" should cease during the term of this Agreement, the rebate amount due Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc —191— Page 3 of 9 from Contractor to the City will be based on an industry-based commodity price standard to be mutually determined and agreed to by the parties. Plastic and metal commodity sale prices will be derived from the average actual mill prices paid to the Contractor during each month, in calculating the rebate. The Contractor must endeavor to process and sell all com- modities within 60 days of delivery from City. "(c) Subject to the Single - Stream Program implementation, Contractor shall provide the rebate due to the City by the last day of each calendar month fol- lowing the month of receipt of the tonnage of materials over the stated minimum tonnage. In the event the Single - Stream Program is not implemented, no rebate is due to the City from the Contractor; however, the sharing of proceeds between the City and Contractor at the levels previously established and indicated in the Agreement will continue in force and effect" Section 7. A new section entitled "Quality of Recycled Product Processed and Sold" and numbered as Section 21 of the Agreement is added to the Agreement to read as follows: "21. Quality of Recycled Product Processed and Sold. Contractor shall bear full responsibility for the processing of all recyclable materials (excluding glass products) received from City and producing it into a final, saleable product without recourse against, or request for reimbursement of any costs from, the City." Section 8. A new section entitled "Facility Capacity under Single- Stream Program" and numbered as Section 22 of the Agreement is added to the Agreement to read as follows: "22. Facility Capacity under Single- Stream Program. "(a) In the event a Single- Stream Program is implemented, Contractor shall ensure that all processing equipment and necessary accessories are installed and operational and can provide processing at a minimum amount of 10 tons per hour each weekday. Contractor bears full responsibility for ensuring that the Contractor's facility and personnel meet this minimum Single- Stream Program processing capability during the term of this Agreement. "(b) Contractor must, at all times, provide facilities with a tip floor area adequate to hold a minimum of 160 tons of unprocessed materials delivered from City trucks. in the event that the volume of unprocessed materials received from the City exceed the Contractor's tip floor area holding capacity, Contractor shall be solely responsible for providing the City with an alternate location at which to unload and store the unprocessed materials delivered by the City and to provide transport of the materials back to the Contractor's primary processing area as space allows." Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc -192- Page 4 of 9 Section 9. A new section entitled "Control of Wind Blown Waste and Cleanliness of Premises" and numbered as Section 23 of the Agreement is added to the Agreement to read as follows: "23. Control of Wind Blown Waste and Cleanliness of Premises. "(a) Contractor shall maintain the external premises of the Contractor's location at all times so as not to allow or permit the accumulation of litter and debris and shall exercise daily control over the site in order to contain and properly dispose of windblown waste and debris that may become scattered on the property, in order to remain in full compliance with all federal, State, and City laws, including Section 21 -53 of the City's Code of Ordinances. "(b) The Contractor must ensure that the processing facility's floor is kept clear of the buildup of materials, in order to allow the safe operation of City vehicles into the receiving area. Contractor shall maintain the processing facility in a neat and orderly manner at all times. "(c) Contractor shall take all reasonable precautions to prevent the littering of materials and to prevent odors at, from, and in close proximity to the processing facility. Contractor shall at all times operate the processing facility in a manner that does not create or cause a nuisance. Contractor must respond to all com- plaints regarding a nuisance arising out of, or related to, the Contractor's opera- tions within twenty -four (24) hours of receipt of such complaint." Section 10. A new section entitled "Performance and Payment Bonds" and numbered as Section 24 of the Agreement is added to the Agreement to read as follows: "24. Performance and Payments Bonds. "(a) In the event the Single- Stream Program is implemented, Contractor shall, before beginning work, post with the City a performance bond to be maintained in force for a period of one year during each year of the contract term referred to in Section 2 of the Agreement and for one -year periods during the term of any option renewal period, if applicable. The amount of the annual performance bond must be the amount of the value of the