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HomeMy WebLinkAboutAgenda Packet City Council - 08/24/20101;:; UMW 1 11:45 A.M. Proclamation declaring Thursday, August 26, 2010 as "Women's Equality Day — 90th Anniversary of Women's Right to Vote" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 24, 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, habra un interprete ingles- espanol en todas las juntas del Concilio Para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 369- 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 Kenneth Mutchler, Immanuel Fellowship. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: Chris N, Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting August 24, 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 August 17, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: 2. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) a. Motion approving the purchase of 700/800 MHZ and VHF Project 25 equipped radios and accessories to augment the current Command Van system to provide interoperable communications from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $75,530.13. Funds are available through the Public Safety Interoperable Communications Grant. (Attachment # 2) Agenda Regular Council Meeting August 24, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion approving the purchase of 800 MHZ radios and accessories for the City of Port Aransas to bring all their Public Safety personnel onto the 800 MHZ radio system and provide interoperable communications, from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $360,291.92. Funds are available through the Public Safety Interoperable Communications Grant which includes a 20% cash match from the City of Port Aransas. (Attachment # 2) c. Motion approving the purchase of EDACS to Project 25 software and installation to provide interoperable communications from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $128,317. Funds are available through the 2009 Edward Byrne Justice Assistance Grant Program Local Solicitation. (Attachment # 2) 3. Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District to execute Interlocal Cooperation Agreements with local independent school districts for the implementation of tactical plans for responding to an act of bioterrorism. (Attachment # 3) 4. a. Resolution authorizing the City Manager or his designee to accept a grant of $76,658 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. (Attachment # 4) b. Ordinance appropriating a grant of $76,658 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. (Attachment # 4) 5. Motion approving a change in the scope of work for Amistad Community Health Center's FY 2008 Community Development Block Grant project located at 1533 S. Brownlee, and authorizing the City Manager or his designee to execute all related documents. (Attachment # 5) Agenda Regular Council Meeting August 24, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Commerce, Economic Development Administration in the amount of $3,688,180.94 for the Chaparral Street Redevelopment Project (Phase I) to convert Chaparral Street (now One -Way) from Schatzel Street to William Street into a Two -Way Vehicle /Pedestrian- Friendly Corridor, with a City Match of $922,045.24 in the Fund No. 3546, Street 2009 GO CIP Fund (Bond Issue 2008), and a total project cost of $4,610,226.18. (Attachment # 6) 7. Second Reading Ordinance — Ordering a Special Election to be held on November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. (First Reading — 8/17/10) (Attachment # 7) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at ariy time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 8. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. Agenda Regular Council Meeting August 24, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASES: 9. Case No. 0610 -02, David B. Allred: The applicant is requesting a change of zoning from the "B-2A/10/SP" Barrier Island Business District/Island Overlay /Special Permit to the "B -4" General Business District resulting in a change of land use from Tourist Business with overlay and design conditions to commercial use. The property to be rezoned is Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A and 10A, located on the west side of South Padre Island Drive (SPID) or Park Road No. 22, at the address 14237 SPID or Park Road No. 22. (Attachment # 9) Planning Commission and Staff's Recommendation: Denial of the "B -4" General Business District and in lieu thereof, approval of a modified "B- 2A/IO/SP" Barrier Island Business District /Island Overlay with a Special Permit. The special permit would allow for the •operation of a boat repair facility, subject to a Site Plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by David B. Allred, by changing the Zoning Map in reference to Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A and 10A, from "B-2A/10/SP" Barrier Island Business District/Island Overlay/Special Permit to Modified "B- 2A/10 /SP" Barrier Island Business District/Island Overlay with a Special Permit to allow for the operation of a boat repair facility, subject to a Site Plan and six (6) conditions; 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. 10. Case No. 0710 -01, Proportional Prosperity, LLC: The applicant is requesting a change of zoning from "B -4" General Business District to the "1 -2" Light Industrial District resulting in a change of land use from general business to Tight industrial use. The property to be rezoned is 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26, and 27, located at 1302 Saratoga on the northeast corner of Saratoga Boulevard and Calie Las Colonias Drive. (Attachment # 10) Agenda Regular Council Meeting August 24, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Denial of the "1 -2" Light Industrial District and in lieu thereof, approval of the "B-4/SP" General Business District with a Special Permit, subject to a Site Plan and five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Proportional Prosperity, LLC, by changing the Zoning Map in reference to 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26 and 27, from "B -4" General Business District to "B-4/SP" General Business District with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a Site Plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 11. Case No. 0710 -02, Chris Mandell, applicant for Horton Automatics, a division of Overhead Door; The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "I -3" Heavy Industrial District resulting in a change of land use from a light industrial use to a heavy industrial use. The property to be rezoned is approximately 2,612 square feet out of the Corpus Christi industrial District Section 2, Block 9, Lot X -3, approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard. (Attachment # 11) Planning Commission and Staffs Recommendation: Denial of the "1 -3" Heavy Industrial District and in lieu thereof, approval of the "1 -2" Light Industrial District with a Special Permit for the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank, subject to a Site Plan and four (4) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Chris Mandell, applicant for Horton Automatics, a division of Overhead Door, by changing the Zoning Map in reference to approximately 2,612 square feet out of Corpus Christi Industrial District Section 2, Block 9, Lot X -3, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit Agenda Regular Council Meeting August 24, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) to allow installation and operation of one (1), 2,400 gallon, UL2085, above ground fuel storage tank, subject to a Site Plan and four (4) conditions; 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 CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: TAX RATE CONSIDERATION ITEM: 12. OPTION 1 a. Resolution directing the City Manager to present an ordinance for City Council consideration on August 31, 2010 to establish the effective tax rate of $0.591301 per $100 valuation with a maintenance and operation rate of $0.382454 per $100 valuation and a debt service rate of $0.208847 per $100 valuation. (Attachment # 12) OPTION 2 b. Ordinance setting a property tax rate of $0.582269 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for Tax Year 2010 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. (Attachment # 12) c. Ordinance amending the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing the estimated revenues for ad valorem taxes in Fund No. 1020 General Fund by $409,138 and decreasing the estimated revenues for ad valorem taxes in Fund No. 2010 Debt Service Fund by $1,468,468. (Attachment # 12) 13. First Reading Ordinance - Amending Chapter 14 "Development Services," Article XI I I, "Development Services Fees ", Division 1, "Technical Construction Code Fees ", Section 14 -1302, "Standardized Building Valuation "; Section 14 -1304, "Processing And Plan Review Fee "; Section 14 -1306, "Special Fees "; Section 14 -1307, 'Reduced Fees "; Section 14 -1312, "Accounting "; and Section 14 -1313, "Technical Construction Code Fee Schedules ", of the Code of Ordinances, City of Agenda Regular Council Meeting August 24, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Corpus Christi, to provide for minimum permit fees, simplified methods to calculate Building Permit Fees and Plan Review Fees; to provide far expedited Plan Review by Internal Staff; to provide for customized Plan Review; to provide discounts of Fees to Permit Holders meeting certain requirements; to provide for Special Inspections on non - standard days and hours; to provide for Certificates of Completion to Shell Buildings; to provide for Fees for Construction Site Offices, Fees for both standard and duplicate Certificates of Occupancy, Fees for Temporary Events, Penalty Fees, Inspections Outside of the City Limits, Electrical Permit Fees, Plumbing Permit Fees, Mechanical Permit Fees, Fuel Gas Permit Fees, Swimming Pool Fees; and providing for Fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date of October 1, 2010. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $96,101 for professional services to prepare a Sanitary Sewer Overflow Initiative (SSO1) Plan and Final Capacity, Management, Operations and Maintenance (CMOM), Self -Audit Report. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Proportional Prosperity LLC, in the amount of $590,000, plus additional expenditures not to exceed $3,000 for related closing costs, all for the purchase of a warehouse property to be used by the Corpus Christi Police Department, which is located at 1302 Saratoga Boulevard in connection with the Public Safety Warehouse for Police and Fire Departments, Project No. 5244 (Bond Issue 2008) (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $550,059, for preliminary design phase, design phase, bid phase, and construction phase services for Oso Water Reclamation Plant Nutrient Removal Project (Ammonia). (Attachment # 16) L. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. Agenda Regular Council Meeting August 24, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 PL4N TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE, PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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 j' p.m., on August 19, 2010. Armando Chapa City Secretary Agenda Regular Council Meeting August 24, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 2010 -2011 La ueNIPV Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 17, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: City Staff: Chris Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Dr. Steve Hartwick with First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of July 20, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Animal Control Advisory Committee Cheryl Martinez (Reappointed) Heather Tarnoski (Appointed) Dr. Barbara Whitlock (Appointed) Cable Communications Commission Connie Gutierrez (Reappointed) Senior Companion Program Advisory Committee Amber Sayre (Appointed) Building Code Board of Appeals Cliff Atnip (Reappointed) Ricardo Martinez (Reappointed) Food Service Advisory Committee Gabriel Hernandez (Reappointed) Anthony Hernandez (Reappointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 3 - 12). There were no comments from the public. Council members requested that Items 7, 9, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 028709 Resolution authorizing the submission of a grant application in the amount of $22,750 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2011 Hazardous Materials Emergency Preparedness (HMEP) Grant Program for public —1— Minutes — Regular Council Meeting August 17, 2010 — Page 2 awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous chemical inventory and to conduct an emergency response exercise, with a hard match of $4,550, and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.a. RESOLUTION NO. 028710 Resolution authorizing the City Manager or his designee to accept a grant of $180,351 from the Texas Department of State Health Services for personnel costs, equipment and other expenses to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin August 1, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.b. ORDINANCE NO. 028711 Ordinance appropriating a grant of $180,351 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism. 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 ". 5.a. RESOLUTION NO. 028712 Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services for personnel costs and other expenses to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. ORDINANCE NO. 028713 Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting August 17, 2010 -- Page 3 6. ORDINANCE NO. 028714 Ordinance appropriating $633,000 from the estimated Program Income Revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2010 -2011 Program Income to fund laboratory and public health services for the period of September 1, 2010, through August 31, 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.a. RESOLUTION NO. 028716 Resolution ratifying the acceptance of an additional funding award in the amount of $1,581,735 for a total allocation of $3,163,472 from the Texas Department of Housing and Community Affairs to be effective July 14, 2010, and authorizing the City Manager or his designee to execute all related documents for the Weatherization Assistance Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 028717 Ordinance appropriating $1,581,735 in the No. 1059 Grant Fund for the Weatherization Assistance Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. ORDINANCE NO. 028718 Ordinance abandoning and vacating a 2,246- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, located just west of the. South Staples Street public right -of -way; requiring the owners, A.C. Gilmore Jr., and wife, Clyde!! H. Gilmore, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. ORDINANCE NO. 028719 Ordinance abandoning and vacating a 87.90- square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, located south of the Oso Parkway public street right -of -way; requiring the owners, Kenneth Todd Olson and Maria Garza Olson, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes -- Regular Council Meeting August 17, 2010 — Page 4 12.1. RESOLUTION NO. 028721 Resolution nominating Flint Hills Resources, LP, to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a Triple Jumbo Enterprise Project, underthe Texas Enterprise Zone Program underthe Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution 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 7 regarding LED lighting of Orion's Belt Sculpture on Corpus Christi Bayfront. In response to Council Member Kieschnick, City Manager Escobar reported that the source of funding is from the Bond 2004 Election. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 028715 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the amount of $24,755 for LED lighting of Orion's Belt Sculpture on Corpus Christi Bayfront. 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 9 regarding Staples Street — Phase 2 from Holly to Williams. Council Member Adler expressed concern regarding the cost of engineering fees for projects. Ms. Adler asked questions regarding the percentage of the engineering fees for projects and the fees associated with prior council action on June 9, 2009 and April 27, 2010 including the percentage. Director of Engineering Services Pete Anaya explained that the percentage of engineering fees for projects ranges from 5' /z% to 8% based on the design and complexity of the project. Mr. Anaya stated that the amount of engineering fees for the prior Council action item on June 9th was for Phases 1 and 2 and April 27th was only for Phase 1. Mr. Anaya added that he would provide the percentage of the fees later in the meeting. In response to Council Member Adler, Mr. Anaya stated that a team of project managers and the Director or Assistant Director of Engineering Services assesses the engineering services associated with the projects. Council Member Martinez asked whether the City incorporates acquisition of the right -of -way during the preliminary work on the bond process. City Manager Escobar stated that the City does incorporation the acquisition of the right -of -way and it is included in the cost of the project. Mr. Escobar added that once the engineer is selected, the City identifies the amount of right-of-ways to acquire and staff comes back with an amendment to include the additional parcels. Council Member Leal spoke regarding the appropriation of bonds funds. Council Member Elizondo asked staff to provide the breakdown of engineering service fees associated with projects. Mr. Elizondo also requested that staff prepare a construction award analysis for Bond 2000 and Bond 2004. In response to Council Member Scott, Mr. Anaya stated that the engineering services are internal and the construction observation services are supplemented with consultants. MayorAdame requested a schedule of engineering fees over the past two (2) years. Ms. Adler requested that the schedule include the engineering fees over the last five (5) years. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 17, 2010 — Page 5 9. MOTION NO. 2010 -186 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $71,625 for a total restated fee of $709,457 for Staples Street - Phase 2 from Holly to Williams for right -of -way (ROW) acquisition survey of 19 parcels. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 12 regarding the renaming of Oceanview Park to Catalina Martinez Park. Council Member Chesney announced that he requested this item be pulled for individual consideration to allow the family to speak. Arturo Martinez, 1309 Sixth Street, introduced his grandson Adan Martinez who asked to address the Council. Adan Martinez thanked the Council for naming the park after his grandmother and asked that the City address the tall grass, mosquitoes, and an electrical pole to allow kids to play at the park. In response to Council Member Scott, Assistant Director of Parks and Recreation Stacie Talbert reported that staff is working to address the issues presented by Mr. Martinez. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028720 Renaming the park located at 1516 Seventh Street from Oceanview Park to Catalina Martinez Park. (First Reading — 07/20/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 13. Executive Session pursuant to Texas Government Code Section 551.07'1, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, Open ST 14. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 15. Executive session under Texas Government Code Section 551.071 for private consultation with its attorney regarding City of Corpus Christi - Proposed TPDES Permit No. WQ0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 16. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action in open session. -5- Minutes — Regular Council Meeting August 17, 2010 — Page 6 17. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * * * Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610 -03, Jack R. Baker: A change in zoning from "AB" Professional Office District to "B -1" Neighborhood Business District on property described as Northwest Estates, Block 11, Lot 4, located at 4030 River Hill Drive. Bob Payne, Senior City Planner, referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; oblique photo; "AB" and "B -1" allowable uses; additional photos of the subject property; site plan and ownership map. Mr. Payne stated that the Planning Commission and staff recommended denial of the "B -1" Business Neighborhood District and in lieu thereof, approval of the "AB/SP" Professional Office District with a Special Permit, subject to a Site Plan and seven (7) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028722 Amending the Zoning Ordinance, upon application by Jack R. Baker, by changing the Zoning Map in reference to Northwest Estates, Block 11, Lot 4, from "AB" Professional Office District to "AB/SP" Professional Office District with a Special Permit to allow the operation of a restaurant, subject to a Site Plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610 -04, Extreme Homes of Texas, LLC: A change in zoning from "R-1B" One - Family Dwelling District to "R-1C" One - Family Dwelling District resulting in a change of land use on the property described as 3.49 acres out of McKinzie Partition Tract 1 -C, located at Shallow Creek Drive. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 17, 2010 — Page 7 19. ORDINANCE NO. 028723 Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, LLC, by changing the Zoning Map in reference to 3.49 acres out of McKinzie Partition Tract 1 -C, 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame announced that Item 20 regarding the public hearing on zoning case No. 0610 -05, City of Corpus Christi was withdrawn by staff. 20. - ` - 9 ' ' - - properties to "R 1B" One Family Dwelling District erg property described as approximately Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following easement closure: 21. Public hearing to consider an Ordinance closing, abandoning and vacating a 89,159.98 - square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner to comply with the specified conditions. City Secretary Chapa announced that Council Member Scott would abstain from the discussion and vote on this item. Assistant City Manager of Development Services Johnny Perales provided a background of the commercial tract and an aerial photograph of the proposed public parking easement closure for the Lindale Park Subdivision. Deborah Brown, Assistant City Attorney, provided a revised agenda memorandum to address the concerns of the developer, CVS /Caremark. The following topics pertaining to this item were discussed: the future use of the property; the location of the parking easement; and the owner of Alameda Plaza, LLC. No one appeared in opposition to the easement closure. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028724 Ordinance closing, abandoning and vacating a 89,159.98 - square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner to comply with the specified conditions. Minutes — Regular Council Meeting August 17, 2010 — Page 8 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 22 regarding the Special Election to be held on November 2, 2010 for consideration of amendments to the City Charter. City Secretary Chapa explained that this item is calling for a Charter Election on November 2, 2010 proposing six propositions to amend the Charter. City Secretary Chapa stated that $160,000 has been allocated for this election. Mr. Kieschnick made a motion to amend Proposition 3 regarding the City Auditor to include the language that the City Auditor be appointed by and report to the City Council. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mr. Kieschnick made a motion to amend Proposition No. 5 regarding municipal court judges to reduce the majority vote of the City Council to a two- thirds vote. 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 ". Council Member Kieschnick also spoke regarding consideration of a strong mayor form of government. Council Member Scott spoke in opposition to the limitation of terms for City Council and moving the election to November. Council Member Marez stated that he did not support the November election and the term limitations. Council Member Adler stated that she feels that the City should have its own election in May and did not support the November Election. Council Member Leal spoke in support of longer terms of office for council members and the November election. Council Member Chesney stated that he did not feel that there is voter fatigue during a November Election and that having a November Election would decrease the cost of elections and prepare future Council's for the budget process. Council Member Elizondo spoke in support of the November election. Mayor Adame called for comments from the audience. John Bell spoke in opposition to restricting terms of office for council members and November elections. Mr. Bell spoke in support of a large local issue election in May that focuses on non - partisan local elections. Mr. Bell encouraged the Council to postpone the Charter Election until next May. Council Member Scott made a motion to eliminate Proposition No. 6 regarding changing the election date to November from the list of items to be held in the Charter Amendment Election. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Adler, Marez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "No ". Minutes — Regular Council Meeting August 17, 2010 — Page 9 Council Member Scott made a motion to eliminate Proposition No. 2 regarding limitation of terms for council members from the list of items set forth for the November Charter Election. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Adler, Marez, and Scott, voting "Aye"; Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "No ". In response to Council Member Marez, Charter Committee Member John Bell clarified that the limitation on terms for council members would be effective upon adoption of the election ordinance. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Ordering a Special Election to be held on November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adler and Scott voting "No ". * * * * * * * * * * * * * Mayor Adame referred to Item 28 regarding the annual report by the Corpus Christi Regional Transportation Authority (RTA). Michael Sezter, Interim CEO of the RTA, referred to a powerpoint presentation including a background; mission statement; types of services; rider profile; 2010 operating budget; economic impact; the partnership with the City; and RTA initiatives. Mr. Sezter also recognized Board Chair Crystal Lyons and Operations Chair Judy Telge. The following topics pertaining to this item were discussed: the cost benefit for partnering with the City on vehicle maintenance and gas services; trash receptacles and trash collection at bus stops; and including the City of Port Aransas in discussions regarding the ferry. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 23 regarding the Board, Commission and Committee procedures. City Secretary Chapa explained that this item was requested by the City Council to change the current policy on the appointment of board members. Mr. Chapa stated that this amendment would prohibit the appointment of a person from serving on more than one City or non -City board at the same time. In response to Council Member Marez, City Secretary Chapa stated that current members serving on more than one board will be grandfathered until the next term and at that time decide which board to serve an. Mr. Chapa added that there are currently 23 people serving on more than one board. Council Member Elizondo asked staff to send a memo out to all boards notifying members of the amendment. Mr. Chapa stated that letters would be sent to the affected board members. -9- Minutes — Regular Council Meeting August 17, 2010 — Page 10 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 028725 Resolution amending Council Policy No. 14, "Boards, Commissions, and Committee Procedures" to limit service on boards, commissions, committees or corporations, effective upon passage. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 24 regarding the Cimarron Center Subdivision. City Secretary Chapa announced that Council Member Scott would abstain from the discussion and vote on this item. Assistant City Manager Johnny Perales explained that the purpose of this agreement is to accelerate the development of the proposed Wal -Mart project to allow concurrent construction of both public and on -site private improvements. Mr. Perales stated that the appropriation is required to accept previously- deposited funds from the developer for the extension of Dunbarton Oaks Drive. Mr. Perales provided a substitute ordinance to include any interest accumulated to the point the developer is reimbursed. Marco Castillo, Development Services Manager, and Ken Brown, legal representative for Wal -Mart, were available to respond to questions. Ms. Martinez made a motion to substitute the ordinance submitted by staff. 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, and Martinez, voting "Aye "; Scott abstained. Council Member Leal asked questions regarding the ditch located behind the development. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. ORDINANCE NO. 028726 Ordinance appropriating and restricting $83,250.49 (and the accrued interest) in the Interest - Bearing Infrastructure Trust Fund No. 4730 to reimburse Wal -Mart Real Estate Business Trust (Developer) upon completion of Dunbarton Oak Drive and related storm water improvements, in accordance with Section IV, Paragraph A, Subparagraph 12 of the Platting Ordinance. An emergency was declared, and the foregoing ordinance was passed and approved as substituted with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. 24.b. MOTION NO. 2010 -187 Motion authorizing the City Manager to execute a Deferment Agreement with Wal -Mart Real Estate Business Trust, (Developer), in the amount of $1,086,478.05 for public improvements including construction of water, sanitary sewer, storm sewer, and road improvements as a requirement for the platting of Cimarron Center Subdivision, located south of Saratoga Boulevard and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of a financial document compliant with City requirements. —10— Minutes — Regular Council Meeting August 17, 2010 — Page 11 public. The .foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. There were no comments from the * * * * * * * * * * * * * Mayor Adame opened discussion on Item 25 regarding area street and drainage improvements Phase 2B Helen and Theresa Streets. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the background; project scope; project limits; construction schedule; and project costs. Mr. Anaya stated that the consultant fees for LNV Engineering, in the amount of $242,950, are for the total amount for all phases of this project. The following topics pertaining to this item were discussed: whether the projected was estimated higher or lower than the engineer's estimate; and the services provided by the consultant. Council Member Marez requested an update on the timeline for geotechnical testing accreditation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2010-188 Motion authorizing the City Manager or his designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas, in the amount of $1,309,233.30 for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. Mayor Adame opened discussion on Item 26 regarding Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook and Mansheim Area Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project limits; construction schedule; and project costs. The following topics pertaining to this item were discussed: the issue of construction companies turning over project to bonding companies; the procedures in place for background checks for construction companies; whether staff has done a background check on Reytec Construction; and extending the background check to five (5) to 10 years when selecting out of town and in -town consultants. Council Member Adler requested a report on the Laguna Shore project. Ms. Adler expressed concern with selecting the lowest bidder for projects and asked staff to do a further background check on Reytec including the length of time in business; financial information; and experience with bonding companies over the past 10 years. Mr. Anaya stated that he would get with Legal to explore another award method that does not depend strictly on the low bidder. Minutes — Regular Council Meeting August 17, 2010 — Page 12 Ms. Adler made a motion to table this item for two weeks to do a further background check on Reytec Construction Resources, Inc. The motion was seconded by Mr. Kieschnick. Council members had additional comments so Mr. Kieschnick withdrew his second. Council Member Leal spoke in support of tabling this item to allow for the best construction company to do the work. Ms. Leal also asked questions regarding the CIP funding for this project. Council Member Marez asked questions regarding the fees for geotechnical and materials testing and the awarding to two different companies. Mr. Anaya stated that typically the same lab is used for both testing. Council Member Scott asked questions regarding unused CIP funds on projects. City Manager Escobar explained that unused CIP funds remain for use on other CIP projects. In response to Council Member Scott, Mr. Anaya stated that the City uses Govind Development to implement the CIP program into the bond program. Council Member Elizondo suggesting re- evaluating the instruments used to issue awards for projects. Ms. Adler remade her motion to table this item for two weeks to do a further background check on Reytec Construction Resources, Inc. 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 ". 26. TABLED TO AUGUST 31, 2010 Wansheim &, Helen Gabriel to Kostoryz and Sunnybrook -to Gollihar (BOND ISSUE 2008) . . e. Mayor Adame opened discussion on Item 27 regarding the extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project limits; schedule; and project costs. The following topics pertaining to this item were discussed: the funding for the construction phase 2 extensions; the Rodd Field /Airline intersection; and whether landscaping funding is secured with the Texas Department of Transportation (TxDOT). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. MOTION NO. 2010 -189 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $636,003, fora total re- stated fee of $1,775,186 forthe Yorktown Boulevard — Staples to Cimarron Project for the evaluation, design and preparation of construction documents forthe extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. (BOND ISSUE 2004/2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Martinez, and Scott, voting "Aye`; Kieschnick and Marez were absent. —12- Minutes — Regular Council Meeting August 17, 2010 — Page 13 Mayor Adame opened discussion on Item 27.1 regarding the Brush Collection Rapid Response Fund. Assistant City Manager Oscar Martinez explained that this item is in response to windstorm event that occurred on June 2, 2010 that created extraordinary brush and debris. Mr. Martinez referred to a powerpoint presentation a background; the pre/post storm collection map; use of brush collection contractor; sustainability of a clean city; and brush schedule enforcement. Director of Solid Waste Operations Lawrence Mikolajczyk was available to respond to questions. Mr. Martinez explained the requested Council action is to establish a protocol for the fund to be used; appropriate $350,000 to support cleanup of the brush; and approval to spend the funds under the provisions of the protocol. Mr. Martinez provided a brief overview of the proposed protocol for use of the funds. The following topics pertaining to this item were discussed: the amount of funding requested in June; the timeline for clean -up efforts; the number of trucks currently in operation; the focus on compliance of the ordinance; an explanation of the backlog; whether the cycle changed; the reason this item is considered an emergency; delaying the start of the program until September; the health and safety hazards; and notifying the public of the schedule. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.1.a. RESOLUTION NO. 028727 Resolution approving the protoco! to be used to authorize the City Manager to utilize the Brush Collection Rapid Response Fund approved in the fiscal year 2010 -2011 budget. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 27.1.b. ORDINANCE NO. 028728 Ordinance appropriating $350,000 from the Unreserved Fund balance in General Fund No. 1020 to be dedicated for rapid response brush pickup; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $350,000. 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 ". 27.1.c. MOTION NO. 2010 -190 Motion authorizing the City Manager or his designee to expend up to $350,000 to support the City's emergency brush clearing initiative as provided under the City's approved protocol. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting August 17, 2010 — Page 14 MayorAdame announced that Item 29 was postponed by staff. 29. New Economic Development Website Demonstration. There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 5:10 p.m. on August 17, 2010. * * * * * * * * * * * ** 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/24/2010 AGENDA ITEM: A. Motion approving the purchase of 700/800 MHZ and VHF Project 25 equipped radios and accessories to augment the current Command Van system to provide interoperable communications from Dailey & Wells Communications, San Antonio, Texas based on sole source for a total expenditure of $75,530.13. Funds are available through the Public Safety Interoperable Communications Grant. B. Motion approving the purchase of 800 MHZ radios and accessories for the City of Port Aransas to bring all their Public Safety personnel onto the 800 Mhz radio system and provide interoperable communications, from Dailey & Wells Communications, San Antonio, Texas based on sole source for a total expenditure of $360,291.92. Funds are available through the Public Safety Interoperable Communications Grant which includes a 20% cash match from the City of Port Aransas. C. Motion approving the purchase of EDACS to Project 25 software and installation to provide interoperable communications from Dailey & Wells Communications, San Antonio, Texas based on sole source for a total expenditure of $128,317. Funds are available through the 2009 Edward Byrne Justice Assistance Grant Program Local Solicitation. ISSUE: Purchase of equipment must be approved by City Council if over $50,000. REQUIRED COUNCIL ACTION: Approval of purchase. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of the grant on 07/08/2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of purchase. D. Troy Riggs Chief of Police TrovRCccctexas.com 886 -2604 Attachments: Quote from Dailey Wells BACKGROUND INFORMATION A. The purchase is for 700/800 MHZ and VHF Project 25 equipped radios and accessories to augment the current Command Van system to provide interoperable communications to meet the State of Texas mandated P -25 compliance. What is known as the "Project 25" (P25) digital "suite of standards" is that any manufacturer's radios that are "P25 compliant" can communicate with any other vendor radios that have the same certification and operate in the same radio frequency band (VHF, UHF, 700/800 MHz are the three primary bands — Texas will be primarily using VHF and 700/800 MHz). Currently during times of crisis, such as a hurricane hit to Corpus Christi, incoming outside federal, state, and other mutual aid units will not be able to communicate on the Corpus Christi system. The Texas Statewide Communications Interoperability Plan (SCIP) — adopted by the Governor's Office on 11/26/07 and approved by U.S. Dept. of Homeland Security on 4/4/08, requires Texas public safety agencies to be fully "Project 25 standards -based shared systems" (P25) compliant by January 1, 2015, or risk losing federal and state grant funding. Funds are available from the Public Safety Interoperability Grant with the match from the Law Enforcement Trust Fund. 8. The City of Corpus Christi serves as the lead agency for the Public Safety Interoperability Grant. Through this grant, the purchase will enable the city of Port Aransas to bring all of their Public Safety personnel onto the 800 MHZ radio system. The purchase is for end user equipment, radios, dispatch consoles, and accessories. The internal interoperability as well as the regional connection will allow seamless communications to all other 800 MHZ radio users in the four coastal counties of Nueces, San Patricio, Kleberg and Aransas. Only user equipment is required to bring the City of Port Aransas into the Radio System. An emergency backup 800MHZ repeater is also listed to provide minimal voice communications in the event of a main system failure because of storm damage. The City of Port Aransas has already provided their 20% cash match. C. The Police Department will utilize the funds to upgrade the existing trunked radio system to meet the State of Texas mandated P -25 compliance. This purchase is for the Project 25 software and installation on 228 existing public safety radios. The summary of the Project 25 compliance purchases is listed below: Grant name Funding Match Status Description Port Security 2008 $ 161,250.00 $ 73,750.00 Completed Upgrade radios to 700 MHz PSIC Original $ 57,946.00 $ 19,316.00 8/24/2010 Upgrade Comm Van radios to 700 MHz PSIC Supplemental $ 400,000.00 $ 100,000.00 Completed In conjunction with Nextel Rebanding Project, will upgrade 1180 public safety radios to 700 MHz JAG - State $ 250,000.00 $ - Completed Upgrade radio switch to 700 MHz JAG - Local 820809 $ 41,374.75 $ - 40% complete Upgrade 100 radios to P25 compliance JAG - regular $ 128,317.00 $ - 8/24/2010 Upgrade 215 radios to P25 compliance Homeland Security - 2009 SHSP -LEAP $ 110,000.00 $ - approved Upgrade radios to P25 compliance Homeland Security - 2009 SHSP $ 221,575.00 $ - approved Upgrade radios to P25 compliance TOTAL $ 1,370,462.75 $ 193,066.00 To be in total compliance with all public safety radios, an estimated $250,000 is needed. We will continue to apply for grants to complete the project. Vendor: Contact: Dailey & Wells Communications, Inc. 3440 E. Houston St. San Antonia, Texas 78219 Haidar (CJ) Hijazi (210)893 -6504 CJ @DWComm.com Date: 7/22/2010 DAILEY:WELLS z R .. .,,_ 5 r ;r.4: 'e a =,; A N s -: r" „..;,..."4:,-,,,,,.. - _.. ,., ,U.° PROP .r Yni T_∎. ' .Air$ ,.. J...,,.m P- ?; IYM.. A ` ORS'; .131P PSIC 2007 -GS -H7 -0044 City A'Fio ._.9' r 4 a;r 4 'r '_.... v EN... J of Corpus Christi e i;JNITI? 1 ... eS ,,,44$9,1' ..:5 ' :1, . F13Fc'hr ,_. _ ; ; fin '„F - *--u� : f� Y rx;: - -.j --' L' -- 1.. 1 8 MAMW -SDMXX Mobile, M7300,764- 870MHz,Half Dplx,No Enc 5 1,885.00 $ :1020:00= 25% $ 11 ;190;00;: 0% $ 11,190,00. 2 8 MAMW -NPL3R Feature,Max(1024 +) System /Groups $ 001 $' : 0;08 25% 1$ ,- 0;08:; 0% $ "Os "08 3 8 MAMW -NPL7G Feature, EDACS Security Key $ 110.00 '$ 880 ;00 25% $ :1560.00 0% $ .:$60,00' $-!5;080;00, 4 8 MAMW -PKGPP Feature Package,P25 Trunking & ProVoicelEDACS $ 2,515.00 $- 20,120.00; 26% $ 15,090:40 0 °h 5 8 MAMW -NCP9G Control Unit,CH721,5can,FrontMount $ 685.00 $ 5,480 ;00 25% $ 4,14000 0% $ '4770100. 6 8 MAMW -NZN6W Accessories,M7300 Front Mount $ 235.00 5.. 1,660.00; 25% :$ 1,410,00. 0% $ q ;40D00. 7 8 MAMW -NMC7Z Microphone,Standard,CH721 Control Unit $ 80,00 $ 540;00' 25% $ 480100• 0% $ 480;00;1 6 8 MAMW -NAN3J Antenna ,700 /800MHz,3d8Galn,RoofMount $ 40.00 $:.' - ;`520.00•; 25% ? -$ 240.;06' 0% $ :- :240 :00" 9 1 MAMW -SDMXX Mobile,M7300,764- 870MHz,Half Dplx,No Enc $ 1,865.00 $:'. 1;$65,00. 25% .$ 1,`398.75.: 0% $ "_'1;393:75: 10 1 MAMW -NPL3R Feature,Max(1024 +4 System /Groups $ 0.01 •. $ ` - 0,01.' 25% . b ' :0:09: 0% $ T 0 01: 11 1 MAMW -NPL7G Feature, EDACS Security Key $ 11000 .$. ' 110:00.: 25% `:$ 82;50' 0% $ 82:50 12 1 MAMW -PKGPP Feature Package,P25 Trunking & ProVoiceIEDACS $ 2,515.00 $ 25100, 25% ;!$ .1,886,25 0% $ :t= ;865.25: 13 1 MAMW -NCP9E Control Unit,CH721,Scan,Remote Mount $ 720.00 . $ .. 720.00'' 25% 5 540,00 0% $ '::5!40;00 14 1 MAMW -NZN7R Accessories,M7300 Remote Mount $ 360.00 $' . - 360;00', 25 °A '_$ ” .270.00. 0% $ `270:00' 15 1 MAMW -NMC7Z Microphone,Standard,CH721 Control Unit $ 80.00 $" 80.00 25% . $ :.:60.00 0% $ 60.00.- 16 1 MAMW -NAN3J Antenna ,700 /800MHz,3d8Gain,RoofMount $ 40.00 5. 40:00. 25% ..$ = 30:00 0% $ = ,:30.00't 17 2 MAHG -SHMXX Mobile,M7100- 1P,136- 174M1z,50W $ 1,915.00 5 38400, 25% :;: =5 ,2,872:50' 0% '..r-.:.,202,5:0: $ ,`,422;56.- '_ 18 2 MAHG -PL3R Feature,800System /Groups $ 215,00 $' 430:00:•, 25% _$ .322.50, 0% 19 2 MAHG -PT Feature Set,P25 Trunking $ 1,885.00 5 :3:;770:00- 25% ;c$ 2;827.50: 0% 5,.:::'.2',527"..:517; 20 2 MAHG -CP7U Control Unit,Scan,Front Mount $ 475.00 $ 950,00_: 25% 1:$ 0912:50`' 0% $ '62:50' 21 2 MAHG -MC7T Microphone,Standard $ 80.00 '$ ' 160 ;00`: 25% •-$ -120:00. 0% $ :420'00- 22 2 MAHG -ZNSW Kit, Accessory, Front Mount,50W TX & Less $ 235.00 $ . s' 470:00:' 25% $ 35,..2 ,50: 0% 5 :.352:50' 23 2 MAHG -SHHXX Mabile,M7100- 1P,136- 174MHz,110W $ 2,230.00 5: :4460.00; 25% $ 3,345,00 0% $ 3,345:00 24 2 MAHG -PL3R Feature,800 System /Groups $ 215.00 5'. , ` .430:00 25% $ :322SD` 0% $ •°:;322:30: 25 2 MAHG -PT Feature Set,P25Trunking $ 1,885.00 S. '. 3770.00 °: 25% 5 2,827:50 OA $ 2 ;$2730? 26 2 MAHG -CP7W Control Unit,Scan,Remote Mount $ 510.00 '$ : 1 020;.00 25% .• $ :765.00'. 096 $ °'78$:00- 27 2 MAHG -MC7T Microphone,Standard $ 80.00 $ -' 16040: 25% ':4 12000, 0% $ .4200o 28 2 MAHG -ZNSY Kit,Accessory,Remote Mot nt,6OW TX & More $ 360.00 `$ 720;00- 25% ' $ ,:540 -00` 0% $ '540:00 >. 29 4 MAPT -T7HXX Portable,P7270,764.870MHz,System $ 2,520.00 5 "' 10,080:0.0; 25°% :'5 :1:;560:00 0 % $ 1;560 "00 30 4 MAPT -PL3R Feature,Max(1024 +) System /Groups $ 0.01 $ 004 25% .$ ;O D4' 0% $ ,9.04`' 31 4 MAPT -PL7G Feature, EDACS Security Key $ 110.00 $ .` 440.00: 25% .$ -.. .330:00; 0% :;93000.` 32 4 MAPT -PKGPP Feature Package, P25 Trunking & ProVoice / EDACS $ 2,515.00 5..10060.06 ` 25% ;5$ 17,545.00 0% ,5'..._.1;545.00. 33 4 MAPT -PA9P Battery,NiMH,Extra Hi Capacity,DR $ 100.00 $. ^ 400.00' 25% '$ 7;-.300.00 0% $ 300 o0 34 4 MAPT -NC5X Antenna,764- 870MHz,114 Wave Whip 5 40.00 $. 11.80.00_ 25% '`$ 420,00'; 0% $ ..;' 1201]00 : 35 4 MAPT -CH9E Charger,Single,Tri- Chemistry $ 130.00 $•" 520.00' 25% 5 390:00' 0% 5 ',391;00' 36 2 HT7170TH1X Portable ,P7170,136- 174MHz,System $ 1,860.00 $ . 3,72000' 25% :$ '2;790.001 0% $:-::2;790.00 37 2 1-ITPL3R Feature,S00System /Groups $ 215.00 $ :.. 430,00: 25% $ 422;50` 0% $ < 322.50: 38 2 HTPT Feature Set,P25 Trunking $ 1,885.00 $ - r 3,770:00.. 25% $ -'2,827:50' 0°% $ ':2 ;827310;'. 39 2 HTNCSW Antenna ,150- 174MHz,Wideband Helical <IS . $ 25.00 $ ' ' 50:00° 25% '$ 37.5O'. 0% $ ;:97.509 40 2 HTAE7A Microphone,Lapel<IS> $ 135.00 5 `270,00: 25% $ 202:50: 0% s5 202:50,° 41 2 HTHC7P Belt Clip,Metal <IS> $ 20.00 $ .- 40:00. 26% $ , '-30.00'' 0% $ ' '30,00 42 2 HTPA9P Battery,N1MH 2400 mAh,WDR $ 100.00 '$ 200.00. 26% ;$ ..150.00 0°% $ .;, - 150.00 43 2 HTCH9E Charger,Single,Tri - Chemistry $ 130.00 $. '.260.00 25% , $ . 13500 0% $ 2. : :;,195.00, 44 1 Shipping Shipping $ 155.00 5 15500 0% $ 15540 0% $ 1'55001 EQUIPMENT SUB TOTAL $ 75 53.0 13 S a v 3 qD Rt9 ....�Ys , .. � k 7 R�EP tAP}O #Rar s?t . f< ., � x ofHby rs tra ...t_ � r- �'- � - } � - ' L � t� . j Total Services» Total Material & Services $. -:;' : ?> <:_ ; 3 PR{ EC.T TOTAks . ' AICAS E SUB TOTAL »)* AWf.E,RIAL SUB TOTAL)» :VIrOtilii .$ 0$9M.� Js 3OJ.FOT TOTAL : GRAND TOTAL») I certify that, to my knowledge, the information contained herein is true and accurate Signature of Vendor Representative Richard Welts, President, July 22, 2010 Printed Name k , DAI EY WE .L.S DAILEY -WELLS COMMUNICATIONS, INC. 3440 E. Houston St., San Antonio, TX 78219 To: Port Aransas From: Ben Fregia - PH 361.548.4186 - FAX 210.893.6702 Date: 8/312010 PSIC radios Revision 4 /I-ern E h Kw4-4 .a^S Z 4f*53"y .. 1.., - - .. .3x' <. _ _Ktb .. - ... =z '`s Supervisory : Portables MAPT -T7HXX Portable,P7270,764- 870MHz,Sys C 8 $ 1,890.00 $ 15,120.00 MAPT -PL3R Feature,Max(1024 +) System/Groups N . 8 $ 0.01 $ 0.08 MAPT PV Feature Set,ProVoice Radio NB 8 $ 1,455.00 $ 11,640.00 MAPT -NPA2J Battery,Li- Ion,3200mAh N 16 $ 97.50 $ 1,560.00 MAPT -NC5X Antenna,764- 870MHz,1/4 Wave Whip N 8 $ 30.00 $ 240.00 MAPT -AE7A Microphone,Lapel N 8 $ 101.25 $ 810.00 MAPT -HC7R Case,Nylon,w Belt LooplSwivel,Black N 8 $ 60.00 $ 480.00 _MAPT NCH2G Charger ,Tri- Chemistry,Single,P7200 N 8 $ 97.50 $ 780.00 MAPT -HC7P BeltCllp,Metal N 20 $ 15.00 $ 300.00 Programming S 8 $ 50.00 $ 400.00 $ 3,74626 Patrol Portables MAHM -B7DXX Portable,P5250,EDACS,764- 870MHz C 30 $ 1,893.75 r $ 56,812.50 MAHM -NPA2J Battery,Li-lon,3200mAh N 60 $ 97.50 $ 5,850.00 $ 2,925.00 MAHM -NCH2J Charger, Tri- Chemistry,Single,P5100/P5200 N 30 $ 97.50 MAHM -NC5X Antenna,764- 870MHz,1/4 Wave Whip N 30 $ 30.00 $ 900.00 MAHM -AE7A Microphone,Lapel N 30 $ 101.25 $ 3,037.50 $ 1,800.00 MAHM -HC7R Case,Nylon,w Belt Loop/Swivel,Black N 30 $ 60.00 Programming S 30 $ 50.00 $ 1,500.00 $ 2,280,00 - Remote Mount Mobiles MAMW -SDMXX Mobile,M7300,764- 870MHz,Half Dpbc,No Eric C 20 $ 1,398.75 $ 27,975.00 MAMW-NPL3R Feature,Max(1024 +) System/Groups N 20 $ 0.01 $ 0.20 MAMW PKGED Feature Package, EDACS Trunking NB 20 $ 888.75 $ 17,775.00 MAMW-NCP9E Control Unit,CH721,Scan,Remote Mount N 20 $ 540.00 $ 10,800.00 $ 5,400.00 MAMW -NZN7R Accessories,M7300 Remote Mount N 20 $ 270.00 MAMW -NMC7Z Microphone,Standard,CH721 Control Unit N 20 $ 50.00 $ 1,200.00 64358 Noise Suppressor, 15 AMP V , 20 $ 35.00 $ 700.00 ATX B7643 3 dbi gain base loaded 5/8 wave V 20 $ 30.00 $ 600.00 NMO58UC 17' RGU cable, standard $ /4" hole mount, TNC connects V 20 $ 16.00 $ 320.00 Programming S 20 $ 50.00 $ 1,000.00 $ 3,500.00 Installation S 20 $ 175.00 $ 3,463.51 s 'ii�"~MrFti� w zz sy:A- �'J��k .. a- f�•"��- r�x�T't. Fire Supervisory Portables MAPT -T7HXX Portable,P7270,764- 870MHz,Sys C 3 $ 1,890.00 $ 5,670.00 MAPT -PL3R Feature,Max(1024 +) System/Groups N 3 $ 0.01 $ 0.03 MAPT -ED Feature Set,EDACS Radio NB 3 $ 888.75 $ 2,666.25 MAPT-NPA2J Battery,Li- Ion,3200mAh N 6 $ 97.50 $ 585.00 $ 90.00' MAPT -NCSX Antenna,764- 870MHz,1/4 Wave Whip N 3 $ 30.00 MAPT -AE7A Microphone,Lapel N 3 $ 101.25 $ 303.75 MAPT NCH2G C harg er,Tri-C he m istry, S ing le, P7200 N 3 $ 97.50 $ 292.50 MAPT-HC7P Belt CIip,Metal N 3 $ 15.00 $ 45.00 Programming S- 3 $ 50.00 $ 150.00 $ 3,120.01 Fire Portables MAHM -B7DXX Portable, P5250, EDACS ,764-870M Hz 0 19 $ 1,893.75 $ 35,981.25 MAHM -NPA2J ,Battery,Li- Ion,3200mAh N 38 $ 97.50 $ 3,705.00 MAHM -NCH2J Charger, Tri- Chemistry,Single,P5100/P5200 N _ 19 $ 97.50 $ 1,852.50 MAHM-NC5X Antenna,764- 870MHz,1/4 Wave Whip N 19 $ 30.00 $ 570.00 MAHM -AE7A Microphone,Lapel N 19 $ 101.25 $ 1,923.75 MAPT-HC7P Belt Clip, Metal N 19 $ 15.00 $ 285.00 Programming 5 19 $ 50.00 $ 950.00 $ 2,235.00 Fire Remote Mount Mobiles MAMW -SDMXX Mobile,M7300,764- 870MHz,Hatf Dpx,No Enc . C 10 $ 1,398.75 • $ 13,987.50 MAMW -NPL3R Feature2Maxf1024 +) System/Groups N 10 $ 0.01 $ 0.10 MAMW -PKGED Feature Package, EDACS Trunldng_,._.