Contractor's yearly minimum annual guaranteed tonnage ($420,000). Should the dollar value of the yearly minimum annual guaranteed tonnage be adjusted during the term of this Agreement, the annual required bond amount will be similarly adjusted. Such bond shall secure the City against all costs, charges, and expenses related to the inability or failure, as may be applicable, of the Contractor to fully comply with the provisions of this Agreement, regardless of whether the City has incurred any costs, charges, or expenses. This financial guarantee must be in the form of a surety bond payable to the City. Dolphin Recycling Agmt 1st Amdmt Fina12 20100201.doc —193— Page 5 of 9 (b) It is understood that a renewal surety bond will be provided at least 30 days prior to the end of the contract term for the proper amount for the new contract term. Each annual bond will denote the contract term being guaranteed. Con- tinuance of the contract between the City and Contractor does not obligate the existing surety company to provide a renewal bond for the next annual contract period. Failure of the existing surety company to provide a renewal bond for the next annual period does not constitute a default by the Contractor under the Agreement, but the failure of the Contractor to obtain a substitute surety bond shall constitute a default against the Contractor; however, the City will not take any action against the previous surety company. "(c) The annual bond must be issued by a surety company acceptable to the City, which surety company is authorized to lawfully transact business in the State of Texas, and such bond must be in a form and content satisfactory to the City. The bond must guarantee the Contractor's full and faithful execution of the work and the performance required under the Agreement. The bond must be provided from a surety company that has a rating of "A" from AM BEST, MOODY'S, or STAN -DARD & POOR'S. The surety company issuing the bond shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. "(d) The City requires that the Power of Attorney submitted with any surety bond be signed with an original signature and properly dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn state- ment from an officer of the surety company to the effect that the agent who signs the bond form for the surety company is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety company in its home office, not be amended or abridged, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular surety agent. "(e) Should any surety company on the Agreement be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety bond satisfactory to the City. "(f) It is the responsibility of the Contractor to ensure that the performance bond does not expire and to ensure that a renewal bond is received by the City on or before the previous issued bond's expiration. Expiration of the bond without a sufficient replacement shall result in a $300.00 penalty per month to Contractor until a new bond is received and may, at the City's election, result in the termin- ation of the Agreement with the City. "(g) If Contractor terminates the Agreement (either voluntarily or involuntarily) before the completion of the then - current term, then City shall proceed without recourse to call (redeem) the bond to ensure that the City is made whole. Ad- ditionally, in the event the Contractor fails to cure any default in the performance Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc —194— Page 6 of 9 of the obligations stated in this Agreement following the cure period provided by City to Contractor under this Agreement, the City may call the bond. "(h) In order to call the bond, the sole documentation required to be provided by the City to the surety is a statement in writing from the Contract Administrator setting forth the applicable circumstances, as stated in Section 24(g) above in this Agreement, giving rise to the redemption demand. "(i) In the event the Single- Stream Program is implemented as contemplated in this Agreement, the Contractor shall also provide a sufficient annual payment bond in the amount of $390,000. Such bond must be issued by a surety com- pany meeting all of the requirements set out in this section for the issuance of a performance bond. The payment bond must be in an amount necessary to provide sufficient payment of all materials and labor bills incurred by the Contractor during a six -month period. In the event of the Contractor's default or termination of this Agreement and the call of the payment bond by the City, the City's call of the bond must be in accordance with the conditions stated in subsections (g) and (h) above." Section 11. A new section entitled "Tours," and numbered as Section 25 of the Agree- ment is added to the Agreement to read as follows: "25. Tours. Contractor shall provide educational and operational tours to any City organization or group, and to other City- sponsored individuals, organiza- tions, and groups upon the request of the City, on an appointment basis. The City may request tours outside of the scope of typical educational tours and such tours will be conduced by the contractor on behalf of the City." Section 12. A new section entitled "Load Rejection" and numbered as Section 26 of the Agreement is added to the Agreement to read as follows: "26. Load Rejection. Contractor shall immediately notify the Contract Admini- strator if a Toad received from one of the City's collection vehicles appears to have a non - recyclable contamination rate higher than fifteen (15) percent. Con- tamination occurs when a material, other than a recyclable material as stated in this Agreement, is included as part of a load of raw unprocessed waste. If the Contractor determines that a load is questionable, the Contractor shall move it to an area that does not interfere with the normal processing operation so that further inspection can be made by the City. Since the contamination rate of a load will be a subjective judgment, the Contractor must not refuse a load unless a supervisor from the City is present at the processing facility and is in agreement that the load is unacceptable. A supervisor of the City shall arrive within one hour of notice by the Contractor. Contractor shall document, in a detailed ex- planation of the Contractor's reason for rejection. Contractor shall sort the con- tents of the questionable Toad by commodity, and process each such acceptable Dolphin Recycling Agmt 1st Amdmt Fina12 20100201.doc —195— Page 7 of 9 commodity, unless otherwise mutually agreed by the parties to handle this pro- cess in another manner." Section 13. The parties agree that the pricing schedule submitted with Contractor's Response, which formed a basis for the Agreement and is entitled "4.3.6. Pricing Schedules" ( "Current Schedule "), will remain in effect until the. Contractor has imple- mented the Single- Stream Program. When the Single- Stream Program is implemented, the Current Schedule will become obsolete, be deleted in its entirety from the Agree- ment, and be replaced in the Agreement with a new pricing schedule under the same title, a copy of which is attached to this First Amendment as Attachment 1 ( "New Schedule "). The contents of the New Schedule, which are incorporated into this First Amendment as if set out fully in this instrument and are incorporated into the Agreement by reference herein this First Amendment, are effective when the Single- Stream Pro- gram is implemented, as contemplated under this First Amendment. In the event imple- mentation is not achieved, as reasonably determined by the City, the parties agree that the Current Schedule will continue in effect for all purposes under the Agreement, until such Agreement may be later terminated, expires, or is amended. Section 14. By execution of this First Amendment, the parties agree to revise and incorporate an extended term and to revise and modify contractual provisions related to the Services stated in the Agreement. The parties further agree that all other terms, conditions, and covenants in the Agreement not changed by this First Amendment remain the same and in full force and effect. In the event of a conflict between docu- ments forming the Agreement between the parties, including this First Amendment, the parties agree that the terms of this First Amendment shall take precedence over the language in any other instrument. (EXECUTION PAGE FOLLOWS) Dolphin Recycling Agmt 1st Amdmt Final2 20100201.doc —196— Page 8 of 9 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2010. ATTEST: Armando Chapa City Secretary City Manager ,2010 CITY OF CORPUS CHRISTI `Angel R. Escobar APPROVED AS TO FORM: ,;_ !../ Elizab ' R. Hundley Assis - Ar t City Attorney for the City Attorney CONTRACTOR: Dolphin Sales and Service, Inc., a Texas corporation doing business as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas partnershi By: Printed Name: Title: rc Date: r- / -zc3f() STATE OF TEXAS § COUNTY OF NUECES § t _:J�_) \i 't„vf,., 2010, This instrument was acknowledged before me on � , by ' i•-‘ i:(, ; ; 4 , of Dolphin Sales ant Service, Inc., a Texas corporation doing business as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas limited partnership, on behalf of the corporation and the part- -- nership. / / Notary_jublic, Ste of Texas ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: !; yto+ OLGA ANGELINA DE LA CRUZ = Notary Public, State of Texas 3 . .41 My Commission Expires 941ar August 20, 2013 Dolphin Recycling Agmt I st Amdmt n 1 11 t • •. 