- ._._.......... NB 10 $ 888.75 $ 8,887.50 MAMW -NCP9E Control Unit,CH721,Scan,Remote Mount N 10 $ 540.00 $ 5,400.00 MAMW -NZN7R Accessories,M7300 Remote Mount N 10 $ 270.00 $ 2,700.00 MAMW -NMC7Z Microphone,Standard,CH721 Control Unit N 10 $ 60.00 $ 600.00 64358 Noise Suppressor, 15 AMP V 10 $ 35.00 $ 350.00 ATX -B7643 3 dbi gain base loaded 5/8 wave V 10 $ 30.00 $ 300.00 NMO58UC 17' RGU cable, standard %° hole mount, TNC connect V 10 $ 16.00 $ 160.00 Programming S 10 $ 50.00 $ 500.00 Installation S 10 $ 175.00 $ 1,750.00 $ 3,483.51 Fire Control Station MAMW - SDMXX Mobile,M7300,764- 870MHz,Hali Dplx,No Enc C 1 $ 1,398.75 $ 1,398.75 MAMW -NPL3R Feature, M ax(1024+ ) System/Groups N 1 $ 0.01 $ 0.01 MAMW -PKGED Feature Package, EDACS Trunking NB r 1 $ 888.75 $ 888.75 MAMW -NCP9G Control Unit, CH721,Scan, Front Mount N 1 $ 513.75 $ 513.75 MAMW-NZN6W Accessories,M7300 Front Mount N 1 $ 176.25 $ 176.25 CELSEA6A ANTENNA UNITY GAIN MARINE MOBILE V 1 $ 71.61 $ 71.61 N161F Adaptor mount, galvanized V 1 $ 71.00 $ 71.00 MAHK -NMC7Y MICROPHONE, DESKTOP, CH -721 CONTROL UNIT N 1 $ 97.50 $ 97.50 AST- RS -20A BLAC POWER SUPPLY,1201230VAC,50/80HZ,20A V 1 $ 125.00 $ 125.00 KEMAIL KIT, DESKTOP MOUNTING WEDGE N 1 $ 97.50 $ 97.50 Installation S 1 $ 350.00 $ 350.00 Programming S 1 $ 50.00 $ 50.00 $ 3,840.12 . B ��� ..,.. EMS Supervisory _,�,,,,;;., Portables MAPT -T7HXX Portable,P7270,764- 870MHz,Sys C 4 $ 1,890.00 $ 7,560.00 MAPT-PL3R Feature,Max(1024 +) System/Groups N 4 $ 0.01 $ 0.04 MAPT -ED Feature Set,EDACS Radio NB 4 $ 888.75 $ 3,555.00 MAPT -NPA2J Battery,Li- Ion,3200mAh N 8 $ 97.50 $ 780.00 MAPT NC5X Antenna,764- 870MHz,1/4 Wave Whip N 4 $ 30.00 $ 120.00 MAPT -AE7A Microphone,Lapel N 4 $ 101.25 $ 405.00 - MAPT -NCH2G Changer ,Tri- Chemistry,Single,P7200 N 4 $ 97.50 $ 390.00 MAPT -HC7P Belt Clip, Metal N 4 $ 15.00 $ 60.00 Programming 8 4 $ 50.00 $ 200.00 $ 3,120.01 EMS Portables MAHM -B7DXX Portable,P5250,EDACS,764- 870MHz C 9 $ 1,893.75 $ 17,043.75 MAHM -NPA2J Battery,Li- Ion,3200mAh N 18 $ 97.50 $ 1,755.00 MAHM -NCH2J Charger, Tri- Chemistry,Single,P51001P5200 N 9 $ 97.50 $ 877.50 MAHM -NC5X Antenna,764- 870MHz,1/4 Wave Whip N 9 $ 30.00 $ 270.00 MAHM -AE7A - Microphone,Lapel N 9 $ 101.25 $ 911.25 MAPT HC7P Belt CIip,Metal N 9 $ 15.00 $ 135.00 Programming S 9 $ 50.00 $ 450.00 $ 2,235.00 EMS Remote Mount Mobiles MAMW - SDMXX Mobile,M7300,764- 870MHz,HaIf Dpbc,No Enc C 3 $ 1,398.75 $ 4,196.25 MAMW-NPL3R Feature,MaxJ1024 +) System/Groups N 3 $ 0.01 $ 0.03 MAMW -PKGED Feature Package, EDACS Trunking NB 3 $ 888.75 $ 2,666.25 $ 1,620.00 MAMW -NCP9E Control Unit,CH721,Scan,Remote Mount N 3 $ 540.00 MAMW -NZN7R Accessories,M7300 Remote Mount N 3 $ 270.00 $ 810.00 MAMW -NMC7Z Microphone,Standard,CH721 Control Unit N 3 $ 60.00 $ 180.00 64358 Noise Suppressor, 15 AMP V 3 $ 35.00 $ 105.00 ATX -B7643 3 dbi gain base loaded 5/8 wave V 3 $ 30.00 $ 90.00 NMO58UC 17' RGU cable, standard'/" hole mount, TNC connect V 3 $ 16.00 $ 48.00 Programming S 3 $ 50.00 $ 150.00 Installation 5 3 $ 175.00 $ 525.00 $ 3,463.51 EMS Control Station - MAMW -SDMXX Mobile1M7300 ,764- 870MHz,HaIf Dplx,No Enc C 1 $ 1,398.75 $ 1,398.75 MAMW -NPL3R Feature,Max(1024 +) System/Groups N 1 $ 0.01 $ 0.01 MAMW -PKGED Feature Package, EDACS Trunking NB ^ 1 $ 888.75 $ 888.75 MAMW -NCP9G - Control Unit,CH721,Scan,Front Mount N 1 $ 513.75 $ 513.75 MAMW -NZN6W Accessories,M7300 Front Mount N 1 $ 176.25 $ 178.25 CELSEA6A ANTENNA UNITY GAIN MARINE MOBILE V 1 $ 71.61 $ 71.61 N161F Adaptor mount, galvanized V 1 $ 71.00 $ 71.00 93576 Tessco-Control Head Power Supplies (PD, EMS) V 4 $ 84.00 $ 336.00 MAMV -NZN7C Control Unit,2-6,CH-721 Scn w/Instl Hdwr N 5 $ 836.25 $ 4,181.25 $ 300.00 MAMW NMC7Z Microphone,Standard,CH721 Control Unit N 5 $ 60.00 MACDOS0006 -NR( Cable,CAN,Straight-Right Angle,90 ft N 5 $ 198.75 $ 993.75 MAHK -NMC7Y MICROPHONE, DESKTOP, CH -721 CONTROL UNIT N 1 $ 97.50 $ 97.50 AST- RS -20A BLAC POWER SUPPLY,120/230VAC,50/60HZ,20A V 1 $ 125.00 $ 125.00 $ 97.50+ KEMAIL KIT,DESKTOP MOUNTING WEDGE N 1 $ 97.50 Installation 8 1 $ 375.00 $ 375.00 Programming 5 1 $ 50.00 $ 50.00 $ 5,044.12 No radios at this time No radios at this time B EXTENDED TOTAL $ 360,291.92 BtJ DGET $ 373,615.00 Centronics $ (8,500.00) $ 365,115.00 No radios at this time Front Mount MAMW -SDMXX Mobile, M7300,764-870M Hz, H a If Dplx C 5 $ 1,398.75 $ 6,993.75 MAMW-NPL3R Feature,Max(1024 +) System/Groups N 5 $ 0.01 $ 0.05 MAMW -PKGED Feature Package,EDACS Trunking NB 5 $ 888.75 $ 4,443.75 MAMW-NCP9G Control Unit,CH721,Scan,Front Mount N 5 $ 513.75 $ 2,568.75 MAMW -NZN6W Accessories,M7300 Front Mount N 5 $ 176.25 $ 881.25 MAMW -NMC7Z Microphone,Standard,CH721 Control Unit N 5 $ 60.00 $ 300.00 MAMV -NZN7C Control Unit,2 -6,CH 721 Scn w /Intl Hdwr N 5 $ 836.25 $ 4,181.25 MACDOS0006 -NR( Cable,CAN,Straight -Right Angle,90 ft N 5 $ 198.75 $ 993.75 Programming 5 5 $ 50.00 $ 250.00 $ 4,122.51 _ Front Mount MAMW -SDMXX Mobile,M7300,764- 870MHz,Half Dplx,No Enc C 2 $ 1,398.75 $ 2,797.50 MAMW -NPL3R Feature,Max(1024 +) System/Groups N 2 $ 0.01 $ 0.02 MAMW PKGED Feature Package, EDACS Trunking NB 2 $ 888.75 $ 1,777.50 MAMW -NCP9G Control Unit,CH721,Scan,Front Mount N 2 $ 513.75 $ 1,027.50 MAMW -NZN6W Accessories,M7300 Front Mount N 2 $ 176.25 $ 352.50 CELSEA6A ANTENNA UNITY GAIN MARINE MOBILE V 1 $ 71.61 $ 71.61 N161F Adaptor mount, galvanized V 1 $ 71.00 $ 71.00 MAHK -NMC7Y MICROPHONE, DESKTOP, CH -721 CONTROL UNIT' N 2 $ 97.50 $ 195.00 AST- RS -20A BLAC POWER SUPPLY,120/230VAC,50/60HZ,20A V 1 $ 125.00 $ 125.00 KEMAIL KIT,DESKTOP MOUNTING WEDGE N 2 $ 97.50 $ 195.00 Programming S 2 $ 50.00 $ 100.00 $ 3,440.12 Additional Accessories MAPT -NCH2F Charger, 6 -bay, Li -Ion N 5 $ 596.25 $ 2,981.25 CA- 009562 -006 Cable Assembly, CAN, 8 FT Straight-Right N 1 $ 33.75 $ 33.75 MAPT -NPA2J Battery,LI-lon,3200mAh N 16 $ 97.50 $ 1,560.00 $ 350.00 64358 Noise Suppressor, 15 AMP V 10 $ 35.00 ATX -B7643 3 dbi gain base loaded 5/8 wave V 10 $ 30.00 $ 300.00 NMO58UC 17' RGU cable, standard ." hole mount, TNC connects V 10 $ . 16.00 $ 160.00 MAPT -AE7A Microphone,Lapel N 10 $ 101.25 $ 1,012.50 MAH2 VC4PA Charger ,VC4000,P7100 /7200 /5100/5200 _ N 10 $ 11250 $ 1,125.00 MAH2-NPS9X Power Adapter Kit,VC4000 Charger N 10 $ 26.25 $ 262.50 LMR -400 FOAM POLYETHYLENE, BRAIDED, COAXIAL CABL V 400 $ 0.93 $ 372.00 ATX- CN-400 Antenex CN-400 V 6 $ 8.00 $ 48.00 ATX- CNF400 Antenex CNF400 V 6 $ 10.00 $ 60.00 DS8AIOF36U -N 10 DBD GAIN, OMNIDIRECTIONAL, N(F), VERTICAL V 1 $ 2,002.02 $ 2,002.02 Shipping/Handling 8 115 $ 10.00 $ 1,150.00 EXTENDED TOTAL $ 360,291.92 BtJ DGET $ 373,615.00 Centronics $ (8,500.00) $ 365,115.00 l A1LE'L- WELLS:' DAILEY -WELLS COMMUNICATIONS, INC. 3440 E. Houston St, San Antonio, TX 78219 To: City of Corpus Christi - Don Nattinger From: Ben Fregia - Ph 1.888.311.9831 - Fax 210.893.6702 Date: 8/6/2010 EDACS to P25T EXTENDED TOTAL $ 128,317.00 1 Pricing Is Dailey -Wells confidential Price valid for 60 days from the date above Terms: Net 30 Days MAYR -NP7AT EDACS to Project 25 software N 228 $ 525.00 $ 119,700.00 Labor EDACS to Project 25 software installation S lot $ 8,617.00 $ 8,617.00 EXTENDED TOTAL $ 128,317.00 1 Pricing Is Dailey -Wells confidential Price valid for 60 days from the date above Terms: Net 30 Days J 3 AGENDA MEMORANDUM City Council Action Date: August 24, 2010 AGENDA ITEM: ITEM A: AUTHORIZING THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT TO EXECUTE INTERLOCAL COOPERATION AGREEMENTS WITH LOCAL INDEPENDENT SCHOOL DISTRICTS FOR THE IMPLEMENTATION OF TACTICAL PLANS FOR RESPONDING TO AN ACT OF BIOTERRORISM. ISSUE: The Centers for Disease Control, through the Texas Department of State Health Services, requires cities, counties, and public health districts to have emergency plans in place in the event of a bioterrorism incident. REQUIRED COUNCIL ACTION: Acceptance of the resolution. PREVIOUS COUNCIL ACTION: None FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution presented. Annette Rodriguez, M. ,H. Director of Public Health annetterccctexas.com 361-826-7205 BACKGROUND INFORMATION Since the events of September 11, 2001', issues relating to homeland security have occupied the forefront of emergency planning. The United States Centers for Disease Control and Prevention, through the State of Texas, requires cities, counties, and public health districts to have emergency plans in place in the event of a bioterrorism incident. Corpus Christi - Nueces County Public Health District has coordinated with school districts in Nueces County that would serve as Points of Dispensing (POD) Sites to provide prophylaxis or vaccinations to the community in a disaster situation, natural or man -made, including a biological release. The POD sites are placed at schools. The memorandum of agreements states responsibilities of both the Health District and the school staff of each independent school district. A RESOLUTION AUTHORIZING THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT TO EXECUTE INTERLOCAL COOPERATION AGREEMENTS WITH LOCAL INDEPENDENT SCHOOL DISTRICTS FOR THE IMPLEMENTATION OF TACTICAL PLANS FOR RESPONDING TO AN ACT OF BIOTERRORISM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Director of the Corpus Christi - Nueces County Public Health District is authorized to execute interlocal cooperation agreements with independent school districts located within Nueces County for the implementation of tactical plans for responding to an act of bioterrorism. ATTEST: Armando Chapa City Secretary APPROVED: August 5, 2010 / /i Eliza` R. Hundley Assi - nt City Attorney for the City Attorney EHres271 _29_ 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 EHres27l —30— 4 AGENDA MEMORANDUM AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $76,658 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $76,658 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $76,658 to provide funding for the elimination and control of tuberculosis. These funds will provide services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from September 1, 2010 through August 31, 2011. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is not match funding. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annelte Rodriguez, M.P.H. Director of Public Health a n nette ra cctexas. com 361-826-/z05 BACKGROUND INFORMATION Department of State Health Services has supported the Health District TB program through grant funding for many years. The purpose of this funding is to provide services to prevent, treat, and control tuberculosis. The grant provides support for staff salaries, clinic supplies, contractual and travel for the provision of radiological services to TB clients. The TB Program serviced 15,436 patients in FY09 -10. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $76,658 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. 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 of $76,658 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. ATTEST: Armando Chapa City Secretary APPROVED: August 9, 2010 grid Eliza •/ R. Hundley Assis = nt City Attorney for the City Attorney EHres273 —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 EHres273 —36— AN ORDINANCE APPROPRIATING A GRANT OF $76,658 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES; 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 $76,658 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. 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: August 9, 2010 E. OW Eliz - -h R. Hundle Ass '' t City Attorney for the City Attorney Eiiord309 —37— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2090 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 EHord3O9 —38— 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 24, 2010 Motion approving a change in scope of work for the Amistad Community Health Center's FY 2008 Community Development Block Grant project located at 1533 S. Brownlee and authorizing the City Manager or the City Manager's designee to execute all related documents. ISSUE: Amending a change of scope of work requires City Council approval. PREVIOUS COUNCIL ACTION: The City Council adopted the FY2008 Consolidated Annual Action Plan on April 1.5, 2008 which included the project approval for the Amistad Community Health Center. REQUIRED COUNCIL ACTION: Approval of the change in a scope of work for the Amistad Community Health Center's FY 2008 Community Development Block Grant project. CONCLUSION AND RECOMMENDATION: Recommend amending the scope of work for the Amistad Community Health Center's FY 2008 Community Development Block Grant project located at 1533 S. Brownlee. Eddie Ortega Neighborhood Services Director Eddieoc cctexas.com 361.826.3234 BACKGROUND INFORMATION Original Scone of Work Amistad Community Health Center was to renovate a portion of the first floor space of the building located at 1533 S. Brownlee to accommodate for pharmacy and dental spaces. The scope of work was to develop the pharmacy and accommodate exam and treatment spaces for dental. When the original Community Development Block Grant request for proposal was submitted, Amistad Community Health Center had planned to renovate a section of the facility near their dental program. Due to financial constraints, Amistad Community Health Center closed the dental program in June 2009, and has been concentrating on enhancing their primary health care program. Proposed Scope of Work Amistad Community Health Center is requesting to amend the scope of work to renovate an unused section of the facility for a Pediatric Clinic. Amistad Community Health Center is also proposing to combine a $325,635 grant from the Health Resources and Services Administration under the American Recovery and Reinvestment Act of 2009. The renovation will add seven (7) exam rooms, a nurse's station, triage area and an office for the pediatrician and residents. In addition, the reception area, a break room and restroom facilities will be renovated. Staff recommends approving the change in the scope of work for the Amistad Community Health Center's FY 2008 Community Development Block Grant project located at 1533 S. Brownlee. CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND AMISTAD COMMUNITY HEALTH CENTER THE STATE OF TEXAS § § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This agreement ("Agreement ") is made and entered into between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ( "City Manager "), and Amistad Community Health Center, Incorporated ( "Subrecipient "), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, the City has allocated One Hundred Thousand Dollars ($100,000) from the FY2008 -2009 Community Development Block Grant ( "CDBG ") Program for building improvements at 1533 Brownlee Street, in the City of Corpus Christi, Nueces County, Texas ( "Facilities "); WHEREAS, the City desires that safe Facilities be provided for low and moderate income individuals; WHEREAS, the Subrecipient desires to provide Facilities to low and moderate income individuals within the City of Corpus Christi in conformity with 24 CFR 570.208, as amended; and WHEREAS, the City wishes to encourage the services provided by the Subrecipient, there being a genuine need for these services and for appropriate Facilities to provide such services in the City of Corpus Christi. NOW, THEREFORE, the City and the Subrecipient agree as follows: SECTION 1. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS. 1.1 Scope of Work. The Subrecipient shall complete the work outlined in the funding • proposal that was submitted and approved by the City's City Council for FY2008 -2009, subject to any subsequent amendments to the proposal that may be approved by the City, such proposal being incorporated into this Agreement by reference as if fully set out in this Agreement. The Subrecipient, through its contractors and subcontractors, shall make improvements, to wit: renovation of the facility by adding seven (7) exam rooms, a nurse's station, a triage area, and an office for a pediatrician, as well as renovating an existing reception area, break room and restroom by May 31, 2011 ( "Improvements "). The Improvements will be located on real property owned by the Subrecipient and located at 1533 Brownlee Street, in Corpus Christi, Nueces County, Texas. For the purposes of this Agreement, the term "Facilities" collectively includes all of the afore - mentioned real properties and any improvements existing thereon as of the date of the Subrecipient's execution of this Agreement and includes, where appropriate —43— and in context, the proposed Improvements to be constructed with the funding provided under this Agreement. All Improvements must be constructed in accordance with the plans and specifications ( "Plans ") prepared by the Subrecipient's registered architect or licensed professional engineer retained pursuant to subsection 7.3. No construction may commence until the Plans are approved by the Administrator or the Administrator's designee ( "Administrator ") of the City's Community Development Division ( "CDD ") and by the City's Development Services Department ( "Development Services "). 1.2 Subrecipient Matching Funds Requirement. The Subrecipient shall provide zero dollars ($0,00) in matching funds for the construction of the Improvements to the Facilities. If the Subrecipient is required under this Agreement to meet a matching funds requirement and fails to meet any portion of the requirement, the .Subrecipient's allocation will not be disbursed, but is automatically forfeited and reverts to the City for inclusion in future CDBG Programs. 1.3 Budget and Construction Schedule. The Subrecipient has provided an esti- mated project budget and project construction schedule ( "Project Budget and Con - truction Schedule ") based upon the proposed Improvements listed above and as are described within this Agreement, which Project Budget and Construction Schedule is at- tached to this Agreement as Exhibit A and is incorporated into this Agreement by reference. Ten days prior to the award of any construction contract or subcontractor construction contract pursuant to this Agreement, the Subrecipient shall provide a finalized budget, which must include a schedule of the detailed costs of construction, and a schedule of construction completion dates, which must include a detailed completion schedule for the various aspects of construction for Improvements to the Facilities, which document(s) will then be substituted for the then existing Exhibit A and become Exhibit A of this Agreement for all purposes under this Agreement. 1.4 Contents of Finalized Budget and Construction Schedule(s). The finalized budget must include line -item costs for each item referenced in subsection 1.1 of this Agreement. The finalized budget must provide a detailed presentation of projected resources and expenses. The finalized construction schedule for Improvements must reflect the anticipated timeline for the completion of construction stages for each of the Improvements set out in subsection 1.1 of this Agreement, including, but not limited to, dates for the retention of a registered architect or licensed professional engineer, com- pletion of Plans, completion of conditions precedent to construction, commencement of construction, completion of construction phases, and expected final completion date of the Improvements. 1.5 Requests for Payment. (A) All requests for payment made pursuant to this Agreement must be submitted to the Administrator. (B) Progress payments for the Improvements will be made based upon the finalized budget and construction schedule and the submittal and approval of appropriate documentation of the work completed, including, without limitation, fully itemized American Institute of Architects ('AIA ") forms. Amistad FY0809 Agmt 20100717 Page 2 of 15 -44- (C) No progress payments will be made without certification by the registered architect or licensed professional engineer that the phase to which the payment applies has been substantially completed nor will any progress payment be made without an inspection by staff of CDD and Development Services and approval by the Administrator and Development Services staff affirming that the work has been completed. (D) The Administrator may require that the Subrecipient provide a down date waiver and a subordination of mechanic's lien claims prior to any payment. (E) All payments will be adjusted according to the actual construction cost and the matching funds requirement, if any, and in no event may any payment exceed the stated amount of this Agreement. All requests for payments, excluding acquisition of property, will be prorated to reflect the Subrecipient's share of costs as per the approved finalized budget. 1.6 Approval of Finalized Budget and Construction Schedule(s). Construction of Improvements to the Facilities may not commence prior to the Administrator's approval of the finalized budget and construction schedule required under subsection 1.4 of this Agreement. The City will not reimburse any construction costs incurred by the Subre- cipient prior to the approval of the finalized budget and construction schedule(s), except for professional services as may be allowed in the Administrator's discretion. 1.7 Periodic Performances Reports. The Subrecipient shall submit periodic perfor- mance reports to the Administrator that recite progress for the period and advising of any problems encountered. A performance report must be provided with each request for payment. SECTION 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS AND OTHER PROGRAM REQUIREMENTS. 2.1 Construction and Operations Records. The Subrecipient shall provide access to all original records, reports, and audits including, without limitation, all agreements and appraisals for the Facilities; invoices; payment and payroll records; bank records; plans and specifications for the Facilities; Plans written and drawn pursuant to this Agree- ment; change orders; contracts between the Subrecipient and its contractor(s), between contractor(s) and their subcontractor(s), and between the Subrecipient and its regis- tered architect(s) or licensed professional engineer(s); communications and correspon- dence with regard to any contracts and subcontracts pertaining to this Agreement; affi- davits executed pursuant to this Agreement; documentation of clientele being benefited by the Facilities (i.e., number of persons being served, etc.) and the activity being carried out in the Facilities which pertains to the construction or operation of the Facilities; and all written obligations pursuant to this Agreement, including, but not limited to, all information on matching funds required under this Agreement, if any, during regular business hours for any purposes of the City, the United States Depart- ment of Housing and Urban Development ( "HUD "), or both, to conduct audits and monitoring. 2.2 Equal Participation Documentation. The Subrecipient shall keep and provide ac- cess to records documenting compliance with Section 109 of the Housing and Commu- Amistad FY0809 Agmt 20100717 Page 3 of 15 —45— nity Development Act of 1974 [42 United States Code ( "U.S.C. ") §5309], as amended, which requires that no person shall, on the ground of race, color, national origin, reli- gion, or sex, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the Act. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended, or with respect to an otherwise qualified disabled individual, as provided in 29 U.S.C. §794, as amended, also applies to this Agreement. 2.3 Information and Reports. The Subrecipient shall provide any information, reports, data, and forms pertinent to this Agreement as the Administrator or staff of CDD may, from time to time, request for the proper administration of this Agreement. The Sub- recipient shall adhere and comply with the reporting requirements mandated for the Performance Measurement System, administered by the City, as a condition of receiving funds under this Agreement. 2.4 OMB Circulars A -110, A -122, and A -133. The Subrecipient shall comply with the requirements and standards of United States' Office of Management and Budget ( "OMB ") Circulars A -110, A -122, and A -133, as each may be amended. 2.5 Compliance Documentation. The Subrecipient shall keep and provide access to records documenting compliance with the rules and regulations contained in Title 24, Chapter 570, et. seq., of the Code of Federal Regulations ( "CFR "), including, but not limited to, Subpart K, Sections 570.603, Labor Standards; 570.607, Employment and Contracting Opportunities; 570.608, Lead -Based Paint; 570.609, Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients; 570.610, Uniform Administrative Requirements and Cost Principles; and 570.611, Conflict of Interest. If there is a con- flict of interest with any employee, agent, consultant, officer, or member of the Board of Directors of the Subrecipient, the person with the conflict and the nature of the conflict must be identified, by name and title, and submitted to the Administrator prior to any costs being incurred at, in, or on the Facilities with respect to construction of the Improvements. 2.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli- cable Federal Equal Employment Opportunity regulations, including, but not limited to, Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop- ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli- ance with the aforementioned laws and regulations in all contracts the Subrecipient enters into with respect to construction of the Improvements. 2.7 Request for Bids /Proposals. The Subrecipient shall comply with requirements of OMB Circular A -110, as amended, and all State and local procurement requirements with regard to solicitation of bids and proposals for construction of the Improvements to the Facilities, if applicable, and shall provide such records to representatives of HUD, the City Manager, or the Administrator upon request. 2.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49 CFR Part 24, Subpart B, as amended, and all State and local acquisition require- Amistad FY0809 Agmt 20100717 Page 4 of 15 —46— ments with regard to acquisition of property, if applicable, and shall provide such records to representatives of HUD, the City Manager, or the Administrator upon request. 2.9 Disabled and Handicapped Accessibility. The Subrecipient shall comply with the Americans with Disabilities Act of 1990, as amended, and with the rules and regu- lations published in 28 CFR Part 36, as amended, and all State and local requirements regarding disabled accessibility. 2.10 Religious Organizations. The Subrecipient shall comply with requirements re- garding religious organizations, as set forth in 24 CFR 570.200(j), as amended. SECTION 3. SUSPENSION AND TERMINATION. 3.1 Application of 24 CFR 85.43. The City may suspend or terminate this Agreement in accordance with 24 CFR 85.43, as amended, if the Subrecipient materially fails to comply with any term of the CDBG Program award or this Agreement. 3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44, as amended. 3.3 Remedies for Non - compliance. Pursuant to the provisions cited in Section 3 of this Agreement, to Federal rules and regulations applicable to the Subrecipient, and to HUD guidelines, if any deficiencies are discerned by or through monitoring of this Agreement, the Administrator may either temporarily withhold cash payments pending correction of the deficiencies, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award, withhold further awards, or take any other remedies that may be legally available. 3.4 Termination Notice. Either party may terminate this Agreement, during the term of this Agreement, as of the last day of any month upon thirty (30) days prior written no- tice. The party terminating this Agreement must comply with subsections 3.1 and 3.2 of this Agreement and all other provisions of this Agreement providing responsibilities in the event of termination. 3.5 Termination. Upon a termination of this Agreement, the Subrecipient agrees to refund to the City all CDBG Program funds expended on construction of the Facilities and Improvements. If the Subrecipient cannot refund all such money within thirty (30) days of the termination notice, the City may take whatever action is necessary to reimburse the City as set out in 24 CFR 85.43 and 85.44, as each may be amended. Notwith- standing this provision, the Reversion of CDBG Funds provision, set out in Section 4 of this Agreement, also applies to the Subrecipient's CDBG Program funds on hand, accounts receivable, and real property under the Subrecipient's control. SECTION 4. REVERSION OF CDBG FUNDS. 4.1 Facilities and Improvements Use to Meet National Objective and Same Business Purpose. The Subrecipient's Facilities and all Improvements must be used to meet one of the national objectives set forth in 24 CFR 570.208, as amended, during the term of this Agreement and for five years following the date of final completion of the Amistad FY0809 Agmt 20100717 Page 5 of 15 —47— construction of the improvements or five years following the date of the last disburse- ment of CDBG funds under this Agreement, whichever is longer. In addition, the Subre- cipient shall use the Facilities and all Improvements for the same business purpose as that which existed on the date of the Subrecipient's execution of this Agreement for a period of five (5) years following the date of final completion of the construction of the Improvements or following the date of the last disbursement of CDBG funds under this Agreement, whichever is longer. 