97 Page 9 of 9 ATTACHMENT 1 4.3.6 Pricing Schedule -- Effective upon implementation of Single- Stream Program 4.3.6.1 Tipping Fees (a) The City shall pay the Contractor tipping fees for all saleable recyclables collected by the City and deposited at the Contractor's sorting facility. The City shall pay a minimum monthly tipping fee to the Contractor which is based on the delivery of 1,000 tons of re- cyclables, regardless if the volume of actual delivered recyclables is less than 1,000 tons in that given month. (b) The 'floor' and minimum tipping fee is $35 per ton and the maximum tipping fee is $65 per ton. The amount of the tipping fee may vary as determined by the average recyclable commodities price for the month and by the volume (measured in tons) of saleable re- cyclables delivered to the Contractor. (c) Average monthly commodity sales price will be calculated for any given calendar month using the commodity indices published as of the first issue of the month for which the rebate is eamed by the City. The indices are applied for newspaper ( "ONP "), old corrugated card- board ( "OCC "), and household office paper /mailhousehold mixed paper /magazines ( "MIX "). Plastic and metal commodity market prices will be derived from the averaged actual mill prices paid to the Contractor during the month in which the rebate is earned by the City. See Table 1, which table is attached to this schedule and incorporated by reference into this document. (d) When revenues from the sale of recyclables plus the monthly tipping fees are Tess than the Contractor's total processing expenses, the tipping fee may be increased up to a maxi- mum of $65 per ton, in order to enable the Contractor to recover monthly processing ex- penses of $137,000. See Table 2, which table is attached to this schedule and incorpo- rated by reference into this document. Note: Table 2 is provided to illustrate the elasticity of the tipping fee, based on increases and decreases in the average monthly commodity sales price, and static volumes of 1,000, 1,250, 1,500, and 1,750 tons per month. (e) The Contractor and City have jointly agreed to a formula to calculate tipping fees that considers the volume and commodity sales price variables at various levels, illustrated by Table 3. Table 3 is attached to this schedule and incorporated by reference into this document. The formula will be applied monthly to calculate the tipping fees payable by the City and the rebate payable by the Contractor. 4.3.6.2 Average Commodities Sales Price (a) The average commodities sales price will be a weighted average, based on the pro- portion of the volume of materials, of the sales indices, and of the mill prices. The fractional proportion of an item's assigned value will be determined by a semiannual audit to be performed jointly by the Contractor and the Contract Administrator. The initial audit will be completed during the first week of implementation of the Single - Stream Program, in order to establish the proportional volume of categorized waste amounts being delivered to the Contractor. Subsequent audits will be completed at six - month intervals for the remaining term of the Agreement and proportional volume totals adjusted accordingly. Any adjusted totals, by type, will be the new proportional volume totals for the next six -month period for calculating the applicable Commodity Price and rebate due to the City. (b) The weighted average commodity sales price is calculated monthly as follows: the percentage of weight that each commodity represents as determined by the initial and subsequent semi - annual audits conducted jointly by the Contractor and the City multiplied by the monthly respective published indices (newspaper, cardboard, paper) and the monthly average actual mill prices (plastics, aluminum and tin) equals the monthly individual weighted sales prices (c) Lastly, the individual weighted sales prices are summed to total the monthly average commodity sales price. (d) Please refer to the example below: Example: Calculation of Weighted Average Commodity Sales Price C. Weighted A. B. Average Average Commodity Commodity Proportion Price Price Commodities Per Audit Per Ton Per Ton Aluminum 4% $1,200.00 $48.00 Tin 5% $25.00 $1.25 Paper (MIX) 35% $67.50 $23.63 Dolphin Recycling Agmt Att1 Full Page Final 20091210.daF9 9_ Page 2 of 4 Cardboard (OCC) 9% $75.00 $6.75 Newspaper 30% $32.50 $9.75 Plastic HDPE - N 4% $495.00 $19.80 HDPE - C 4% $325.00 $13.00 PET 7% $220.00 $15.40 #'s 3 - 7 2% $50.00 $1.00 Total Notes: 100% $138.58 Column A illustrates the proportion of saleable commodities determined by the initial and subsequent semi - annual audits. Column B illustrates monthly commodity rates derived from market indices and sales of plastics and metals. Column C illustrates the proportionate value assigned to each commodity and the total average commodity sales price, or the weighted average commodity sales price per ton. 4.3.6.3 Processing Expense and Variable Expense Per Ton The City acknowledges that the Contractor will incur significant capital and operating expenses in the performance of this Agreement. Contractor and City jointly agree that Con- tractor's monthly processing expense has been determined to be $137,000 per month to process 1,000 tons or less of saleable recyclables. For each ton of saleable recyclables deposited by the City in excess of the quantity required to produce 1,000 tons of recycled saleable product, it is recognized that the Contractor will incur an additional $20 per ton in additional variable expenses. The monthly processing and variable expenses are con- sidered in the formula illustrated in Table 3. 4.3.6.4 Rebate Calculation (a) The Contractor shall not pay the City a rebate if the total saleable recycling volume is equal to or less than 1,000 tons per month. Conversely, for each ton of saleable recycled materials in excess of 1,000 tons per month, a rebate will be calculated and paid to the City. The rebate formula is as follows: (i) number of tons in excess of 1,000 (ii) multiplied by the commodity price per ton Dolphin Recycling Agmt Att1 Full Page Final 2 0 0 9 1 2 1 0 . d 1 0 0 _ Page 3 of 4 (iii) multiplied by 25% if the commodity price per ton is Tess than or equal to $102 or by 35% if the commodity price per ton is greater than $102. (b) The monthly rebate paid by Contractor to the City is based on the above calculation, as shown in 4.3.6.4(a)(i) — (iii). In the event the Contractor's combined monthly revenue from tipping fees, as represented in 4.3.6.1(a) and (b) above, and monthly sales of recycled materials ( "gross revenue ") is less than or equal to the Contractor's total monthly pro- cessing and variable expenses, no rebate will be paid that month. If the difference calcu- lated between gross revenue and the Contractor's total monthly processing and variable expenses is a positive amount but is an amount Tess than the full calculated rebate, the amount of the rebate paid to the City will be the net difference between gross revenue and the Contractor's total monthly processing and variable expenses. Although this last rebate calculation method is likely to occur infrequently, Table 4 provides and example of the calculation. Table 4 is attached to this schedule and incorporated by reference into this document. 4.3.6.5 Adjustments to Processing Expenses, Variable Expenses, and Tipping Fees The processing expenses, variable expenses, and tipping fees will be adjusted annually, commencing on the first anniversary following the implementation of the Single- Stream Program and on the same date each subsequent year during the term of this Agreement. The annual adjustment will be the percentage increase or decrease, if any, in the Consu- mer Price Index published by the U. S. Department of Labor, Bureau of Labor Statistics, All Items, for urban wage eamers and clerical workers for the South Urban area ( "CPI Adjust- ment"). Notwithstanding the foregoing, in no event may increases exceed 5% per year nor 15% over any four -year period, and any decreases may not produce a reduction in the tipping fee to a price below $35 per ton. The CPI Adjustment to the tipping fee will be cal- culated on the minimum tipping fee, and the dollar amount of the change will be added to the minimum tipping fee. After application of the CPI Adjustment to the minimum tipping fee, the maximum tipping fee will be increased to an amount such that the difference be- tween the minimum and maximum tipping fee remains constant at $30. Included and made a part of this Attachment 1: (see following pages) Table 1 Table 2 Table 3 Table 4 Dolphin Recycling Agmt Att1 Full Page Final 20091210.do2 01 — Page 4 of 4 ATTACHMENT 1 Table 1 OM Newspaper (ONP) Official Board Markets (OBM), ONP #6, high side, Southwest region, (1't issue of the month). Old Comagated Cardboard Official Board Markets. (OBM), OCC #11, high side, (OCC) Southwest region, (1st issue of the month). Household Office Paper/Mail/ Household Mixed Paper/Maga- zines (MIX) Official Board Markets (OBM), Mixed Paper #1, high side, Southwest region, (14 issue of the month). Attachment 1 Table 2 Saleable tonnage per month Commodity Price Tipping Fee 1,000 > =$102 $35 1,000 <$102 & >$72 $35 to $65 1,000 < =$72 $65 Saleable tonnage per month 1,250 1,250 1,250 Commodity Price >= $78.60 $78.60 & >$48.60 " <= $48.60 Tipping Fee $35 $35 to $65 $65 Saleable tonnage per month 1,500 1,500 1,500 Commodity Price >= $63.00 $63.00 & >$33.00 <= $33.00 Tipping Fee $35 $35 to $65 $65 Saleable tonnage per month 1,750 1,750 1,750 Commodity Price >= $51.86 <$51.86 & >$21.86 <= $21.86 Tipping Fee $35 $35 to $65 $65 ATTACHMENT 1 Minimum of 1,000 tons guaranteed payment by City. -204- Example of Microsoft Excel worksheet to compute tipping fees and rebates 0 0 k § � e• 0 £ 0 CO 2 k § Single stream worksheet per ton C) o 2 0 0 0 S o & 0 0 a & ° 0 - • & 0 2 $ vr $ Tons per month Processing and variable expenses Processing expenses / ton Variable expense per ton Variable expense Base tipping fee Rev per ton needed Average Commodity Sales Price 0 0 Additional tip fee $k k § o � k/ co 6. 0 .c Ixa2- o e2--2 Q a) _ & e40 \.e 62=0)2 . co _ — e > > �k�E: 0) e CO x a c k oe x 2 §6} -0) o0 ,2 15 CSI £ - E o_ §£22 o 0) Ca222o £.a @- _; O I= �£■ us .40 xca 5) 0 ik =I�3 5) C 0 15 2.0 .0 E 2c2%00 \/@1515 kte.c o x]20 —0. us 3 - § £e,�� 4) E = c - To k1 1E% o 0 o 0 � \ _ a b k a) a C.) B2 e$ § f2 -0 IrX !