4.2 Facilities and Improvements Not Used to Meet National Objective and Same Business Purpose. In the event that the Subrecipient's Facilities or any Improvements are not used to meet one of the national objectives or the same business purpose for the length of time specified in subsection 4.1 of this Agreement, then the Subrecipient shall reimburse the City for the CDBG funds received by the Subrecipient as follows: (A) Failure to meet national objective: The Subrecipient must reimburse the total award of CDBG funds received under this Agreement. (B) Failure to use Facilities or any Improvements for same business purpose: Prorated reimbursement as a fractional amount, the numerator being the number of months that the Subrecipient's Facilities or any Improvements failed to be used for the same business purpose as that which existed on the date of the Subrecipient's execution of this Agreement and the denominator being 60, multiplied by the total amount of CDBG funds received by the Subrecipient under this Agreement. 4.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 4.2 of this Agreement, or another remedy provision set out in this Agreement, does not bar the application and use of any other remedy allowed by law or that may be enforced by the City pursuant to 24 CFR 570.503, as amended. SECTION 5. PROGRAM INCOME. 5.1 Disposition of Program Income.. Program income received by the Subrecipient as a result of this Agreement, if any, may be retained by the Subrecipient. Any such program income must be used to operate public facilities to provide services to low and moderate income individuals and individuals with disabilities within the City of Corpus Christi and throughout the community served by the Subrecipient in conformity with 24 CFR 570.208, as amended. The Subrecipient shall report program income to the City annually, during the term of this Agreement, not later than August 31 for the previous year ending July 31. 5.2 Accounting for Program Income. The Subrecipient shall comply with OMB Circular A -110, as amended, with reference to program income, if applicable. SECTION 6. INSURANCE AND INDEMNITY PROVISIONS. 6.1 Insurance. The Subrecipient shall have in force, throughout the term of this Agree- ment, insurance that complies with the standards in Exhibit B, a copy of which is at- tached to this Agreement and is incorporated in this Agreement by reference. A certifi- cate to that effect must be provided to the City's Risk Manager ( "Risk Manager ") and Amistad FY0809 Agmt 20100717 Page 6 of 15 -48- the Administrator at least ten (10) days prior to any construction. Failure to maintain any of the types and limits of the insurance required by Exhibit B is cause for the City to terminate this Agreement and cancel any and all reimbursements of CDBG funds to the Subrecipient. 6.2 Notice to City. The Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days advance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. Failure to maintain such insurance will be cause for the City to take control of the Facilities and all Improvements, cancel any claim that the Subrecipient may have to the use of the Facilities and Improvements, and cancel any and all reimbursements of CDBG funds to the Subrecipient. 6.3 Right to Re- evaluation and Adjustment of Limits. The Risk Manager retains the right to re- evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to the Subrecipient. Insurance types and limits may not be adjusted more frequently than once per year. 6.4 Indemnification. (A) The Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents (" lndemnitees'), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Facilities being improved or used pursuant to this Agreement, or when any such injury or damage is the result, proximate or re- mote, wholly or in part, of the violation by Indemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or dam- age may in any other way arise from or out of the Improvements being constructed at the Facilities or out of the use or occupancy of the Improvements to the Facilities or the Facilities itself by Indemnitees, the Subrecipient, or any of its agents, servants, Amistad FY0809 Agmt 20100717 Page 7 of 15 —49— employees, contractors, patrons, guests, licensees, or invitees, and including, without limitation, any damages or costs which may occur as a result of the design of the Improvements to the Facilities, the bid -ding process, actual construction of the Improvements to the Facility, administration of the construction contracts by the City or its designee, failure of the Improvements to the Facilities prior to the completion and acceptance of the Improvements by the City and the Subrecipient jointly, failure of the Improvements to the Facilities to work as designed, failure of any contractor, subcontractor, or manufacturer to honor its warranties, or failure of the Subrecipient to maintain the Improvements to the Facilities or the Facilities itself. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the sole negligence, contributory negligence, or con- current negligence of lndemnitees, but not if such damage or in- jury may result from the gross negligence or willful misconduct of Indemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient relating to this Agreement and the Improvements to the Facilities contemplated under this Agreement, the Subrecipient shall, upon receipt of reasonable notice and at its own expense, investigate all claims and demands, attend to their settlement or other disposi- tion, defend the City in all actions based thereon with legal coun- sel satisfactory to the City Attorney, and pay all charges of at- torneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. (D) The provisions of this section survive the termination or expiration of this Agreement. SECTION 7. SUBRECIPIENT'S REQUIREMENTS. 7.1 Pre - contracting and Pre - construction Conference. The Subrecipient has attended a pre - contracting conference with City representatives. The Subrecipient and all of its identified contractors and subcontractors must attend a pre - construction conference with City representatives. Failure to do so may result in the Subrecipient being ineligible to receive the CDBG funds awarded and allocated to the Subrecipient under this Agreement. Amistad FY0809 Agmt 20100717 Page 8 of 15 —50— 7.2 Pledged Contribution. The Subrecipient shall provide any additional funds needed for the completion of the Improvements. The Subrecipient shall provide can- celed checks or other proof as may be required by the Administrator as proof of the contribution. 7.3 Prepare Plans and Specifications. The Subrecipient shall retain a registered architect or licensed professional engineer in accordance with OMB Circular A -110, as amended, to prepare the Plans and to inspect all Improvements to ensure conformity with final plans and specifications submitted to the Administrator. 7.4 Professional Services. The Subrecipient shall retain professional services and all necessary contractors for construction of the Improvements in accordance with OMB Circular A -110, as amended, and construct Improvements to the Facilities in accordance with final plans and specifications and the schedule submitted to CDD as set out in subsections 1.1 and 1.3 of this Agreement, The Board of Directors of the Subrecipient shall ensure that professional services, relating to the construction of the Improvements, are retained and that the construction of the Improvements is supervised. 7.5 Change Order Procedure. A change order procedure must be instituted to make changes in the Plans or specifications or to decrease or increase the quantity of work to be performed or materials, equipment, or supplies to be furnished for the Improvements to the Facilities. The Subrecipient shall submit all change orders to the Administrator for approval prior to the change order becoming effective. Any money expended by the Subrecipient pursuant to a change order and prior to submittal *and approval of such change order is not reimbursable, and the Subrecipient shall bear all such costs associated with unapproved changes. 7.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff and administrative support to supervise the construction of the Improvements to the Facilities. 7.7 Use of Funds. The Subrecipient covenants that all CDBG funds expended under this Agreement will be used solely for the activities described in this Agreement. The Subrecipient shall reimburse the City for all funds expended for activities not related to the purpose and activities described in this Agreement or that violate Federal or State laws. 7.8 Accounting and Audit. The Subrecipient shall record financial transactions ac- cording to approved accounting procedures and provide an independent audit of the expenditures in accordance with OMB Circular A -133, as amended. Such audit must be completed within ninety (90) days after the Improvements to the Facilities were com- pleted. A copy of the audit must be provided to the City within thirty (30) days of com- pletion of the audit. If the audit shows discrepancies between amounts charged the Subrecipient and amounts reimbursed to the Subrecipient by the City, a resolution of the discrepancies must be made within sixty (60) days from receipt of the audit by the City. If the Subrecipient owes the City money in resolution of the discrepancies, the money must be paid within ninety (90) days from receipt of the audit by the City or the Subrecipient is in default pursuant to this Agreement. Amistad FY0809 Agmt 20100717 Page 9 of 15 -51- 7.9 Completion Date of Construction. The Subrecipient shalt complete construction of the Improvements to the Facilities in accordance with the approved Plans and Specifications by May 31, 2011. If the Subrecipient is rendered unable to carry out the terms of this subsection, the Subrecipient shall promptly give the City written notice of such delay together with reasonable particulars concerning it. The Administrator may extend the construction time schedule for such time as may be deemed necessary and justified, provided, however, that the extension of the construction time schedule does not exceed the term of this Agreement. (An extension of the term is addressed in Section 9.) SECTION 8. CITY'S REQUIREMENTS. 8.1 Committment of Funding for Improvements of Facilities. The City shall provide the Subrecipient up to One Hundred Thousand Dollars ($100,000) from the City's FY2008 -2009 CDBG Program for Improvements to the Facilities as described in Section 1 of this Agreement and in accordance with the accepted bid, budget, and construction schedules made a part of this Agreement, subject to the Subrecipient's compliance with the provisions of this Agreement. 8.2 Additional Funds. Nothing in this Agreement may be construed as requiring the City to provide additional construction funds to the Subrecipient at any time in the future. SECTION 9. GENERAL PROVISIONS. 9.1 Term. This Agreement terminates June 30, 2011. Extensions to the term of this Agreement may be requested by the Subrecipient and approved by the City Manager. However, the Subrecipient is bound by all covenants, terms, and conditions of this Agreement including, without limitation, recordkeeping, for a period of six (6) years com- mencing on the date of the Subrecipient's execution of this Agreement, unless a specific bound period is shorter or longer as may be stated in this Agreement. 9.2 Objective. The Subrecipient shall operate the Facilities and the Improvements to further the primary objective of the Housing & Community Development Act as outlined in 24 CFR 570.200 and 570.208, as each may be amended, and will improve the Facil- ity by February 1, 2011, and provide programs to help low and moderate income indivi- duals improve the quality of their lives and at all times in accordance with HUD's Com- munity Development Block Grant regulations and guidelines and all local, State, and Federal requirements and laws. 9.3 Licensing. The Subrecipient shall obtain and maintain any certificates and licen- ses that are required of the Subrecipient, the Facilities, and the programs offered at, on, or in the Facilities by the United States, the State of Texas, the City, and any other agencies having regulatory jurisdiction over the Facilities and the Subrecipient. 9.4 Maintenance. The Subrecipient shall furnish all maintenance to the Facilities and Improvements as necessary to maintain the Facilities and Improvements in good repair. 9.5 Default. In the event the Subrecipient ceases to operate the Facilities in accordance with the terms of this Agreement or commits any other default in the terms Amistad FY0809 Agmt 20100717 Page 10 of 15 —52— of this Agreement, the City is herein specifically authorized to demand reimbursement of the CDBG funds paid to the Subrecipient and, in the event the City is not promptly repaid, to take possession of the Facilities and all Improvements without recourse and to dispose of such Facilities and Improvements in any manner the City deems necessary to reimburse the City. 9.6 No Liability. In no event is the City liable for any contracts made by or entered into by the Subrecipient with any other person, partnership, association, firm, corporation, or governmental entity. 9.7 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. (C) All such communications must only be made to the following: if to the City: City of Corpus Christi Attn: Administrator Office of Community Development P. O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3045 Office (361) 844 -1740 Fax With a copy to: City of Corpus Christi Attn: Director, Neighborhood Services Dept. P. O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3044 Office (361) 826 -3011 Fax If to the Subrecipient: Amistad Community Health Center Attn: Executive Director 1533 Brownlee Blvd., Suite 100 Corpus Christi, TX 78404 (361) 886 -3066 Office (361) 884 -2243 Fax Amistad FY0B09 Agmt 20100717 Page 11 of 15 —53— (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. 9.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer this Agreement or any interest in the Facilities or Improvements without the prior written consent of the City. 9.9 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and no- thing in this Agreement may be construed as prohibiting the Subrecipient from receiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. 9.10 Breach of Agreement. Notwithstanding any other provisions of this Agreement, should the Subrecipient breach any section or provision of this Agreement including, without limitation, the failure to pay taxes, assessments, or other government charges, the breach shall be remedied in accordance with subsection 3.3 of this Agreement and any other applicable subsections. If repayment is required as a remedy, other remedies may be pursued, as deemed necessary by the City Manager, if repayment is not made. The City is entitled to reasonable attorneys fees in any court action arising out of this Agreement. 9.11 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 9.12 Validity. If, for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 9.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 9.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the Architect/Engineer's certificate of substantial completion, the Subrecipient shall only look to the architects, engineers, contractors, subcontractors, manufacturers, and their respective warranties to remedy any defects in design, workmanship, or materials, and the Subrecipient covenants and agrees that the City has no responsibility for any de- fects of any kind or nature whatsoever, even if it is alleged such defect is due to the City's negligence. The City must be a third party beneficiary to the Subrecipient's Amistad FY0809 Agmt 20100717 Page 12 of 15 —54— contracts effecting the Improvements, and all warranties and duties under such con- tracts must be in favor of the Subrecipient and the City. 9.15 Copies of Rules and Regulations. Copies of some of the Federal rules and regulations referenced in this Agreement have been provided to the Subrecipient at the precontracting conference as evidenced by the Subrecipient's CDBG Compliance Affidavit, which is attached to this Agreement as Exhibit C and incorporated in this Agreement by reference. Any failure, by the City, to supply the Subrecipient with any other Federal rules and regulations which may be applicable to the Subrecipient, its Facilities, the Improvements, CDBG funding, or to recipients of Federal funds does not waive the Subrecipient's required compliance in accordance with Federal law. 9.16 Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 9.17 Acknowledgment of Funding Source. The Subrecipient shall give credit to the City's CDBG Program as the project funding source in all presentations, written docu- ments, publicity, and advertisements regarding the Improvements. The Subrecipient agrees to acknowledge the sponsorship of the City of Corpus Christi at any event promoting the project or any other project sponsor. 9.18 Certification Regarding Lobbing. In compliance with federal law, the Subrecip- ient shall execute Exhibit E, the contents of which, as a completed form, are incorpo- rated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Amistad FY0809 Agmt 20100717 Page 13 of 15 -55- Executed in duplicate originals this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager Date Date Approved as to form: L o, , 4— 1 , 2010 Elizabeth I "Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2010, by 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. (Seal) Notary Public, State of Texas Amistad FY0809 Agmt 20100717 Page 14 of 15 —56— SUBRECIPIENT: Amistad Community Health Center, Incorporated x utive ' 'rector Date Ed cI Printed n STATE OF TEXAS COUNTY OF NUECES ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: TA instrument was acknowledged before me on cl� 2010, by cool k.I\ c� , Executive irect , of Amistad Communityalth Center, incorporated, a Texas non - profit corporation, on behalf of the corporation. MONA KOSTER WELLS Notary Public, State of Texas My Commission Expires February 21, 2011 Notary Public, State of Texas Amistad FY0809 Agmt 20100717 Page 15 of 15 -57- IBIT PRELIMINARY BUDGET STRUCTION SCHEDULE Funding: Project Name: Organization: Total Project Cost: Prepared by: FY20081CDBG Funding Renovation for new Pediatric Clinic Amistad Community Health Center $ 425.635;00 Eddy Herrera Date: 07/21/10 PRELIMINARY BUDGET Project Financial Resources: (Funds available to complete your project) AMOUNT • Fund FY 2008 CDBG Program .... $100,000.00 • Other Funding (2009 ARRA) ... $325,635.00 • Capital Contribution from Agency • Other... (Specify) • TOTAL FUNDS AVAILABLE FOR PROJECT $425, 635.00 Estimated Expenses: List estimated expenses to complete your project such as: • Land or Facility Acquisition • Land Survey , Soil Testing, .. Insurance • Bid Advertising, Printing, Etc. 1000.00 • A/E Professional Fees 422 000„00 • Construction Cost... 325.240.00 • Contingencies (15 %)... 57.395.00 • Other Expenses AMOUNT • TOTAL PROJECT COST $ 425.635.00 NOTE: "Total Funds Available for Project" shall be equal to `Total Project Cost" PRELIMINARY CONSTRUCTION SCHEDULE (Proiected dates for completion of key project phases) KEY PROJECT PHASES PROJECTED DATE • Platting/ Soil Testing (Other) ............ • Procurement of Architect/Engineer (A/E) services Done • Design and Specs. For Bid July , 2010 • Advertising/ Bid Opening ......... August. 2010 • Awarding Construction Contract September. 2010 • Commencement of Construction October 2010 • Construction at 100% Completion March 2011 • Contingencies... (2 months) May 31, 2011 _58_ EXHIBIT B INSURANCE REQUIREMENTS !. Subrecipient's Liability Insurance A. Subrecipient must not commence work under this agreement all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for this agreement, copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personal lnjury $1,000,000 Combined Single Limit FIRE and EXTENDED COVERAGE At a minimum, amount sufficient to cover the replacement cost of facilities and/ or building City to be named as loss payee using standard loss payee clause. BUILDERS RISK INSURANCE 1. All Risks of Physical Loss; including collapse and transit coverage Full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Community Development Block Grant Program Subrecipient Agreements ins. req. 1 -19 -09 ep Risk Mgmt. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. B. The City of Corpus Christi must be named as Toss payee using a standard Toss payee clause on the Fire and Extended Coverage coverage. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavorto ", and deleting the wording after "left". In the alternative, a policy endorsement providing the required cancellation language will be accepted. In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30- daywritten notice of cancellation, non- renewal, material change or termination is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -7) are included or excluded. END Community Development Block Grant Program Subrecipient Agreements ins. req. 1 -19 -09 ep Risk Mgmt. EXHIBIT C CDBG COMPLIANCE AFFIDAVIT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Date: + 1 a. / D Affiant: 3'1" C c Community Development Block Grant Subrecipient Affiant, on oath, swears the following statements are true: 1, 4 _ L ti► ee- rx.f am the C _�, (title) of a ryy ..L 4 ` -, C HC ]oLt c. . , a Texas nonprofit corporation, which has applied for and been awarded Community Development Block Grant ( "CDBG ") Program funds administered by the City of Corpus Christi ( "City "). Prior to the start of the project for which CDBG funds have been awarded, as the representa- tive of the above -named subrecipient organization ( "Subrecipient "), I met with City staff and received copies of the following Federal rules and regulations: OMB Circular A -110 24 CFR 85.43 and 85.44 OMB Circular A -122 24 CFR 570.200, 500, and 600 et. seq. OMB Circular A -133 49 CFR Part 24, 24.101- 24.104 24 CFR Part 84 By execution of this affidavit, I attest that I have received the above - listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Further- more, 1 acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject and with which the Subrecipient must comply. By: SWORN TO AND SUBSCRIBED before me the an day of OSTER WELL Notary Public, State of Texas My Commission Expires February 21, 2011 , 2010. `fin Notary Public, State of Texas -61- Corpof Christi SUPPLIER NUMBER EXHIBIT D TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certification and definitions. COMPANY NAME: P. 0. Box: STREET ADDRESS: 1 S,3 Rd*ec.dl ,r e1 t CITY: FIRM IS: 1. Corporation. 2. Partnership 7 4. Association 5. Other 3. Sole Owner � 0J41 4±- If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N Name T Job Title and City Department (if known) 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title I 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N 4, State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant _62_ Page 1 of 2 t rwls.,•• City of Ch ti Exhibit E CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Si nature Print Name of horized Individual r c c -cam nization Name 10 I iA 1.127— 0 Date 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/15/2010 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION IN THE AMOUNT OF $3,688,180.94 FOR THE CHAPARRAL STREET REDEVELOPMENT PROJECT (PHASE I) TO CONVERT CHAPARRAL STREET (NOW ONE -WAY) FROM SCHATZEL STREET TO WILLIAM STREET INTO A TWO -WAY VEHICLE/PEDESTRIAN- FRIENDLY CORRIDOR, WITH A CITY MATCH OF $922,045.24 IN THE FUND 3546, STREET 09 GO CIP FUND (BOND 08), AND A TOTAL PROJECT COSTS OF $4,610,226.18 ISSUE: Funds are available through a competitive grant application process to the U. S. Department of Commerce, Economic Development Administration, Investment for Public Works and Economic Development Facilities Program (CFDA No. 11.300), for funding that support eligible public works investments that boost the local economy by attracting business, promoting innovation, and capitalize on free trade. The grant application is due September 30 and requires City Council action prior to submission. REQUIRED COUNCIL ACTION: Requires Council approval of the resolution to submit the grant. Emily M.,9 Inez, Interim _' -ctor Economic Developme 826 -3312 emilvm{a�cctexas.com Attachments: Grant application BACKGROUND The EDA Investment for Public Works and Economic Development Facilities Program is a competitive grant program designed to support eligible public works investments to support the construction or rehabilitation of essential public infrastructure and facilities necessary to generate or retain private sector jobs and investments, attract private sector capital, and promote regional competitiveness, innovation, and entrepreneurship, including investments that expand and upgrade infrastructure to attract new industry, support technology -led development, accelerate new business development, and enhance the ability of regions to capitalize on opportunities presented by free trade. In order to be considered for funding, the EDA must determine that the City is in economic crisis and demonstrates special need. • The City previously contracted Gignac and Associates to develop the preliminary design and assist with budget estimates for this project. • This EDA Public Works grant may fund up to 80 percent for an approved project over a three -year project life; or, the EDA may determine that it will only provide a maximum of 50 percent funding. This application is requesting funding at the 80 percent level. • A 20 percent local match is required for this EDA Public Works grant with an 80 percent EDA funding level. City will utilize part of the $2 million Bond Issue 2008 Chaparral Street Project funds already approved to meet the required local match. • EDA has the option to require that the City conduct an Environmental Impact Analysis and/or State Historic Preservation Office review prior to final funding approval. • This project will strengthen the connection between the Downtown and SEATown districts along the project's .14. mile corridor of Chaparral Street. Ultimately, connectivity for all traffic flowing into and out of downtown from IH37 and the SEATown district (sports, entertainment, and arts) will be streamlined. Downtown will become more appealing to new investors, business development and visitors. Further, this project aligns perfectly with all previously adopted goals included in the Downtown Redevelopment Committee 2006 Redevelopment Report; the 2008 Downtown Vision Plan; SEATown plans; both the North and South Bayfront Park plans; and the BoldFuture for the Coastal Bend 2010 Vision Plan. Attendees at a Stakeholders Meeting held in City Council-Ch hers on August -4, 2010, voiced Strong suppor .mod- ditional Letters of Commitment and /or Support for the project have been received from the Metropolitan Planning Organization, Workforce Solutions of the Coastal Bend, Corpus Christi Downtown Management District, BoldFuture for the Coastal Bend, the Corpus Christi Regional Economic Development Corporation, Corpus Christi Regional Transportation Authority, Nueces County Judge Samuel L. Neal, Jr., State Representative Todd Hunter, U.S. Senator John Cornyn, U.S. Senator Kay Bailey Hutchison, U.S. Representative Solomon P. Ortiz, State Representative Abel Herrero, and State Representative Solomon Ortiz, Jr. • If approved for submission, a request will be made to the Coastal Bend Council of Governments to issue a Letter of Consistency with the "Comprehensive Economic Development Strategy" (CEDS), a final requirement prior to submission. The 3 year EDA grant will pay up to 80 percent of the total grant. A local cash match is required and will come from City Bond Issue 2008 funds already designated for the Chaparral Street Project. As early as October 2010, the EDA could notify the City if the application is being considered for funding. Implementation could begin shortly thereafter. _68_ RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION IN THE AMOUNT OF $3,688,180.94 FOR THE CHAPARRAL STREET REDEVELOPMENT PROJECT (PHASE I) TO CONVERT CHAPARRAL STREET (NOW ONE-WAY) FROM SCHATZEL STREET TO WILLIAM STREET INTO A TWO -WAY VEHICLE /PEDESTRIAN- FRIENDLY CORRIDOR, WITH A CITY MATCH OF $922,045.24 IN THE FUND 3546, STREET 09 GO CIP FUND (BOND 08), AND A TOTAL PROJECT COSTS OF $4,610,226.18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the U. S. Department of Commerce, Economic Development Administration in the amount of $3,688,180.94 for the Chaparral Street Redevelopment Project (Phase I) to convert Chaparral Street (now one -way) from Schatzel Street to William Street into a two -way vehicle /pedestrian- friendly corridor. The City match for this grant is $922,045.24 in the Fund 3546, Street 09 GO CIP Fund (Bond 08), for a total project costs of $4,610,226.18. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: Armando Chapa - - - - - -- - -- City - Secretary- APPROVED: 18th day of August, 2010. R.. gay Reirting First Assistant City Attorney For City Attorney Chaparral St grantres 08172010 -69- THE CITY OF CORPUS CHRISTI Joe Adame Mayor - Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Chaparral St grantres 08172010 —70— 2 7 CITY COUNCIL AGENDA MEMORANDUM First Reading: August 17, 2010 Second Reading: August 24, 2010 AGENDA ITEM: Ordinance ordering a Special EIection to be held on November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to subject of purpose of this ordinance. BACKGROUND INFORMATION: The following propositions have been previously approved by the City Council for inclusion in a Charter Amendment Election to be held on November 2, 2010, and includes amendments approved on first reading on August 17, 2010. 1. Updating the petition requirements for initiative and referendum and recall elections to comply with state laws and make them consistent. 2. Changing the term limits of the Mayor and Council Members to increase the waiting period from one term (2 years) to three terms (6 years) before a person becomes eligible to serve again. 3. Adding the position of City Auditor who shall be appointed by and report to the Ci y Council. 4. Clarifying the provisions concerning leases, franchises, and use privilege agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. 5. Providing for authority for discipline, censure, reassignment and removal of Municipal Court Judges by a two- thirds vote of all members of the City Council. 6. Changing the City Council Election date from the second Saturday in May to the November Uniform Election date of even numbered years and to allow for a transition election in May 2011, with a shortened term of a year and a half. ISSUES: in order to effectuate a change in election dates from the second Saturday in May to the November uniform election date a charter amendment proposition to authorize such a change must be approved by the end of this year. The next available election date is November 2, 2010 and the last day to call that election is August 24, 2010. RECOMMENDATION: Approval of the ordinance on two readings as presented. Armando Chapa City Secretary Carlos Valdez City Attorney AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, IN THE CITY OF CORPUS CHRISTI TO PROVIDE FOR CONSIDERATION OF AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY VOTING POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. WHEREAS, the City Council desires to place before the electorate of the City of Corpus Christi proposed amendments to the Charter of the City of Corpus Christi; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 2, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City Election (hereinafter the "Election ") shall be held in the City of Corpus Christi, Texas on November 2, 2010 for the purpose of submitting to the voters of the City ballot propositions to consider amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 am to 7:00 pm on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the Joint Election Agreement to be entered into with Nueces County. The City Secretary is directed to request consideration from the U.S. Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic data and information as required by law. SECTION 5. Paper ballot and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling place shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places as set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling place set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified herein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code concerning amendments to the Charter of the City of Corpus Christi: Ballot Language: CHARTER AMENDMENT NO. 1 FOR AGAINST UPDATING THE PETITION REQUIREMENTS FOR INITIATIVE AND REFERENDUM AND RECALL ELECTIONS TO COMPLY WITH STATE LAWS AND MAKE THEM CONSISTENT. Effect of Amendment: Adoption of Charter Amendment No. 1 would amend the City Charter, ARTICLE I, HOME RULE GOVERNMENT, Section 4(e)2 and ARTICLE II, CITY COUNCIL IN GENERAL, Section 19 (c), (f) and (g), as follows: Section 4. Initiative and Referendum. (e) In the event the council fails to take the proposed action within the time allotted, the city secretary shall furnish to the proponents petition pages for circulating among the registered voters of the city. Each petition page shall contain the following: (2) The printed name, signer's residence address, and date of birth or voter registration number of each voter signing the petition; Section 19. Power of Recall. (c) The printed name, residence address (by street and number, or if none, by other sufficient description), and date of birth or voter registration number of each signer; (d) the signature of each signer in ink; and (e) the date of issuance by the city secretary and the name and address of the person or group to whom the petition was issued;, «3 The printed name and address of person circulating the petition; and signature thereon, and that he or she believes that cach signature is genuine. Ballot Language: CHARTER AMENDMENT NO. 2 FOR AGAINST CHANGING THE TERM LIMITS OF THE MAYOR AND COUNCIL MEMBERS TO INCREASE THE WAITING PERIOD FROM ONE TERM (2 YEARS) TO THREE TERMS (6 YEARS) BEFORE A PERSON BECOMES ELIGIBLE TO SERVE AGAIN. Effect of Amendment: Adoption of Charter Amendment No. 2 would amend the City Charter, ARTICLE II, CITY COUNCIL IN GENERAL, Section 1(d), as follows: Section 1. Membership and Term. (d) No person shall serve more than four two -year terms consecutively as a council member, or four two -year terms consecutively as mayor, or six two -year terms consecutively in any combination of such offices. A person who has reached the limitation on terms provided in this section shall not be eligible for election or appointment to the city council until three consecutive terms of office for the council have expired. after net serving on the city council for one full term of office. Ballot Language: CHARTER AMENDMENT NO. 3 FOR AGAINST ADDING THE POSITION OF CITY AUDITOR WHO SHALL BE APPOINTED BY AND REPORT TO THE CITY COUNCIL. Effect of Amendment: Adoption of Charter Amendment No. 3 would amend the City Charter, ARTICLE II, CITY COUNCIL IN GENERAL, by adding a new section, Section 29, City Auditor, as follows: Section 29, City Auditor. Laj The City Council shall appoint a City Auditor. The City Auditor may be removed only by a majority of the City Council. fib) The City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. Ballot Language: CHARTER AMENDMENT NO. 4 FOR AGAINST CLARIFYING THE PROVISIONS CONCERNING LEASES, FRANCHISES AND USE PRIVILEGE AGREEMENTS TO INCLUDE AUTHORIZATION TO ENTER INTO LICENSE AGREEMENTS WHEN A LEASE OR FRANCHISE IS NOT APPLICABLE AND ALLOW MULTI -YEAR AGREEMENTS NO LONGER THAN FIVE YEARS. Effect of Amendment: Adoption of Charter Amendment No. 4 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 1, Inalienability of Public Property, as follows: Section 1. Inalienability of Public Property. The control and use of the public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property of the city is declared to be inalienable by the city, except by ordinances not in conflict with the provisions of this charter; provided, however, the council may by ordinance grant, or authorize an officer or employee of the city to grant, sidetrack or switch privilege easements to common carriers, and daily, weekly, monthly, annual, multi -year leases, licenses or use privileges of public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property, all upon such terms and with the imposition of such conditions and limitations in such easements and leases or use privileges as the council may elect. No act or omission by the council or any officer or agent of the city shall be construed to grant, renew, extend or amend by estoppel or indirection any right, franchise, lease, easement, license or use permit affecting said public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property. Ballot Language: CHARTER AMENDMENT NO. 5 FOR AGAINST PROVIDING AUTHORITY FOR DISCIPLINE, CENSURE, REASSIGNMENT AND REMOVAL OF MUNICIPAL COURT JUDGES BY A TWO- THIRDS VOTE OF ALL MEMBERS OF THE CITY COUNCIL. Effect of Amendment: Adoption of Charter Amendment No. 5 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 26, Municipal Court, as follows: Section 26, Municipal Court. (a) There shall be a court for the trial of misdemeanors known as the municipal court, with such powers and duties as are defined and described by state law. The magistrates of the court shall be known as municipal judges, shall be appointed by council, shall have the necessary qualifications for appointment and receive such salary and term as may be fixed by ordinance. (b) Any person appointed by a city council as a municipal court judge, presiding municipal court judge, assistant, substitute, full -time or part-time judge may be removed from office at any time by a three - fourths vote of all members of the city council. Any person holding such office may be disciplined, censured or reassigned in lieu of removal from office by the same vote. (la) (c) The city manager shall appoint a clerk of said court and deputy clerks, if any, who shall receive such salary as may be fixed by the manager. Ballot Language: CHARTER AMENDMENT NO. 6 FOR AGAINST CHANGING THE CITY COUNCIL ELECTION DATE FROM THE SECOND SATURDAY IN MAY TO THE NOVEMBER UNIFORM ELECTION DATE OF EVEN NUMBERED YEARS AND TO ALLOW FOR A TRANSITION ELECTION IN MAY 2011, WITH A SHORTENED TERM OF A YEAR AND A HALF Effect of Amendment: Adoption of Charter Amendment No. 6 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 1(b), Membership and Term, and Section 3(d), Runoff Elections, as follows: Section 1, Membership and Term. (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in on the November uniform election date of even - numbered years as authorized by State law; provided that, a transition election shall be held on the second Saturday in May, 2011 for terms expiring upon the final canvass of the elections in November 2012. in April unless the city council designates an alter-native Saturday in April or the next regular election. Section 3, Runoff Elections. (d) The run -off election shall be held accordance with State laws. n SECTION 8. The City Secretary is directed to publish such Charter Amendments as required by the Local Government Code and to post and publish such election notices as are required by Election Laws of the State of Texas. SECTION 9. The election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 2, 2010, which shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites: SECTION 10. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. This ordinance shall take effect and be in full force and effect from and after its passage on second reading. ATTEST: THE CITY OF CORPUSCI4RISTI Armando Chapa, City Secretary Joe Adame, Mayor LEGAL FORM APPROVED: By: , 2010. Carlos Valdez, City Attorne ATTACHMENT "B" NUECES COUNTY JOINT ELECTION EARLY VOTING SUBSTATIONS NOVEMBER 2.2010 October 18 - October 29, 2010 NUECES COUNTY COURTHOUSE 901 Leopard Street - Corpus Christi, Texas CORPUS CHRISTI CITY HALL 1201 Leopard Street - Corpus Christi, Texas CORPUS CHRISTI AREA COUNCIL FOR THE DEAF 5151 McArdle Road - Corpus Christi, Texas FIRE STATION NO. 15 14202 Commodores - Corpus Christi, Texas GREENWOOD SENIOR CITIZENS CENTER 4040 Greenwood Drive - Corpus Christi, Texas HILLTOP COMMUNITY CENTER 11425 Leopard Street - Corpus Christi, Texas RONNIE H. POLSTON COUNTY BUILDING 10110 Compton - Corpus Christi, Texas JOHNNY S. CALDERON COUNTY BUILDING 710 E. Main - Robstown, Texas NUECES COUNTY BISHOP COMMUNITY CENTER 102 W. Joyce Street - Bishop, Texas PORT ARANSAS COMMUNITY CENTER 408 N. Alister - Port Aransas, Texas DEL MAR COLLEGE 101 Baldwin - Corpus Christi, Texas BANQUETE INDEPENDENT SCHOOL DISTRICT 4339 Fourth - Banquete, Texas CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT 801 Leopard - Corpus Christi, Texas CALALLEN INDEPENDENT SCHOOL DISTRICT 4205 Wildcat - Corpus Christi, Texas DRISCOLL INDEPENDENT SCHOOL DISTRICT 130 W. Avenue D - Driscoll, Texas TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT 9760 LaBranch - Corpus Christi, Texas _$2_ That the foregoing ordinance as read for the first time and passed to its second , 2010, by the following vote: reading on this the Pillay of Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ;2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of , 2010. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor NO ATTACHMENT FOR THIS ITEM 9 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: August 24, 2010) Case No. 0610 -02: August 11, 2010 David B. Allred: The applicant is requesting a change of zoning from the "B- 2A/10 /SP" Barrier Island Business Districtlisland Overlay /Special Permit to the "B-4" General Business District resulting in a change of land use from Tourist Business with overlay and design conditions to commercial use The property to be rezoned is Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A & 10A, located on the westside of South Padre Island Drive (SPID) or Park Road # 22, at the address 14237 South Padre Island Drive (SPID) or Park Road 22 PLANNING COMMISSION AND STAFF RECOMMENDATION (July 7, 2010): Planning Commission and Staff recommended denial of applicant's request to rezone the subject property to the "B -4" General Business District in lieu thereof approval of a rezoning to a modified "B- 2A/10 /SP" Barrier Island Business District/Island Overlay with a Special Permit. The special permit would allow for the operation of a boat repair facility and would be subject to a site plan and the following six (6) conditions: 1 Uses: All uses allowed in the "B -2A" Barrier Island Business District with an " -I0" Island Overlay District and the operation of a boat repair facility, indoor and outdoor boat storage facility or boat sales facility are allowed with the issuance of this Special Permit. The allowable use includes repairs to the boat structure and boat engine. Furthermore, the Special Permit allows the outside storage of boats and trailers that are not for sale. The boat repair facility is limited to three (3) repair bays. Boat repairs shall not be performed on boats in excess of sixty (60) feet. Boat repairs will be restricted to personal and commercial pleasure craft only. All repair work is to be completed inside of a building. Outside storage of boats and trailers that are not for sale may not occur within 130 feet of South Padre Island Drive (S.P.1.D.)/ Park Road # 22 right -of -way. -2.- Landscaping- ...Landscaping - . must -. -be .provided... -in - -- accordance -- with Article-- 27-B, -- Landscape ---- - Requirements, for the "B -2A" Barrier Island Business District and " -I0" Island Overlay as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A standard screening fence with a minimum height of six (6) feet must be placed along the north, south, and west property lines, as well as, the easterly edge of boat and trailer (not for sale) storage yard as shown on the attached site plan. This screening fence many not be located within the street yard. A building wall may be substituted for the screening fence. This screening fence must be installed prior to the issuance of a certificate of occupancy. 4. Speakers: Outside paging, speakers, or telephone bells are prohibited. 5. Lighting: Overhead lighting shall be directed away from adjacent neighboring properties. Agenda Memo Case No. 0610 -02 David B. Allred Page 2 6.Time Limit: The Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change in zoning to the "B-4" General Business District for the ability to repair marine vehicles of larger size. Existing Land Uses: The subject property is currently commercial. Commercial uses are located to the north, medium density dwellings to the west, and public /semi- public uses are to the south and east. Existing Zoning: The subject property is zoned "B-2A/I0/SP" Barrier Island Business District/Island Overlay with a Special Permit. The "B -2M0" Barrier Island Business District/Island Overlay allows for residential uses, churches, public and non -profit private schools, medical uses, professional offices, retail, commercial uses including automotive repair, and boat sales and storage. Commercial development in this district requires a 20 foot building setback from the street right -of -way lines, as well as, 10 foot side and rear yard setbacks. Requested Zoning: The purpose of the "B-4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B-4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. Jtrait Perales, -Jr`, RE-.- -- Assistant City Manager, Departments of Engineering and Development Services Email: johnnypc cctexas.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.: 0610 -02 Planning Commission Hearing Date: July 7, 2010 Applicant: David B. Allred Owner: David B. Allred Representative: Same as applicant Address: 14237 South Padre Island Drive Legal Description/Location: Padre Island No. 1, BIock 2, being the south half of Lot 8A, Lot 9A & 10A, located on the westside of South Padre Island Drive (SPID) or Park Road # 22, at the address 14237 South Padre Island Drive (SPED) or Park Road 22 From: "B- 2A/IO /SP" Barrier Island Business District/Island Overlay with a Special Permit To: "B -4" General Business District Area: 0.19 Acres Purpose of Request: The applicant is requesting a change in zoning to the "B -4" General Business District for the ability to repair marine vehicles of larger size. Zoning Existing Land Use Future Land Use Site "B- 2A/IO /SP" Barrier Island Business District/Island Overlay with a Special Permit Commercial Tourist North "B-2A/I0" Barrier Island Business District/Island Overlay Commercial Tourist South "B- 2A/IO" Barrier Island Business District/Island Overlay Public /Semi - Public Tourist East "B-2A/I0" Barrier Island Business Districtllsland Overlay Public /Semi - Public & Vacant Tourist West "A -2" Apartment House District Medium Density Residential & Vacant Low Density Residential w Area Development Plan: This tract of land is located in the Mustang & Padre Island Area Development Plan and is planned for tourist uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for tourist uses. Map No.: 029,027 Zoning Violations: None City Council Zoning Report Case #:0610 -02, David B. Allred Page 2 Staff's Summary: • Request The applicant is requesting a change in zoning to the "B -4" General Business District for the ability to repair marine vehicles of larger size. • Existing Land Uses: The subject property is currently commercial. Commercial uses are located to the north, medium density dwellings to the west, and public /semi- public uses are to the south and east. • Existing Zoning: The subject property is zoned "B- 2A/IO /SP" Barrier Island Business District/Island Overlay with a Special Permit. The "B- 2A/IO" Barrier Island Business District/Island Overlay allows for residential uses, churches, public and non -profit private schools, medical uses, professional offices, retail, commercial uses including automotive repair, and boat sales and storage. Commercial development in this district requires a 20 foot building setback from the street right -of -way lines, as well as, 10 foot side and rear yard setbacks. • Proposed Zoning: The purpose of the "B -4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B -4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. • Transportation and Circulation: The subject property has access to South Padre Island Drive; also know as Park Road 22. The Urban Transportation Plans designates South Padre Island Drive as an A2 Secondary Arterial- Divided. Street R.O.W. Street Existing ROW Planned ROW Urban Transportation Designation Traffic Volume 2008 S.P.I.DJ Park Road 22 100'154' paved, 4 -Lanes No Change A2 Secondary Arterial- Divided 13,232 • Infrastructure Demand: o Water: An 18 -inch water line runs along SPID/Park Road 22. o Wastewater: An 8 -inch wastewater line runs along the western property line. o Stormwater: N/A • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B30. Crime statistics up to 2005 show a decrease from 296 crimes committed in 1993 to 212 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number 15, located at 14202 Commodore Street, approximately 1.3 miles from the subject property. City Council Zoning Report Case #:0610 -02, David B. Allred Page 3 • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (Gm) "Galveston and Mustang fine sands" • Slope: 0 to 8 percent • Drainage class: Somewhat excessively drained • Depth to water table: 36 to 72 inches • Frequency ofjlooding: Occasional • Frequency of ponding: None • Available water capacity: Low (about 4.8 inches) o Wetlands: None a Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 32 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for tourist uses; therefore, the proposed "B -4" General 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. o CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH TJ]J ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However; area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The subject property is an existing commercial use that does not require a more intense district; rather a special permit should be issued The "B -4" General Business District is not consistent with the future land use. o MUSTANG/PADRE ISLAND AREA DEVELOPMENT PLAN POLICY STATEMENT B.2 — Tourist oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks. City Council Zoning Report Case #:0610 -02, David B. Allred Page 4 Staff Comment: The subject property is a commercial venture with tourist implications; due to the fact of boat repair being the primary use of the property. Plat Status: The subject property is platted. Department Comments: • This case was based on a previous zoning case # 896-7. • The original Special Permit allowed for repairs on boats lesser than 30 feet in Iength. • The applicant is requesting to work on boats lesser than 50 feet in length, therefore the Special Permit would need to be modified. • .Boat repair of private (non - commercial) boats is a logical extension of an island residential community. Planning Commission and Staff Recommendation: Denial of applicant's request to rezone the subject property to the "B-4" General Business District in lieu thereof approval of a rezoning to °B- 2A110 /SP" Barrier Island Business District/Island Overlay with a Special Permit. The special permit would allow for the operation of a boat repair facility and would be subject to a site plan and the following six (6) conditions: 1. Uses: All uses allowed in the "B -2A" Barrier Island Business District with an " -I0" Island Overlay District and the operation of a boat repair facility, indoor and outdoor boat storage facility or boat sales facility are allowed with the issuance of this Special Permit. The allowable use includes repairs to the boat structure and boat engine. Furthermore, the Special Permit allows the outside storage of boats and trailers that are not for sale. The boat repair facility is limited to three (3) repair bays. Boat repairs shall not be performed on boats in excess of sixty (60) feet. Boat repairs will be restricted to personal and commercial pleasure craft. All repair work is to be completed inside of a building. Outside storage of boats and trailers that are not for sale may not occur within 130 feet of South Padre Island Drive (S.P.I.D.)/ Park Road # 22 right-of-way. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, for the `B -2A" Barrier Island Business District and " -I0" Island Overlay as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A standard screening fence with a minimum height of six (6) feet must be placed along the north, south, and west property lines, as well as, the easterly edge of boat and trailer (not for sale) storage yard as shown on the attached site plan. This screening fence many not be located within the street yard. A building wall may be substituted for the screening fence. This screening fence must be installed prior to the issuance of a certificate of occupancy. 4. Speakers: Outside paging, speakers, or telephone bells are prohibited. City Council Zoning Report Case #:0610 -02, David B. Allred Page 4 Staff Comment: The subject property is a commercial venture with tourist implications; due to the fact of boat repair being the primary use of the property. Plat Status: The subject property is platted. Department Comments: • This case was based on a previous zoning case # 896 -7. • The original Special Permit allowed for repairs on boats lesser than 30 feet in length. • The applicant is requesting to work on boats lesser than 50 feet in length, therefore the Special Permit would need to be modified. • Boat repair of private (non - commercial) boats is a logical extension of an island residential community. Planning Commission and Staff Recommendation: Denial of applicant's request to rezone the subject property to the "B -4" General Business District in lieu thereof approval of a rezoning to "B- 2A/IO /SP" Barrier Island Business District/Island Overlay with a Special. Permit. The special permit would allow for the operation of a boat repair facility and would be subject to the following six (6) conditions: 1 Uses: AlI uses allowed in the "B -2A" Barrier Island Business District with an " -I0" Island Overlay District and the operation of a boat repair facility, indoor and outdoor boat storage facility or boat sales facility are allowed with the issuance of this Special Permit. The allowable use includes repairs to the boat structure and boat engine. Furthermore, the Special Permit allows the outside storage of boats and trailers that are not for sale. The boat repair facility is limited to three (3) repair bays. Boat repairs shall not be performed on boats in excess of sixty (60) feet. This shall not restrict repair on commercial, pleasure crafts. All repair work is to be completed inside of a building. Outside storage of boats and trailers that are not for sale may not occur within 130 feet of South Padre Island Drive (S.P.I.D.)