•=. 2 _ a2 . co ae \ � � 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on proposed amendments to the adopted Urban Transportation Plan and the adopted Future Land Use Plan. STAFF PRESENTER(S): Name 1. Juan Perales 2. Faryce Goode -Macon 3. Robert Payne OUTSIDE PRESENTER(S): Name Title /Position Department Assistant City ManagerDev. Services Assistant Director Dev. Services Senior City Planner Dev. Services Title /Position Organization BACKGROUND: By City Charter the City is required to maintain a Comprehensive Plan which is amended at least every five years. The major elements of the Comprehensive Plan include the Future Land Use and Urban Transportation Elements which were last comprehensively amended on May 17, 2005. On January 20, 2010, the Planning Commission has held a public hearing and made a recommendation to City Council on adoption of the amendments. REQUIRED COUNCIL ACTION: None Supplemental Information PowerPoint J!� Perales, sistant City anager for D lopment Services and Engineering Services Email: JohnnvPa.cctexas.com Phone: 361- 826 -3828 Supplemental Information Public Outreach for Plan Input June 18, 2009 — Staff presented recommended Urban Transportation Plan Amendments to the MPO (Metropolitan Planning Organization) Technical Advisory Committee for the purpose of gaining MPO input into the plan amendments. Several amendments were provided by Nueces County, Port of Corpus Christi, and TxDOT representatives. June 24, 2009 — the City Traffic Engineering Division provided suggestions. July 27, 2009 — Staff presented recommended Urban Transportation Plan changes to the City's TAC (Transportation Advisory Committee) for discussion. September 28, 2009 — Staff presented the Urban Transportation Plan changes to the TAC for action. The TAC recommended the approval of the changes provided a statement is added to the Urban Transportation Plan map indicating that "Widening may be required for streets designated on the City's Pedestrian and Bicycle Plan ". October 2, 2009 — Staff presented the plan changes to the "Bay Area Smart Growth Initiative ". October 24, 2009 — Bay Area Smart Growth Initiative Workshop. Those attending included representatives from the Regional Transit Authority, Texas A & M Corpus Christi, the Metropolitan Planning Organization, a commercial developer, engineering consultants, architects and the City. December 9, 2009 — Planning Commission discussion. December 18, 2009 — Mailout invitation to community groups inviting them to attend the Planning Commission public hearing and or submit comments to Staff. Over 1,000 notices were sent out to community organizations, neighborhood organizations, public agencies, shopping center owners, developers, engineers, and others. January 13, 2010 — Presentation and input from the Builders Association. January 20, 2010 — Planning Commission public hearing and action. Planning Commission recommended the Transportation Plan Amendments and amended the amendments concerning draft policy statements on Smart Growth. The Commission decided to delete the policy statements on Smart Growth in lieu of future discussion and study by the Commission. The Smart Growth policy statements have been deleted from the proposed amendments. February 23, 2010 — City Council public hearing and First Reading of an Ordinance. March 9, 2010 — Second Reading of an Ordinance and adoption. Supplemental Information Summary — Urban Transportation Plan and Future Land Use Plan Amendments 1. Ennis Joslin Road, SPID to Holly Road - Maintain the existing A -31 Arterial cross section. 2. Ennis Joslin Road, south of Holly Road - Reduce the planned street classification from an A -3 Arterial to an A -22 Arterial. 3. Holly Road, east of Rodd Field - Maintain the A -3 Arterial Designation. 4. Wooldridge Road, east of Rodd Field Road - Reduce the planned street classification from an A -3 Arterial to an A -2 Arterial. 5. Airline Road, SPID to Wooldridge Road - Increase the planned street classification from an A -1 Arterial to an A -3 Arterial. 6. Staples Street, south of Saratoga Boulevard to Oso Creek - Increase the planned street classification from an A -2 Arterial to an A -3 Arterial. 7. Navigation Boulevard, between I.H. -37 and Old Brownsville Road - Decrease the planned street classification from an A -3 Arterial to an A -13 Arterial. Compton Road Extension, west of Flour Bluff Drive - modify the alignment to show a conceptual connection to SPID approximately 400 feet east of the present location. 9. Airline Road / Rodd Field Road Intersection, Create a 90 degree intersection at Rodd Field Road. 10. Williams Drive Extension, east of Rodd Field, modify the alignment to minimized new bridge crossing at Ennis Joslin and for the terminus segment of Williams Drive between Ennis Joslin and Paul Jones change the cross section type from a Primary C -3 Collector to a Secondary C -2 Collector. 11. Collector Street System South of Oso Creek, Use a'/ mile grid pattern of arterial and collector streets south of Oso Creek to assure connectivity. 12. Weber Road, south of Saratoga Boulevard to Oso Creek - Increase the planned street classification from an A -2 Arterial to an A -3 Arterial. 13. Intersection widening, provide standards for intersection widening at collector and arterial and higher level streets. 1 A -3 Arterial is planned to have 130 feet of right -of -way, six lanes and a median. 2 A -2 Arterial is planned to have 100 feet of right -of -way, four lanes and a median. 3 A -1 Arterial is planned to have 95 feet of right -of -way, four lanes and a continuous center left turn lanes. —211— 14. Cross Section Table, revise the cross section table concerning adding local street information, bikeway capability and update to average daily trip information. 15. Nile Drive - Deleted a portion of Nile Drive as a collector and added Pharaoh Drive as a collector street. 16. South Loop Corridor — Replace the South Loop Corridor with a conceptual inset map. 17. Deletion of the Tule Lift Bridge Ship Channel Crossing on Navigation Blvd. — Tule Lift Bridge has been removed and, therefore the arterial street crossing should also be removed. 18. Mustang Island Beach Access Collector — Replace the northern most pedestrian beach access with a C -1 collector roadway designation. 19. High Speed Water Taxi — Include an inset map of a conceptual route for a high speed water taxi intended to link Corpus Christi with the former Naval Station Ingleside. 20. Light Rail Concept map — Include an inset map of a conceptual light rail network with connections between the southside, northwest and downtown areas. Inclusion of the concept map will represent an alternative to standard road widening or new roads and does not specifically commit the City to pursue light rail but only to consider light rail as a potential alternative to standard transportation solutions. 21. Adopt a policy for creation of a Complete Streets Program — Complete Streets Programs have been adopted around the country to recognize the need to take all users of streets into account when new streets are built or when existing streets are rebuilt. 22. Policy Statement on achieving street capacity on designated arterial or collector Streets — A policy statement indicating that alternatives to street widening should be considered when widening is not feasible. 23. Policy Statement indicating that where a street is designated as a Bikeway on the Transportation Plan additional street widening maybe required. 24. Future Land Use Plan change to property located at the southeast corner of Rodd Field and SP1C — recommended to change to commercial land use. 25. Future Land Use Plan change to property located at the northwest corner of County Road 69 and County Road 52 — developers have suggested that the Future Land Use Plan show Industrial Use - no changes are recommended by Staff or Planning Commission. Planning Process `4w../ n o E (3 0 ., E o 0 . ,%. cn To '7 co 2 o c 't •E 431 cn 0) 00 c T- H. r\ C z 5 E ......) 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Juan Perales, Jr. Asst. City Manager Engr. & Dev. Svcs. ISSUE: During the City Council meeting of October 27, 2009, staff was requested to "schedule a status report regarding updates to the City's master plans and the UDC in January". Master plan updates currently underway include the Transportation Master Plan, the City -wide Stormwater Master Plan, the City -wide Water Master Plan, the City -wide ADA Master Plan, and the Wastewater Master Plan for areas south of Oso Creek. The presentation will include an overview of actions required for the adoption of the updates, including the history of completed actions, and the proposed schedule for the completion of remaining actions. The City's Unified Development Code (UDC) is in its final draft, and ready for review and comment through the public hearing process. The UDC is comprised of 11 articles or sections, which address various development topics. To facilitate development of the new Code, several cooperative committees or work groups were formed, which included appropriate City staff and community and related industry representatives. These committees focused on the areas of landscaping, signing, base zoning, shared access, and infrastructure. An administrative committee was also established and assigned the duties of reviewing general requirements and structure of the new Code. REQUIRED COUNCIL ACTION: None. PowerPoint presentation Supplemental information Juan Perales, Jr., P.E. Asst. City Manager Engineering & Development Services -301- m • Remaining UD( Planning Coma following order: ■ Signs /Outdoor A ■ Base Zoning ■ Infrastructure ■ Administrative P ■ Shared Access U O cit rn O 0 Presentation 0_ 0 0 0) LcEs O U 0 ti U o 0_ 0 N IP C.) 2 o 0 U .cn 2 E t2 o o 0 C) - c 0) 4C-1) 2 o .. 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