/ Park Road # 22 right -of -way. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, for the "B -2A" Barrier Island Business District and " -I0" Island Overlay as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A standard screening fence with a minimum height of six (6) feet must be placed along the north, south, and west property lines, as well as, the easterly edge of boat and trailer (not for sale) storage yard as shown on the attached site plan. This screening fence many not be located within the street yard. A building wall may be substituted for the screening fence. This screening fence must be installed prior to the issuance of a certificate of occupancy. 4. Speakers: Outside paging, speakers, or telephone bells are prohibited. City Council Zoning Report Case #:0610 -02, David B. Allred Page 5 5. Lighting; Overhead lighting shall be directed away from adjacent neighboring properties. 6. Time Limit: The Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed Total — 19 within 200 foot notification area; 3 outside notification area As of August 11, 2010 Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial 5. Site Plan 6. Existing Zoning, Notice area, Ownership 7. Comments from Public Notices 8. Notice Mailing List 9. Smart Growth Principles 10. Ordinance 022698 H :1PLN- DIRISHAREDII. Planning Commission12010 CCIAug. 201010610 -02 David B Allred1CC Zoning Report 06I0 -02 David B. Allred, B- 2AIOSP to B -4.doc r. - 'J J_ _ r. gal - .�I - Ta 6 } oaf WEI -f, • .1 Y F5UTGf. LV 6p 2, fa' .6k0 tip hacc caS Jrr andJse. Aisoaua a ' 4V4NJY.L'Cte .5. om . .1i f'f•: #If i11•=1'.'.1MM .2 ," EIG1 -11M4 00�: - C 1STING LAND USE ldes. iettttsl . ER • JO 4bU kILrS#Tta! - C/• Lpw Th?trsa�'y l s. - ! R !i avy. ktdus ! •11! :$4: ?ns l s. -•J ., J• 1 S$TJ71 1 '-PSp gb ffetts y Rl►sc . -HLJR Pik ' MO f attrag4 Corridor -.DC `Cotusail a#tartlptiesetva # tbtrkGP :PO4 ) X71! O:. :.p° .. lA+ r , #tioort rrral . at? l' 1EXA 1' .i , ti•• !■ ti. • • • •I , • '' 2::b: 'SITE:; ` ISTIN L H USA; "r tats Fiworpool : ER • FUUbt ritil sttii i . Lt fy:ls1 lif :Am* *Sa - /, . 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QR N'd •9P�' �edr:PernIIF,• .T Yet �l .eiTraler Ors oRkl 1,741 �rer�Lrer,H�rIe.PRC 4hffk{d •:1"-7C• Y eM,H�ire i�irsr•T x Case No. 896 -7 SITE A,1.1 Lorar /7Z4lL.4fl op-e4ca `714a.o CA-4'r dt R SAGS ) i1 fie 'Y .5.7-Aiteaa +t7 A P ENCa 0 0-erL4 Np GMp /AID giDrzE Is L4 ND .e.. Exhibit A -109- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0610 -02 Name: David B. Allred 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: 19 0 Favor: 0 Opposition: 0 H. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 2 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:1PLN- DIRISHAREDI1. 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Ni. �+ �'Ne�I�J.A.wI`liln�''ia�Oil1tlia l�ema e a°°p p tJ N ttt rl N Io A In+ a a e e e N W O N N N° W ONO ONO Y ONO m Y N w m m b IG M$ E gg ggNggNn11SgNo SMART GROWTH COMPARISON: ATTACHMENT 8 Polices listed below are taken from "Getting to Smart Growth 11: 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 increasing populations and ,growth; and achieving healthy communities that provide families with a clean environment. Zoning Case:0610 -02 From: 'B -2A" Barrier Island Business District To "B -4" General Business District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 0 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail/service? 1 use added 1 x 3 0 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 +uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores YeS 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 0 x 3 a range of activities in a small area? No 0 Manages and effectively provides a transition between higher and lower- density Yes 1 neighborhoods? No 0 x 2 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes 1 the community? (condos, townhomes, single- family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income homeowners and individuals to reduce building costs and uses available resources Yes No 1 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or Iease? No 0 x 3 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces Long- distance Yes 1 0 x 3 commutes? No 0 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 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 focus on Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive PIan? No 0 2 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x 3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x 3 0 -112- 6. Preserves open space, farmland, natural beauty, and critical environmental areas. T 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 entering Yes No 1 0 x 4 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 outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 17 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 'A mile 2 x 4 'to 1/2 mile 1 + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? x 3 No 0 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 Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 2 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. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 3 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 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive 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? N 0 x 3 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 1 x 3 0 Point Grading System: Smart Growth Rating Total Points 32 ❑ 0 -20 pts = * ® 21 -39 pts.= * * ❑ 40 -59 pts = * ❑ 60 -79 pts = * * * * n 80 -100 pts = -113- _.... - - -....... / ,,,.;47-''' .".s..-.'" . m \ ., / (IS . • , .,. , 7 of %,::., :,,,, i ) • ...-, ,.. 4.,. f'.3 v4 4 -1,711' 11.■ ',Z.; i A .,/ AMENDING THE ZONING 011DINAD=ICE UPON A2PLICA'CION WI .., zty ISLAND MARINE SERViCE3, 131( GRANTING A SPECIAL COUNCAOsEtc.. A.; • 1 -W,-In!..--` P)R.RET Fan 1.110AT STinflAGg AND 'BOAT RlYik T. s-unx.co-: TO SIM (6) - ..-'...•'-' CONDITIONS ON PADRE -ASLANT/ Hal, :LOCK :A, LOT 9A AND IDA; 1:11,ZOVIDING KM PUBLICATION; AND DECLARING AN EMERGENCY. ouLl recommendations concerning the application of Island Marine Services, for amendment to the zonhij ilgup of tha City of Cot pus Christi; WiFfErt.W.-39 in accordance with proper notice to the vablic, a public nearing WO held on Wednesday, August 21, 1996, during a meeting of the Planning COII1MiSSiOil and on Tuesday, September 24, 1996, dining a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WIELIEMEAS, the City Council ha:3 determined that the hereinafter set forth amendment would best serve public health, necessity and convenience. and the general welf& e. of the City of Corpus Christi and its citizens. NEON, TThiElP.EkTOPE, 3f oilikDAffall 1.4 ‘•( Clirl COUNCIL (V THE (Try ow CORPUS CHRISTI, SECTXON L That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by making the change hereinafter 5C.It out. S-ECTION 2. That a Special Council Permit be granted for boat storage and boat repair on Padre Island No. I , Block 2, Lots 9A and 10A, located on the west side of South Padre Island Drive (Park Road 22), approximately 320 feet north of jackiish Avenue, subject to the :following six (6) conditions: 1. The. only uses autilocizal by this Spiai Porinit other than basic 13.2A" Batrier Island Business District, are boat and boat engine rc-pair and outside storage of boats and boat dailers not for sale. The boat repair facility is limited to three (3) repair bays. Boat repairs shall not include fiberglass work, bottom work or body work or repairs on boats in ::±r.cess All repair, work is to be conapietetZle storage of boats and trailers not for sale may not occur within 130 fee % of South Padre Island Drive right-of-way. 2. LANDSCAPDLIG: Landscaping must be provided in aecotda.nce with Article 27B, Landscape Requirelnents, for the "B.-2A" Battler Ishind Easiness District as if w-v,r AU plan-, material must be kepi in a healthy, growing ,.()nriition at all times. Aii laiidScaping must bc inso.d prior to the i5SWI'- certificate oil •""y, case, B% p No. I OP111200.3:i? S96-7 9-10-96 —114— ATTEST: City Secretary MAYOR THE CITY OF CORPUS C.HRISTI i Lth SAV1131;K, ,..1;;;; SA.M1F,S R. DRAY JR.., CITY ATTORNEY •r;j e•-• • ;') . • iL/ C.;;;" C.." By. . i; ; ' .• "r.N) • . ' : r Rat A5si5art.tly AtL�riy 7.5• 9 0-10.90 -115- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall July 7, 2010 5 :30 P.M. COMVIISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Absent James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Andrew Dimas, City Planner Miguel S. Saida iia, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Ashley Satterfield, Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a la comision y su ingles es limitado, habrh, un interprete de espanol a ingles en la junta para ayudarle CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:32 p.m. C. ZONING 1. New Zoning a. Case No. 0610 -02 David B. Allred: A change of zoning from the "B- 2A/10 /SP" Barrier Island Business Districtllsland Overlay /Special Permit to the "B-4" General Business District without resulting in a change of land use. The property to be rezoned is Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A & 10A, located on the westside of South Padre Island Drive (SPED) or Park Road # 22, at the address 14237 South Padre Island Drive (SPID) or Park Road 22 Andrew Dimas, Development Services, presented New Zoning item "a" Case No. 0610 -02 via Apple Keynote, stating the applicant is requesting a change of zoning from the "B- 2A/10 /SP" Barrier Island Business District/IsIand Overlay /Special Permit to the "B-4" General Business District. The purpose of the request is so the applicant can work on boats larger than the Special Permit is currently allowing. The Special Permit was granted in 1996 to allow for repairs on boats up to thirty (30) feet. The applicant is requesting to work on boats lesser than fifty (50) feet, therefore modifying the Special Permit. The repair of private non - commercial boats is the extension of the Island Residential Community to be in conformity with the "B -2A" District. Andrew Dimas stated staffs denial of applicant's request to rezone the subject property to the "B -4" General Business District in lieu thereof approval of a rezoning to "B- 2A/10 /SP" Barrier Island Business District/Island Overlay with a Special Permit. The special permit would allow for the operation of a boat repair facility and would be subject to the following six (6) conditions: 1. Uses: All uses allowed in the "B -2A" Barrier Island Business District with an "- I0" Island Overlay District and the operation of a boat repair facility, indoor and — 1 1 6— Planning Commission Minutes July 7, 2010 Page 2 outdoor boat storage facility or boat sales facility are allowed with the issuance of this Special Permit. The allowable use includes repairs to the boat structure and boat engine. Furthermore, the Special Permit allows the outside storage of boats and trailers that are not for sale. The boat repair facility is Iimited to three (3) repair bays. Boat repairs shall not be performed on boats in excess of sixty (60) feet. This shall not restrict repair on commercial, pleasure crafts. All repair work is to be completed inside of a building. Outside storage of boats and trailers that are not for sale may not occur within 130 feet of South Padre Island Drive (S.P.I.D.)/ Park Road # 22 right -of -way. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, for the "B-2A" Barrier Island Business District and "- IO" Island Overlay as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A standard screening fence with a minimum height of six (6) feet must be placed along the north, south, and west property lines, as well as, the easterly edge of boat and trailer (not for sale) storage yard as shown on the attached site plan. This screening fence many not be located within the street yard. A building wall may be substituted for the screening fence. This screening fence must be installed prior to the issuance of a certificate of occupancy. 4. Speakers: Outside paging, speakers, or telephone bells are prohibited. 5. Lighting: Overhead lighting shall be directed away from adjacent neighboring properties. 6. Time Limit: The Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. The notices mailed out totaled nineteen (19). One (1) notice was returned in favor and zero (0) returned in opposition. Commissioner Skrobarczyk inquired whether or not the existing permit had the words "non - commercial" in the Special Permit and the purpose was to increase the footage of the boats being repaired and not the types of boats. In response to Commissioner Skrobarczyk, Andrew Dimas stated staff could incorporate the language of "non- commercial" into the Special Permit. Robert Payne added that the language in the zoning report but the applicant is not looking at commercial boats in the form of fishing guides. The applicant is looking at vessels of much larger character. The language of "non- commercial" is stated in the report and not the conditions. Mr. Dimas stated that the original Special Permit does not specifically state "non- commercial" and only limits the scope and size of the work. Commissioner Skrobarczyk expressed concern with shrimp boats and boats of that nature consuming the yard. Commissioner Skrobarczyk inquired about the wording that could be used to safeguard against an offensive yard. Commissioner Tamez stated the language can read as commercial pleasure craft being allowed. In response, Commissioner Skrobarczyk agreed with the language of commercial —117— Planning Commission Minutes July 7, 2010 Page 3 pleasure crafts but not commercial. Commissioner Nadkarni modified the language to state the prohibiting of commercial vessels but not pleasure crafts. In response to Commissioner Adanne, Mr. Dimas stated the original site plan was in the 1996 file and illustrated the way the current building sitting and the storage yards around it. Mr. Dimas stated screening was only needed on the north, south, and west of the property. Mr. Dimas added that properties must be screened besides lines facing South Padre Island Drive or Park Road 22. In response to Chairman Garza, Mr. Dimas clarified that the subject property does have fencing along the perimeter of the property. Chairman Garza commented on the difference between the full and empty lot from the pictures in the presentation. Mr. Payne stated the landscaping requirement according to the "B -2A" requires a twenty (20) foot, 100% landscape strip exclusive of driveways. The public hearing was opened. David B. Allred, owner of the property, came forth. Mr. Allred stated he built the property in 1997 and had been in business for twenty -five years. Mr. Allred stated his business was for private boat ownership clientele, pleasure crafts, boats from small sizes and up to sixty (60) feet. Mr. Allred commented he does business with island residence and does not work on commercial vessels at all. Deborah Brown commented on Mr. Allred's statement of up to sixty (60) foot boats. Ms. Brown inquired as to why the Special Permit was for only fifty (50) feet when Mr. Allred did repair work on boats up to sixty (60) feet. Ms. Brown asked the applicant as to why he did not request up to sixty (60) feet. In response, Mr. Allred stated he wanted fifty (50) feet to be the minimum but did not want the sizes to continue to get larger, forcing him to acquire another Special Permit. In response to Ms. Brown, Mr. Allred agreed that a sixty (60) foot maximum would be adequate. Public hearing was closed. Motion to approve new zoning item "a" was made by Commissioner Skrobarczyk for the denial of the "B-4" and go forward with staffs approval with the new sixty (60) foot limit and the language of "commercial, pleasure craft inclusive." The motion was seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman Huerta being absent. H:1PLN- DIRISHAREDII. PLANNING COMMISSION12010 CCIAUG. 201010610 -02 DAVID B ALLRED17 -7 -10 MINUTES EXC.DOC -118- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAVID B. ALLRED, BY CHANGING THE ZONING MAP IN REFERENCE TO PADRE ISLAND NO. 1, BLOCK 2, BEING THE SOUTH HALF OF LOT 8A, LOT 9A & 10A, FROM "B-2A/10/SP" BARRIER ISLAND BUSINESS DISTRICT /ISLAND OVERLAY /SPECIAL PERMIT TO A MODIFIED "B- 2A110ISP" BARRIER ISLAND BUSINESS DISTRICT /ISLAND OVERLAY WITH A SPECIAL PERMIT TO ALLOW FOR THE OPERATION OF A BOAT REPAIR FACILITY, SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of David B. Allred, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 7, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 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 Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A, and 1 OA, located on the westside of South Padre Island Drive (SPID) or Park Road #22, at the address 14237 South Padre Island Drive(SPID) or Park Road 22, from "B-2A/10/SP" Barrier Island Business Districtllsland Overlay /Special Permit to a "Modified B-2A/10/SP" Barrier Island Business District/lsland Overlay with a Special Permit to allow for the operation of a boat repair facility, subject to a site plan, attached, and six (6) conditions. (Zoning Map 029027) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: All uses allowed in the "B -2A" Barrier Island Business District with an " -I0" Island Overlay District and the operation of a boat repair facility, indoor and outdoor boat storage facility or boat sales facility are allowed with the H: ILEG- D1RlShared\LEGAL- DEV.SVCS12010 Agenda16- 241CASE NO. 0610 -02 DAVID B ALLRED10610 -02 B-2A 10 SP- Modified.Doc —11 9— Page 2of4 issuance of this Special Permit. The allowable use includes repairs to the boat structure and boat engine. Furthermore, the Special Permit allows the outside storage of boats and trailers that are not for sale. The boat repair facility is limited to three (3) repair bays. Boat repairs shall not be performed on boats in excess of sixty (60) feet. Boat repairs will be restricted to personal and commercial pleasure craft only. All repair work is to be completed inside of a building. Outside storage of boats and trailers that are not for sale may not occur within 130 feet of South Padre Island Drive (S.P.I.D.) /Park Road #22 right -of -way. 2. Landscaping: Landscaping must be provided in accordance with article 27B, Landscape Requirements, for the "B -2A" Barrier Island Business District and " -I0" Island Overlay as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A standing screening fence with a minimum height of six (6) feet must be placed along the north, south, and west property lines, as well as, the easterly edge of boat and trailer (not for sale) storage yard as shown on the attached site plan. This screening fence many not be located within the street yard. A building wall may be substituted for the screening fence. This screening fence must be installed prior to the issuance of a Certificate of Occupancy. 4. Speakers: Outside paging, speakers, or telephone bells are prohibited. 5. Lighting: Overhead lighting shall be directed away from adjacent neighboring properties. 6. Time Limit: The Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. W: 1LEG- D!R\Shared\LEGAL- DEV.SVCS12010 Agenda16 -241CA 1 2 Q. 0610 -02 DAVID B ALLRED10610 -02 B -2A 10 SP- Modified.Doc U Page 3 of 4 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION B. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: / 8, 2010 Joe Adame Mayor, City of Corpus Christi orah Walther Brown ssistant City Attorney For City Attorney H:I LEG- DIR1Shared\LEGAL- DEV,SVCS12010 Agendal6- 241CASE NO. 0810-02 DAVID B ALLRED10610 -02 B-2A 10 SP- Modified.Doc —121— Page 4 of 4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: 1LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agenda16- 241CASE NO. 0610-02 DAVID B ALLRED10610 -02 B-2A 10 SP- Modified.Doc — 12 2 10 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: August 24, 2010) Case No. 0710 -01: August 4, 2010 Proportional Prosperity, LLC: The applicant is requesting a change ofzoning from the "B-4" General Business District to the "l -2" Light Industrial District resulting in a change of land use from general business to light industrial use The property to be rezoned is 2.12 acres of Las Colonias, Unit 4, Block 1 Lots 25, 26, and 27 located at 1302 Saratoga on the northeast corner of Saratoga Bloulevard and Galle Las Colonias Drive PLANNING COMMISSION AND STAFF RECOMMENDATION (July 7, 2010): Planning Commission and Staff recommended denial of applicant's request to rezone the subject property to the "I -2" Light Industrial District and in lieu thereof, approval of a rezoning to "B -4 /SP" General Business District with a Special Permit and subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is the use of the property for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26 and 27 with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line, which does not impede the security sensors for ingress /egress to the property. 4. Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Background: This case recommendation is based on a previous zoning case # 0109 -05, which approved a Special Permit for outdoor storage. The applicant is currently pursuing a long term lease with the City as a warehouse and outside storage use for the Police Department. The subject property was rezoned with a —125— Agenda Memo Case No. 0710 -01 Proportional Prosperity, LLC. Page 2 special permit on April 21, 2009 to allow for outdoor storage uses, subsequently, the property was not used for outdoor uses and the special permit expired on April 21, 2010. Request: The applicant is requesting a change in zoning to the "1 -2" Light Industrial District to convert the facility to a vehicle warehouse and outdoor storage of equipment for the police department. Existing Land Uses: The subject property is currently a vacant commercial building. Commercial uses are located to the east. Low density residential homes exist to the north and to the south is outside the Corpus Christi City Limits (OCL) yet is described as vacant. Existing Zoning: The subject property is zoned "B-4" General Business District. The purpose of the "B-4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B -4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. Requested Zoning: The purpose of the "1 -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; in which case a 10 -foot side and rear set back would be required. The "I- 2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. Juan Perales, Jr P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnypc cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) -126- CITY COUNCIL ZONING REPORT Case No.: 0710 -01 Planning Commission Hearing Date: July 7, 2010 Applicant & Legal Description Applicant: Proportional Prosperity, LLC Owner: Proportional Prosperity, LLC Representative: Marco Gamboa Address: 1302 Saratoga Boulevard Legal Description/Location: 2.12 acres of Las Colonias, Unit 4, BIock 1 Lots 25, 26, and 27 located at 1302 Saratoga on the northeast corner of Saratoga Blvd and Calle Las Colonias Dr. Zoning Request From: "B-4" General Business District To: "I -2" Light Industrial District Area: 2.12 Acres Purpose of Request: The applicant is requesting a change in zoning to the "I -2" Light Industrial District to convert the facility to a vehicle warehouse and outdoor storage of equipment for the Police Department. _ Zoning Existing Land Use Future Land Use Site "B -4" General Business District Commercial Commercial North "R -1C" One- family Dwelling District Low Density Residential Commercial South Outside City Limits (OCL) Vacant Medium Density Residential East "B -4" General Business District Vacant Commercial West "B-4" General Business District Vacant Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Westside Area Development Plan and is planned for commercial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for commercial uses. However, a modification to the plan is acceptable due to surrounding industrial and business districts in close proximity. Map No.: 051,037 Zoning Violations: None —1 27— City Council Zoning Report Case #:0710 -01, Proportional Prosperity, LLC Page 2 Staff's Summary: • Background: This case recommendation is based on a previous zoning case # 0109 -05, which approved a Special Permit for outdoor storage. The applicant is currently pursuing a process of a long term lease with the City as a warehouse and outside storage use for the Police Department. The subject property was rezoned with a special permit on April 21, 2009 to allow for outdoor storage uses, subsequently, the property was not used for outdoor uses and the special permit expired on April 21, 2010. • Request: The applicant is requesting a change in zoning to the "I -2" Light Industrial District to convert the facility to a vehicle warehouse and outdoor storage of equipment for the police department. • Existing Land Uses: The subject property is currently a vacant commercial building. Commercial uses are located to the east and west. Low density residential homes exist to the north and to the south is outside the Corpus Christi City Limits (OCL) yet is described as vacant. • Existing Zoning: The subject property is zoned "B -4" General Business District. The purpose of the "B -4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The `B -4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; in which case a 10 -foot side and rear set back would be required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. • Transportation and Circulation: The subject property has access to Saratoga Boulevard and Calle Las Colonias. The Urban Transportation Plans designates Saratoga Boulevard as an A3 Primary Arterial - Divided and Calle Las Colonias as a Cl Minor Residential Collector. Street R.Q.W. Street Existing ROW Planned ROW Urban Transportation Designation Traffic Volume 2008 Saratoga Boulevard 160'/ 54' paved, 4 -Lanes 130 ' Primary Arterial- Divided 13,232 Calle Las Colonias 60'/40' paved, 2 -lanes 60 5 Cl Minor Residential Collector N/A —128— City Council Zoning Report Case # :0710 -01, Proportional Prosperity, LLC Page 3 • Infrastructure Demand: o Water: An 8 -inch water line runs along Calle Las Colonias. o Wastewater: A 10 -inch wastewater line runs along the northern property line. o Stormwater: An 24 -inch stormwater line runs under Calle Las Colonias. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C50. Crime statistics up to 2005 show a decrease from 1,953 crimes committed in 1993 to 1,483 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number 10, located at 1550 Horne Road, approximately 3.5 miles from the subject property. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 89.2% (Gu) "Gullied land" • Slope: 0 to 2 percent • Drainage class: Somewhat excessively drained • Depth to water table: 36 to 72 inches • Frequency of flooding: None • Frequency of ponding: None o Soil Type: 10.8% (Vd2) "Monteola clay, eroded" • Slope: 0 to 5 percent • Drainage class: Moderately well drained • Depth to water table: More than 80 inches • Frequency of flooding: None • Frequency of ponding: None o Wetlands: None o Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 24 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed "I -2" Light Industrial 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. —129— City Council Zoning Report Case #:0710 -01, Proportional Prosperity, LLC Page 4 CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The subject property is an existing commercial use that does not require a more intense district; rather a special permit should be issued. The "B -4" General Business District is not consistent with the future land use. d. WHEN AREAS ARE CONVERTED FROM RESIDENTIAL TO INDUSTRIAL ZONING, ACTIONS TAKEN SHOULD INCLUDE PROTECTING THE REMAINING RESIDENTIAL ENVIRONMENT. There are a number of industrially zoned areas containing housing concentrations that range in size from one -half to several full blocks. Although these areas are not suitable for continued long -term housing, they currently provide much needed housing for residents. If these areas are to be redeveloped for industrial uses, care must be taken to do so in a manner that is sensitive to the interests and needs of the residents. Staff Comment: The subject property will have effective screening, lighting, and landscaping to improve the aesthetics of the project. o WESTSIDE AREA DEVELOPMENT PLAN C.5 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open Space; D) Scale of Design E) Landscaping; and F) Other transitional land uses. Staff Comment: The subject property is a commercial venture with tourist implications; due to the fact of boat repair being the primary use of the property. C.6 — Policy Statement —130— City Council Zoning Report Case #:0710 -01, Proportional Prosperity, LLC Page 5 Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout -out and organization of activities by screening and maintaining buffer areas or zones for their activities. Staff Comment: The subject property will require conditions to allow for an industrial use. Plat Status: The subject property is platted. Department Comments: • This case recommendation is based on a previous zoning case # 0109 -05, which approved a Special Permit for outdoor storage. • The applicant as part of a process of a long term lease with the City as a warehouse use. • The subject property was rezoned with a special permit on April 21, 2009 to allow for outdoor storage uses, subsequently, the property was not used for outdoor uses and the special permit expired on April 21, 2010. Planning Commission and Staff Recommendation: Denial of applicant's request to rezone the subject property to the "I -2" Light Industrial District and in lieu thereof, approval of a rezoning to "B -4 /SP" General Business District with a Special Permit and subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B-4" General Business District is the use of the property for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26 and 27 with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line, which does not impede the security sensors for ingress /egress to the property. 4. Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —131 — City Council Zoning Report Case #:0710 -01, Proportional Prosperity, LLC Page 6 Number of Notices Mailed Total — 30 within 200 foot notification area; 2 outside notification area As of August 11, 2010 Favor Opposition — 4 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial -132- 5. Existing Zoning, Notice area, Ownership 6. Comments from Public Notices 7. Notice Mailing List 8. Smart Growth Principles 9. Ordinance 028128 10. Site Plan ! 1 / 4A • , $E7„ 07 10042 t • 1 ATE/ 2009 ERIAL //, Rr . 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R"3 usrt'E PmsIi,...4eitl 31724: Qrrle meV B61•e0 eti Np lui dre'Fi rlr! .9-mrels O1s111E1, , •dr„loliFid ..IfE geslenld bik. oti Nd : 1,4 Swirl' BiAlrgsi.Olitki . R•TH.' T ie 1rp17hlskr . e3 rdowl.p.jsress 11e11d E13., Elppii Oer1. [ . . Prdew1 g.RhRa.Cre O i. Y1h Tr mei Role Pak. *bd..: Cr xghi$F'eeridclipmsl. •T1Y.l1 rklydrMee;Prok itl 'Frye p6s1•UsFt ' :T- 111o*C Fr .., HlineBkIIl . FN: .H1sUlditiYI.Leilmi • pFSk{d .. • COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0710 -01 Name: Proportional Properties, LLC 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: 25 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 1-1:1PLN- DJR13HARED11 . Planning Commission12010 P02010 Public Comments10710 -01 Proportional Properties, LLC.doc -143- M N M 50 O 888 8 O o N o o Fie o 9 9 b N 000E 2 2 n n A AAA 1 2 2 2 V S91�e 4 A 3! p 888 333 a388 V V V m m m E E s N 556 2 2 2 2 Z 2 a a a moo m xxx M M M —144— 2 N A W N FN O 8 m V m G A W N N 8 O W V 1:. N A w N Y 4 Zy A a A A I A. 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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 increasing populations and growth; and achieving healthy communities that provide families with a clean environment. Zoning Case:0710 -01 From: 'B-4" General Business District To "I -2" Light Industrial District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 0 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail/service? 1 use added 1 x 3 0 Reuses closed, decommissioned, or obsolete institutional uses? Yes ' 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores Yes 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 0 x 3 a range of activities in a small area? No 0 Manages and effectively provides a transition between higher and lower - density Yes 1 neighborhoods? No 0 x 2 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes 1 the community? (condos, townbomes, single - family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed- income developments and/or low- income homeowners and individuals to reduce building costs and uses available resources Yes No 1 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance Yes 1 0 x 3 commutes? No 0 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 0 z. 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 Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes 1 No . 0 x 3 0 —145— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes Iand management techniques, to decrease the amount of pollution entering the water system andijreserve wildlife habitats? 0 Yes No 1 0 x4 0 Does the project implement green building techniques or standards for reducing environmental impacts? Yes No 1 0 x3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a minimum) to replace trees being removed? Yes No 1 0 x3 0 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x3 0 Does it avoid the acquisition and change in use of operating farms or prime farmland? Yes No 1 0 x2 0 7. Strengthens and directs development toward existing communities. Is the project located adjacent to existing infrastructure; roads, water, sewer? Service is; 15 Existing Less than 1/4 mile 1/4 to 1/2 mile 1/x + miles 3 2 1 0 x4 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 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 x3 0 Will the project encourage commercial and retail investment in underserved communities? Yes No 1 0 x3 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 x2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 x2 0 S. Provides a variety of transportation choices. The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? The project within walking distance to public transit? (Within 1,000 ft) 6 3 modes 2 modes 2 1 x3 3 Yes No 1 0 x3 3 9. Makes development decisions predictable, fair and cost effective. 3 The project is consistent with the Future Land Use Map and Comprehensive Plan? Yes No 1 0 x2 0 The project is consistent with the Area Development Plan? Yes No 1 0 x2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 0 x3 3 Will the project design incorporate systems for reducing storm water runoff or provide onsite retention? Yes No 1 0 x3 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 x3 0 Point Grading System: Smart Growth Rating Total Points 24 C 0 -20 pts = * ®21 -39 pts.= ** ❑ 40 -59 pts = LI 60 -79 pts = * * * * n 80 -100 pts = —146— Page 1 of 4 AN ORDINANCE 0 2 8 9 (Q�� ''t\ AMENDING THE ZONING ORDINANCE, UPON APPLICAIANV,. BY PROPORTIONAL PROSPERITY, L.L.C., BY CHANGING H :_ ZONING MAP IN REFERENCE TO LAS COLONIAS SUBDIVISION UNIT 4, BLOCK 1, LOTS 25, 26, AND 27, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT SO THAT THE EXISTING BUILDING, AND SPECIFICALLY, THE ASSOCIATED OUTDOOR STORAGE USE, CONFORMS TO THE ZONING, SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Proportional Prosperity, L.L.C.,for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 4, 2009, during a' meeting of the Planning Commission, and on Tuesday, April 21, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26, and 27, located at the northeast corner of Saratoga and Calle Las Colonias, approximately 1/2 mile east of Greenwood Drive, from "B-4" General Business District to "B -4 /SP" General Business District with a Special Permit so that the existing building, and specifically, the associated outdoor storage use, conforms to the zoning, subject to a site plan, attached, and six (6) conditions. (Zoning Map 51037) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is the use of outdoor storage. The outdoor storage shall be located on Lots 26 and 27 (Las Colonias H:1LEG- DIR\Shared \LEGAL- DEV.SVCS12009 Agendal4- 21101C] rzpning0109- 05ProportionalProsperity B-4 -special permit.doc k,t6 Page 2 of 4 Subdivision, Block 1) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. B. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line which does not impede the security sensors for ingress /egress to the property. C. Dumpster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. D. Lighting: Security lighting shall be non- directional and shielded from the residential development to the north (i.e. Los Colonias Subdivision). E. Landscaping: Provide five oleanders on 5 foot centers along the frontage of Lots 26 and 27. This also includes a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthorne along the southwest corner of Lot 25. Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 27B -11.A (11) of the Corpus Christi zoning Ordinance. All landscaping shall not be located within utility easements and/or Right-of-Way areas. F. Time Limit: This Special Permit expires. one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. It: 1LEG- DIR \SharedILEGAL- DEV.SVCS12009 Agenda14 -21\9 - oning0109- 05ProportianalProsperity B-4- special permit.doc Page 3 of 4 SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of April, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 1.3, 2009 eborah Walther Brow Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi H:I LEG- DIR\SharedIEGAL- DEV.SVCS12009 Agenda14- 211ORD- onirsgO109- 05ProportionalProsperity B-4- special perrnit.doc —149— Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Ilwe, 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1 LEG- DIR1Shared1LEGAL- DEV.SVCS12009 Agenda\ 4- 211ORD- zoning0109- 05PropartionalProsperity B-4- special permit.doc —150— Planning Commission Recommendation To: Approval of a Special Permits subject to a site plan and Six (6) Conditions Ordinance No. -1 exhibit A i f -P -r„ ) -152 - Exhibit B • SARATOGA (SH 357) RIGHT -OF -WAY VARIES VOL 271 PG 451 DEED RECORDS NUECES COUNTY, TEXAS z JOB NO. R8009 fl AYM•ao 1.Hp1 .09 SYIN010D SV 13l1VD t 1 1 g 8 6 4z iv P. 14i Ell 2 = 1 4 '0 _e El J£ o 12 >> e ua fa u E —153— N29°00'111"E 312.15 (MEASURED)I 2 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall July 7, 2010 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales, P.E., Assistant City Manager, A. Javier Huerta, Vice - Chairman Absent Engineering & Development Services James Skrobarczyk Andrew Dimas, City Planner John C. Tamez Miguel S. Saldana, AICP, Senior City Planner Johnny R. Martinez Robert Payne, AICP, Senior City Planner Evon J. Kelly Deborah Brown, Assistant City Attorney Govind Nadkarni Ashley Satterfield, Recording Secretary Mark Adame Janysse Delgadillo John Taylor Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:32 p.m. C. ZONING 1. New Zoning b. Case No. 0710 -01 Proportional Prosperity, LLC: A change of zoning from the "B-4" General Business District to the "I -2" Light Industrial District resulting in a change of Iand use from general business to light industrial use The property to be rezoned is 2.12 acres of Las Colonias, Unit 4, Block 1 Lots 25, 26, and 27 located at 1302 Saratoga on the northeast corner of Saratoga Blvd and Calle Las Colonias Dr. Andrew Dimas, Development Services, presented New Zoning item "b" Case No. 0710 -01 via Apple Keynote, stating the applicant is requesting a change of zoning from the "B -4" General Business District to the "I -2" Light Industrial District. The purpose of the request is to convert the land into a specialty vehicle storage facility for the Corpus Christi Police Department. The property is located outside the city limits passed Saratoga. Mr. Dimas stated the case was based on a previous case heard back in January 2009 which approved a Special Permit for outdoor storage. The applicant has participated in a long -term lease with the city to use this building as a warehouse for specialty vehicles including SWAT Team vehicles, bomb squad, marina vehicles used by the Police Department, oxygen tanks, and Homeland Security vehicles. Andrew Dimas stated staff's denial of applicant's request to rezone the subject property to the "I -2" Light Industrial District in lieu thereof approval of a rezoning to "B -4 /SP" General Business District with a Special Permit and subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -4" General Business District is the use of the property —154— Planning Commission Minutes July 7, 2010 Page 2 for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26 and 27 with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line, which does not impede the security sensors for ingress /egress to the property. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5.Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Mr. Dimas stated that the original Special Permit had screening and landscaping problems. The conditions are to ensure the safety of the single family homes to the north and adjacent of the subject property. Thirty (30) notices were mailed to surrounding residents. Three (3) came back in favor from the subject property owner and zero (0) came back in opposition. In response to Commissioner Skrobarczyk, Mr. Dimas restated the intended use of the subject property as being a specialty storage facility for operational city vehicles. The public hearing was opened. Marco Gamboa, subject property owner, carne forward. Mr. Gamboa stated his concerns regarding the characteristics surrounding the subject property. Mr. Gamboa mentioned the five separate locations between the subject property and Crosstown Expressway where "I -2" is directly adjacent to residential zoning districts. The public hearing was closed. In response to Commissioner Skrobarczyk, Mr. Gamboa stated that he did not know if the Special Permit with the conditions would suit his needs. Commissioner Skrobarczyk responded by stating an "I -2" is hard to receive when the property is adjacent to residential. Chairman Garza added that the Planning Commission has never issued an "I -2" next to residential settings. In response to Chairman Garza, Mr. Gamboa stated the purchase of a 4,800 square foot metal building that corresponds to the project that had begun last year. In response, Chairman Garza addressed the staffs recommendation of allowing warehousing through the Special Permit -155- Planning Commission Minutes July 7, 2010 Page 3 with conditions. Mr. Gamboa stated he plans to build another 5,000 square foot building on the property. Mr. Gamboa expressed concerns about receiving a building permit. In response to Mr. Gamboa, Mr. Payne stated the first condition in the Special Permit limited the amount of outside storage to two (2) lots. The indoor use of a warehouse is allowed on the property. Chairman Garza added that a metal building does not constitute as warehouse necessarily. Chairman Garza inquired about the duration of time it would take Mr. Gamboa to complete the project, therefore the Special Permit may be modified to where the expiration is not until the completion of the project. In response, Mr. Gamboa stated that the completion could be done in twelve (12) weeks if no setbacks occurred with Development Services. Mr. Perales stated no concerns regarding the case at the present time and the full granting of the zoning change will take place through City Council actions. Mr. Payne stated that the building requirements would have to be met before construction of the building took place. In response, Mr. Gamboa stated his understanding of the requirements. Commissioner Skrobarczyk stated that previously, the subdivision had concerns of sidewalks. Commissioner Skrobarczyk referenced the drainage ditch east of the property. Commissioner Skrobarczyk questioned the pedestrian accessibility from Saratoga. In response, Chairman Garza stated that sidewalks were not present in the area. In response to Commissioner Skrobarczyk, Mr. Dimas stated that a Special permit becomes expired if the premises are vacant for more than twelve (12) months. Commissioner Skrobarczyk asked if the twelve (12) month regulation was universally listed on Special Permits. In response, Ms. Brown recited the ordinance associated with Special Permits. The expiration issued expires when the uses of the property stop. Mr. Payne added that expired Special Permits are removed from the zoning maps. Commissioner Skrobarczyk requested further information on the process of modifying the wording on the Special Permit and ordinances. Commissioner Skrobarczyk went on to voice his concern of the open language on the final permit. Ms. Brown stated that no date can be provided for the Special Permit. In response, Commissioner Skrobarczyk stated that the owner (s) should be notified. Mr. Payne reiterated that the ordinance would not provide a date but the applicant should be notified as they are receiving the building permit for construction. Ms. Brown stated the provision added a chance to make a motion for an extension through the council. Additionally, Ms. Brown stated she would add the additional provision for clarification issues. In response, Commissioner Skrobarczyk requested that all Special Permits include the additional provision. The public hearing was closed. Motion to approve new zoning item "b" was made by Commissioner Tarnez and seconded by Commissioner Martinez. Motion passed unanimously with Vice - Chairman Huerta being absent. In abstention: Commissioner Nadkarni, Commissioner Adam. -156- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PROPORTIONAL PROSPERITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.12 ACRES OF LAS COLONIAS, UNIT 4, BLOCK 1, LOTS 25, 26, AND 27, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW THE USE OF A WAREHOUSE WITH OUTDOOR STORAGE, SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Proportional Prosperity, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 7, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 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 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26, and 27, located at 1302 Saratoga on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive, from "B4" General Business District to "B-4/SP" General Business District with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a site plan, attached, and five (5) conditions. (Zoning Map 051037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -4" General Business District is the use of the property for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26, and 27 with a setback of 50 feet from H; ILEG- DIR1SharedIEGAL- DEV.SVCS12010 Agenda\B- 241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B- 4SP.Doc —157— Page 2 of 4 the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line, which does not impede the security sensors for ingress/egress to the property. 4. Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H: 1LEG- DIRISharedIEGAL- DEV.SVCS12010 Agenda18- 241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B- 4SP.Doc —158— Page 3 of 4 SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 Oreborah Walther B ear Assistant City Attom For City Attorney H:I LEG- DIR1Shared1LEGAL- DEV.SVCS12010 Agenda18-241CA E�Iy,O. 0710 -01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To 8- 4SP.Dac `J Page 4 of 4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: ILEG- DIR1SharedlLEGAL- DEV.SVCS12010 AgendalB- 241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4 To B- 4SP.Doc —1 6 0— IA 33 SUBJECT PROPERTY at DP1)37r ear or CASE: 0710 -0 EXHIBIT B PLANNING COMMISSION Sr STAFF RECOMMENDATION From: B4 To: B,4 /SP IrOCATION 44AP szirwrio* trvigAst;RET.3) N291- 1011TE 312.15 (MEASURED) RANNOUH711111 SVINO1OD Skirl 311YD t 4 I 1 Ittitt- 1 ;ilk trfgIttl ; C 1,1 d 4 tr ✓ 11 P P % t al El gl gl &I MI IA 1; 0 11 g ! , Z i ! -162- 11 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: August 24, 2010) Case No. 0710 -02: August 11, 2010 Chris Mandell, applicant for Horton Automatics, a division of Overhead Door: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of land use from a light industrial use to a heavy industrial use. The property to be rezoned is approx. 2,612 sqft. out of Corpus Christi Industrial District Section 2, Block 9, Lot X -3, approximately 400 feet north of the intersection of Airport Rd. and Baldwin Boulevard, located at 4242 Baldwin Blvd. PLANNING COMMISSION AND STAFF RECOMMENDATION (July 21, 2010): Planning Commission and Staff recommended denial of an `1 -3" Heavy Industrial District and in lieu thereof, approval of an `1 -2" Light - Industrial District with a Special Permit for the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank with a site plan and the following four (4) conditions: 1. Uses: All uses allowed in the "1 -2" Light Industrial District plus the installation and operation of one (1), 2,400 gallon, UL2085, above ground fuel storage tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 1 year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staff's Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change in zoning from "1 -2" Light Industrial District to "1 -3" Heavy Industrial District for the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank. Existing Land Uses: The subject property is designated commercial with a small portion of vacant. To the north and west, light industrial land uses are located. To the east is commercial and low density residential properties. To the south is currently designated as vacant. Existing Zoning: The purpose of the "1 -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the -165- Agenda Memo Case No. 0710 -02 Chris Mandell, applicant for Horton Automatics, a division of Overhead Door Page 2 property abuts a residential district; in which case a 10 -foot side and rear set back would be required. The "1- 2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. Proposed Zoning: The "1 -3" Heavy industrial District provides for industrial operations of all types except that certain potentially hazardous industries. Uses such as above - ground fuel tanks, require additional review processes and must be reviewed and approved through the City's Zoning Board of Adjustment, to assure protection of the public interest and surrounding property and persons. Juan Perales, Jr /, P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp @cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) -166- CITY COUNCIL ZONING REPORT Case No.: 0710 -02 Planning Commission Hearing Date: July 21, 201 Applicant & Legal Description Applicant: Chris Mandell Owner: Horton Automatics, a division of Overhead Door Representative: Chris Mandell Address: 4242 Baldwin Boulevard Legal Description/Location: Approx. 2,612 sq ft. out of, Corpus Christi Industrial District Section 2, Block 9, Lot X -3, approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 6.29 acres. Purpose of Request: The applicant is requesting a change in zoning from "1 -2" Light Industrial District to "1 -3" Heavy Industrial District for the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank. Zoning -Land Use Analysis Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Commercial/Vacant Light Industrial North "I -2" Light Industrial District Light Industrial Light industrial East "B-4" General Business District "R -1B" One - family Dwelling District Commercial/Low Density Residential Commercial/Low Density Residential South "I -2" Light Industrial District Vacant Light Industrial West "I -2" Light Industrial District Light Industrial/ Light Industrial ADP, Map & Violations Area Development Plan: This tract of land is located in the Westside Area Development Plan and is planned for light industrial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for light industrial uses. Map No.: 049,043 Zoning Violations: None City Council Zoning Report Case ## :0710 -02, Chris Mandell Page 2 Staffs Summary: • Request: The applicant is requesting a change in zoning from "I -2" Light Industrial District to "I -3" Heavy Industrial District for the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank. • Existing Land Uses: The subject property is designated commercial with a small portion of vacant. To the north and west, light industrial Iand uses are Iocated. To the east is commercial and low density residential properties. To the south is currently designated as vacant. • Existing Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; in which case a 10- foot side and rear set back would be required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. • Proposed Zoning: The "I -3" Heavy Industrial District provides for industrial operations of all types except that certain potentially hazardous industries. Uses such as above - ground fuel tanks, require additional review processes and must be reviewed and approved through the City's Zoning Board of Adjustment, to assure protection of the public interest and surrounding property and persons. • Transportation & Circulation: The subject property has access to Baldwin Boulevard and Airport Road. Currently, Baldwin Boulevard is an Al, Minor Arterial Undivided and Airport Road is designated as a Cl, Minor Residential Collector. Street R.O.W. Street Urban Transportation Plan Type Existing ROW Planned ROW Traffic Volume 2008 Baldwin Boulevard Al, Minor Arterial Undivided 95'/64' paved, 4 -lanes No Change 8,983 Airport Road Cl, Minor Residential Collector 95'/64' paved, 4 -lanes No Change N/A • Infrastructure Demand: o Water: An 8 -inch water line runs along Baldwin Boulevard. o Wastewater: An 8 -inch wastewater line runs along Baldwin Boulevard. o Stormwater: A 27 -inch stormwater line runs along Baldwin Boulevard. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D40. Crime statistics up to 2005 indicates a downward trend from 1,131 crimes committed in 1993 to 895 in 2005. The last year for which statistics are available is 2005. -168- City Council Zoning Report Case #:0710 -02, Chris Mandell Page 3 o Fire: The closest Fire Station is number 5, located at 3312 Leopard Street, approximately 1.4 miles from the subject property. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard a Soil Type: 97.2% (Gu) "Urban Land" o Soil Type: 2.8% (VcA) "Victoria Clay" • Slope: 0 to 1 percent • Drainage class: Well drained • Depth to water table: More than 80 inches • Frequency offloading: None • Frequency ofponding :• None o Wetlands: None o Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 25 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed "I -3" Heavy Industrial 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. CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The subject property is an existing commercial use that does not require a more intense district; rather a special permit should be issued. The "I-3" Heavy Industrial District is not consistent with the future land use. o WESTSIDE AREA DEVELOPMENT PLAN • C.6 —Policy Statement Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (including noise, air pollution, visual blight, etc.) by means of property Iayout and organization of activities by screening and maintaining buffer areas or zones for their activities. -169- City Council Zoning Report Case #:0710 -02, Chris Mandell Page 4 Staff Comment: The subject property is buffered by two major streets, surrounding light industrial and commercial uses, and a significant distance from the nearest low density residential dwellings. Plat Status: The subject property is platted. Department Comments: • The Fire Marshall has reviewed the application and has no objections to the rezoning request. Planning Commission and Staff Recommendation: Denial of an "I -3" Heavy Industrial District in lieu thereof approval of an "1 -2" Light - Industrial District with a Special Permit for the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank with a site plan and the following four (4) conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus the installation and operation of one (1), 2,400 gallon, UL2085, above ground fuel storage tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 1 year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. oacle Mailed Notices: 31 within 200 foot notification area; 3 outside the 200 foot radius — 2 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Favor Opposition As of August 11, 2010 Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial 5. Site Plan 6. Metes and Bounds —170— 7. Existing Zoning, Notice area, Ownership 8. Comments from Public Notices 9. Notice Mailing List 10. Smart Growth Principles CASE: 0710-02 1. SITE- 2009 AERIAL Refer to Map 2 forNethborhood Existing Land Use. A iso available at www.cctexas.00m -171- VAPA IMO gr� CASE: 0710-02 2.a. NEIGHBORHOOD • EXISTING LAND USE m Estate Residential - ER M] 1.40t Indastrial -LI Low Denstly Res. -LQR >' Mew BE Md Dewily fans. -NOR MIN Alba Send- blic • PSP - b Dexsrly Res. • MDR MI PR* M bik tbme - AIN image Corridor -DC VAC Vacant -VAC Corrserratior/fteserration - CP Professional Cffice -PO 0 inter - Commercial • COM -173- m CASE: 0710 -02 2.b. SITE- EXISTING LAND USE Estate Residential - ER Mfg Low &nsny Res, •LDR mg NM &logy Res. -MDR lig D rtaNy Res. - MAR 11llwdi Hem • MI Vacant -VAC Professional Office -PD Commercial • COW VAC rwA ram Light Industrial •Ll l*a'. y inkrstrial -l11 ® PM* Semi•PibLC - PSP IN Pa* Drakage Corridor -DC 1 ibaserratiom /Preservatiarr • CP n Kiefer I p Scale: 7:2,400 -175- CASE. 0710-02 3. SITE- FUTURE LAND USE Agrlcultu railRu rai - AR Estate R esidential • ER Mj Low Density Res. • LOR Med Density Res.- MDR - Nigh Den sifyRes.-NOR Mobile Home • 111111 Vacant- VAC Prot' Office • PO — Commercial - CO114 ER 1VAC.� Fran, norfation Plan sung AVOW affERIESP Expressways swag' - Arterials -�--� - Collectors i Parkway 4'6666 Railroad '*T^T - Tourist - TOR ® Re se arch ISasiness Park - R8P Light In dustrral - Ll Heavy 'industrial - Hd - Public Semi•Public - PSP - Park Drain age Corridor - DC Dredge Placement - DP Water Conservation /Preservation - CP Est Map Scale: 1:2,4470 -177- RA CTS f O.US 2-A 20 �} 1 OR 0 9 }r u) N eg CASE: 0710-02 4. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -1 Aparhen!House Milo! A -IA A-pakten' House Dlslkl A3 Apafienl Havre Dlslkl AB Pro*sala mi OsFQ DB BICI AT ApatMen•7oulsl ['Ulric! B -1 Neighborhood (Ruiners Dlslkl I -fA NelDhhethood BUHners Meat! B4 Bruton! Dullness Dlslkl B -24 Banks Bland Bissnes; Dlslkl B -3 Bustlers DlstlC! B -4 Bi 11.6 B D F -R RC General Burhero Dlsllel Pdmay ludntry DlsBkf Pdmay lurIno-ssCote DIPHcl Cap, OltliI leach Hest! n mi. F am Reral Dl tIcl His fakal•Ct keel Iatdm t Prewu I n I.1 Lin I led Maus as His I1d 12 Gil I W Mal DIP PIM I.3 Her. h1w I BMW' PI-311D PI�IK'd Un11 Deaelopmenl R -IA One 'only DwelFg Detld R -1B One Fatly DweIIg DD R -IC One Feoly DikeI Detld Mtflple Marti DlsMei One Famly Dwellnq DIPI1el Rtsidenlal EPl71e D]xllel 7ewnnow 11 iIIrB D1Ptld medal Peemlf 7taxl 7tallet Pal DB t1cl Mmxdr-llled Home PtreR DDB1ct Max leil Home 36d11. *Ion Dlslkl RA RE 3P T -IA T-111 T-10 S�11j M.rtm �ihie'S 4 Mcbeclome.sh0 MIVe A .1 op WM:, SWJECT PROPERTY !LOCATION MAP -179- STE ,0")>c) s'*•\.c\ MURRAY BASS, JR. PROPOSED GENERATOR/ FUEL TANK SITE HORTON AUTOMATICS, INC. - APPLICANT Prepw d by. Sass & Welsh Engineering 3054 So, Alameda St. Corpus Christi. Tx. 78404 (361) 882 --5521 (phone) (361) 882 -1265 (fax) FIRM REGISTRATION NO. F -52 ITE P LA-tt- Job No: 10045 Scale: - ' •/10/2010 Drawing No: 100 Plotscal • MURRAY BASS, JR., P.E,R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com 3054 S. ALAMEDA, ZIP 78404 PH. 361 882- 5521 -- FAX 361 882 -1265 e -mail: murravir([laoI.com e -mail: nixmwPaol.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 June 10, 2010 Field Note Description Generator/Fuel Tank Site Being a tract situated in Corpus Christi, Nueces County, Texas a portion of Lots X -3, Block 9, Corpus Christi industrial District, Section 2, as shown on the plat thereof recorded in Volume 61 at Page 134 of the Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: Commencing at the intermediate comer located in the northeast boundary of Lot X -3, whence the northeast corner of Lot X-3 bears S 65 °48'00" E at 296.59 feet THENCE S 65 °48'00° E along the northeast boundary of Lot X-3 a distance of 87.31 feet; THENCE S 2492'00° W a distance of 12.62 feet to a point for the POINT OF BEGINNING and the northeast comer of this tract; THENCE SOUTH a distance of 45.75' to a point for the southeast comer of this tract; THENCE WEST a distance of 57.09 feet to a point for the southwest comer of this tract; THENCE NORTH a distance of 45.75 feet to a point for the northwest comer of this tract; THENCE EAST a distance of 57.09 feet to the POINT OF BEGINNING forming a tract embracing 2,612 feet (0.034 acres). Note: Description is based upon referenced Map of Record. 10045 -Field Note Desc.doc —182— y Bass, Jr., R.P.L.S. COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0710 -02 Name: Chris Mandell 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: 2 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 M. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 W. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:IPLN- DIRISHAREDI1. 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W W N N N N N N r 40 40 40 40 40 34 40 4.4 4.1 40 4.1 40 /14 44 4.4 40 Z0-OILO EVE ✓ W O V O O mm 0 0 N N Z0-OtLO ZE'£ T Z553800V 11V931 E dIZ L 31VJS SMART GROWTH COMPARISON: ATTACHMENT 8 Polices listed below are taken from "Getting to Smart Growth !1: 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 increasing populations and growth; and achieving healthy communities that provide families with a clean environment. Zoning Case:0710 -02 From: "I -2" Light Industrial District To "I -3" Heavy Industrial District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. _ 0 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 _ employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail/service? 1 use added 1 x 3 0 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue Yes 1 0 x 3 a range of activities in a small area? NO 0 Manages and effectively provides a transition between higher and lower - density Yes 1 neighborhoods? No 0 x 2 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes 1 the community? (condos, townhomes, single- family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low - income homeowners and individuals to reduce building costs and uses available resources Yes No 1 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 3 range in pricing available for varying income levels for sale or lease? No 0 x 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, comer stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long - distance Yes 1 0 x 3 commutes? NO 0 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 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 Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x 3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x 3 0 -185- 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 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 entering Yes No 1 0 x 4 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 3 minimum) to replace trees being removed? No 0 x 0 Provides community green open space or includes useable green space for outdoor Yes 1 x 3 recreation and preserves views of scenic, historic or cultural areas? No 0 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 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 'A mile 2 x 4 'A to V2 mile 1 + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 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 Yes 1 x 2 historically declining school enrollment? No 0 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 3 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 3 9. Makes development decisions predictable, fair and cost effective. 3 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 0 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 0 x 3 3 Will the project design incorporate systems for reducing storm water runoff or provide onsite retention? Yes No 1 0 x 3 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes 1 x 3 0 Point Grading System: Smart Growth Rating Total Points 25 0 -20 pts = * ® 21 -39 pts.= ** ❑ 40 -59 pts = [� 60 -79 pts = * * * * U 80 -100 pts = —1 .i6- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall July 21, 2010 5:30 P.M. COMMESSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Absent Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Section Andrew Dimas, City Planner Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Veronica Ocanas, Assitant City Attorney Ashley Satterfield, Recording Secretary Janysse DeIgadillo Si usted quiere dirigirse a la comision y su inglds es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle L CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. C. ZONING 1. New Zoning a. Case No. 0710 -02 Horton Automatics: A change of zoning from the "I -2" Light Industrial District to the "I -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial use The property to be rezoned is 6.29 acres, Corpus Christi Industrial District Section 2, Block 9, Lot X -3, approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard Andrew Dimas, Development Services, presented New Zoning item "a" Case No. 0710 -02 via PowerPoint, stating the applicant is requesting a change of zoning from the "I -2" Light Industrial District to the "I -3" Heavy Industrial District. The purpose of the request is for the installation and operation of one (1) 2,400 gallon UL2085, above ground fuel storage tank. Staff recommended denial and in lieu thereof, approval of "I -2 /SP" Light Industrial District/Special Permit with four (4) conditions. In response to Commissioner Skrobarczyk, Mr. Dimas stated the 6.29 acres constitutes as the entire property. Public hearing was opened. Chris Mandell, the applicant, came forward and stated he was present to answer questions. In response to Commissioner Skrobarczyk, Mr. Mandell stated the company would not have issues with receiving the Special Permit for the tank without rezoning the entire property. Vice -Chair Huerta inquired whether the area had been defined regarding the Special Permit. Mr. Dimas stated Lot X -3 was to be entirely rezoned. The Special Permit does not cover —187— Planning Commission Minutes July 21, 2010 Page 2 just a small portion of Lot X -3. In response, Faryce Goode -Macon stated the approval of the Special Permit comes with a specific site the tank will be placed. In response to Commissioner Skrobarczyk, Ms. Goode -Macon stated the houses on Airport Road are quite a distance from the subject property and zoned as `B -4" General Business District. Mr. Dimas added there is only one (1) single - family residence near the subject property. The surrounding homes have transitioned into businesses and so forth. Public hearing was closed. Motion to approve staff's recommendation per site plan was made Commissioner Skrobarczyk. Commissioner Skrobarczyk asked the applicant if the one year time limit was adequate for the project. Mr. Mandell agreed to the one year time limit be adequate for the project. The motion was seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. -188- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CHRIS MANDELL, APPLICANT FOR HORTON AUTOMATICS, A DIVISION OF OVERHEAD DOOR, BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY 2,612 SQUARE FEET OUT OF CORPUS CHRISTI INDUSTRIAL DISTRICT SECITON 2, BLOCK 9, LOT X -3, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I-2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW INSTALLATION AND OPERATION OF ONE (1), 2,400 GALLON, UL2085, ABOVE GROUND FUEL STORAGE TANK, SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Chris Mandell, applicant for Horton Automatics, a division of Overhead Door, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 21, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 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 approximately 2,612 square feet out of Corpus Christi Industrial District Section 2, Block 9, Lot X -3, approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard, from "1 -2" Light Industrial District to "1 -2 /SP" Light industrial District with a Special Permit to allow the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank, subject to a site plan, attached, and four (4) conditions. (Zoning Map 049043) (Exhibit A) H: 1LEG- DIR1Sharedhl_EGAL- DEV.SVCS12010 Agenda18- 241CAASE NO. 0710-02 HORTON AUTOMATICS107100212 To 12SP.Doc —189— Page 2 of 4 SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 1. Uses: All uses allowed in the "1 -2" Light Industrial District plus the installation and operation of one (1), 2,400 gallon, UL2085, above ground fuel storage tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs H: 1LEG- DIR1Shared\LEGAL- DEV.SVCS12010 Agenda18- 241CASE NO. 071042 HORTON AUTOMATICS1071002 [2 To 12SP.Doc —190— Page 3 of 4 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: 9/ !8 , 2010 eborah Walther Assistant City A For City Attorney H: ILEG- D1RISharedlLEGAL- DEV.SVCS12010 Agenda18- 241CA$ 9Np. 0710 -02 HORTON AUTOMATICS107100212 To 12SP.Doc Page 4 of 4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: ILEG- DIRISharedILEGAL- DEV.SVCS12010 Agenda\$- 241CAM0. 0710 -02 HORTON AUTOMATICS1071002 12 To 12SP.Doc Iits ST.OA" GI F '.RAGTS 1 C E DUST °1 I. DI Y 1 2 -A r 12 SUBJE PE CA$E: 0710 -02 EXHIBIT A PLANNING COMMISSION & RECOMMENDATION From: l -2 To: I -218P ORDINANCE NO. a')› NS� PROPOSED GENERATOR/ FUEL TANK SITE HORTON AUTOMATICS, INC. — APPLICANT ervame Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361)$882 -1265 (fax) ) FIRM REGISTRATION NO. F -52 SITE PLAN -194 Sheet of 2 MURRAY BASS, JR., P.Fs., R.F.LS. NIXON M. WELSH, P.£:, R.P.LS. www.basi- welsh.com 3054 S. ALAMEDA, Zip 18404 PH. 361 882-5521— FAX 361 882 -1265 a -mail: murravirOit_olsom c -matt: gixmwteaol.coni BASS & WELSH ENGINEERING P.O. Box 6397 Carpus Christi, TX 78466 -6397 June 10, 2010 Field Note Description Generator/Fuel Tank Site Being a tract situated in Corpus Christi, Nueces County, Texas a portion of Lots X-3, Block 9, Corpus Christi Industrial District, Section 2, as shown on the plat thereof recorded in Volume 61 at Page 134 of the Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: Commencing at the intermediate comer located In the northeast boundary of Lot X-3, whence the northeast corner of Lot X-3 bears S 65 °48'00` E at 296.59 feet; THENCE S 65 °48'00° E along the northeast boundary of Lot X-3 a distance of 87.31 feet, THENCE S 24 °12'00' W a distance of 12.62 feet to a point for the POINT OF BEGINNING and the northeast comer of this tract; THENCE SOUTH a distance of 45.75' to a point for the southeast comer of this tract THENCE WEST a distance of 57.09 feet to a point for the southwest corner of this tract; THENCE NORTH a distance of 45.75 feet to a point for the northwest comer of this tract THENCE EAST a distance of 57.09 feet to the POINT OF BEGINNING forming a tract embracing 2,612 feet (0.034 acres). Note: Description is based upon referenced Map of Record. 10045 -Field Note Desc.doc —195— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 24, 2010 AGENDA ITEM: Option 1- A. Resolution directing City Manager to present an Ordinance for City Council consideration on August 31, 2010 to establish the effective tax rate of $0.591301 per $100 valuation with a maintenance and operation rate of $0.382454 per $100 valuation and a debt service rate of $0.208847 per $100 valuation. Option 2- B. Ordinance setting a property tax rate of $0.582269 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2010 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable, and declaring an emergency. C. Ordinance amending the FY 2010 -2011 operating budget adopted by Ordinance 028683 by increasing the estimated revenues for ad valorem taxes in Fund 1020 General Fund by $409,138 and decreasing the estimated revenues for ad valorem taxes in Fund 2010 Debt Service Fund by $1,468,468; and declaring an emergency. ISSUE: The Texas Property Tax Code states that the governing body of the taxing unit should adopt a property tax rate before the later of September 30th or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rate needed to support the city's debt service and the rate needed to support the city's maintenance and operations expenditures. Additionally, Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. The Nueces County Tax Assessor should have the certified levy calculation completed by the end of September, at which time it will be presented for City Council approval. This agenda item being presented is comprised of two options. The first option is represented by the resolution noted in Part A. This option is staffs recommendation to adopt the effective tax rate of $0.591301 per $100 valuation based upon the same distribution percentage between maintenance and operations and debt service as was presented in the FY 2010 -2011 adopted budget. The split being recommended is $0.382454 for maintenance and operations and $0.208847 for debt service. Adopting this debt service rate allows the City to produce capacity in the Debt Service Fund which can be used in FY 10 -11 to issue up to $44,000,000 of certificates of obligation which can be used to fund the utility work related to the Bond 2008 street projects. It is anticipated that this option would result in the lowering of future utility rates by approximately 2% beginning in FY 2012 -2013. —1 9 9— It should be noted that the debt service rate published on August 1, 2010 in the Corpus Christi Caller -Times listed a rate of $0.197138 per $100 valuation, and so if this option is adopted, then the City would need to republish the Effective Tax Rate notice in the Corpus Christi Caller -Times with the revised debt rate - prior to the City Council taking action to adopt the tax rate. The notice could be re- advertised in the Sunday, August 29, 2010, Corpus Christi Caller -Times so that City Council action could be taken on August 31, 2010. The second 'option is represented by Parts B and C of this agenda item and is proposing to adopt the tax rate used to prepare the FY 2010 -2011 adopted budget ($0.582269 per $100 valuation). The maintenance and operations rate and debt service rate, however, would be shifted to adopt the debt service rate previously published. The rates being proposed are $0.385131 per $100 valuation for maintenance and operations and $0.197138 per $100 valuation for debt service. Part C of this agenda item is needed to amend the ad valorem tax revenue in the FY 2010 -2011 operating budget by an additional $409,138 for maintenance and operations in the General Fund and by decreasing $1,468,468 for debt service in the Debt Service Fund. The FY 2010 -2011 adopted budget assumes the property tax rate for the Debt Service Fund to be $0.205657. Since the debt service rate was computed to be $0.197138 per $100 valuation as part of the effective /rollback tax rate computations, by making this change, the property tax rate in the General Fund would be increased from $0.376612 to $0.385131 per $100 valuation and would be decreased in the Debt Service Fund from $0.205657 to $0.197138 per $100 valuation, respectively, in accordance with the effective /rollback tax rate calculations. It should be noted that the maintenance and operations rate of $0.385131 per $100 valuation is below the rollback maintenance and operations rate of $0.408073 per $100 valuation. REQUIRED COUNCIL ACTION: Selection of either Option 1 (Part A of the agenda item) or Option 2 (Parts B and C of the agenda item). • Option 1 is the adoption of the effective tax rate based upon the same distribution percentage between maintenance and operations and debt service as was presented in the FY 2010 -2011 adopted budget. This would require approval of the resolution noted in Part A and the republication of the Effective Tax Rate notice. • Option 2 is the adoption of the ad valorem tax rate of $0.582269 per $100 valuation utilized in the FY 2010 -2011 adopted budget but changes the split between maintenance and operations and debt service to $0.385131 and $0.197138 per $100 valuation, respectively. This would require approval of Parts B and C of the agenda item. PREVIOUS COUNCIL ACTION: July 20, 2010 — City Council adopted the City budget for fiscal year 2010 -2011 based on the effective tax rate. The proposed effective property tax rate of $0.582269 per $100 valuation was included in the adopted budget. FUTURE COUNCIL ACTION: September 28, 2010 or October 12, 2010 — City Council to approve the 2010 Tax Levy based on the adopted tax rate. (Date subject to receipt from Nueces County Tax Office.) CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopts Option 1 - the effective property tax rate of $0.591301 per $100 valuation for tax year 2010 and republication of the effective tax rate notice on August 29, 2010. J Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachment: Background Information BACKGROUND INFORMATION The fiscal year (FY) 2010 -2011 budget approved by City Council on July 20, 2010 included a proposed property tax rate of $0.582269 per $100 valuation -- which was assumed to be the effective tax rate. However, staff mentioned during the budget deliberations that if the City's net assessed property values decreased from the preliminary numbers that we received from the Nueces County Appraisal District, then the effective tax rate would be increased. On July 22, 2010, the Nueces County Appraisal District submitted to the City the Certified 2010 Appraisal Roll. The final net assessed values ended up being $13,900,137,536 which is 1.74% lower than the preliminary values of $14,145,909,486 (and 3.74% lower than the FY 2009 -2010 values) -- resulting in a higher effective tax rate. The final effective tax rate was computed to be $0.591301 per $100 valuation, as illustrated in the table below. * It should be noted that calculating the effective tax rate does not require the taxing unit to distinguish between maintenance and operations and debt service. It is the calculation of the rollback tax rate where the breakout of the tax rate between the General Fund (M &O) and Debt Service Fund (I &S) comes in to play. The rollback rate splits the tax rate into two separate components — the maintenance and operations (M &O) rate and a debt service (I &S) rate. The M &O portion of the rollback tax rate is the tax rate that would be needed to raise the amount the taxing entity levied in the preceding year plus 8 %. The debt service rate portion is the tax rate necessary to pay the unit's debt payments in the coming year. The debt service portion of the overall tax rate may rise as high as necessary without triggering the threat of a rollback. Occasionally, however, decreases in a taxing unit' s debt service will create a situation where the effective tax rate might be higher than the rollback rate. For FY 2010 -2011, the rollback rate was computed to be $0.605211 per $100 valuation (allocated between the General Fund (M &O) and the Debt Service Fund (1 &S) at $0.408073 and $0.197138 per $100 valuation, respectively) — which is higher than the effective tax rate of $0.591301 per $100 valuation. Tag Rate Per $100 valuation Maintenance & Operations (M &O) Per $100 valuation Debt Service Rate (I &S) Per $100 valuation FY 10 -11 Adopted Budget $0.582269 $0.376612 $0.205657 FY 10 -11 Effective Tax Rate $0.591301 * See note below. FY 10 -11 Proposed with Agenda Item — Part A $0.591301 $0.382454 $0.208847 Agenda Item -- Parts B and C $0.582269 $0.385131 $0.197138 FY 10 -11 Effective Operating Rate $0.377846 - FY 10 -11 Rollback Rate $0.605211 $0.408073 $0.197138 FY 09 -10 Adopted Budget $0.563846 $0.364671 $0.199175 * It should be noted that calculating the effective tax rate does not require the taxing unit to distinguish between maintenance and operations and debt service. It is the calculation of the rollback tax rate where the breakout of the tax rate between the General Fund (M &O) and Debt Service Fund (I &S) comes in to play. The rollback rate splits the tax rate into two separate components — the maintenance and operations (M &O) rate and a debt service (I &S) rate. The M &O portion of the rollback tax rate is the tax rate that would be needed to raise the amount the taxing entity levied in the preceding year plus 8 %. The debt service rate portion is the tax rate necessary to pay the unit's debt payments in the coming year. The debt service portion of the overall tax rate may rise as high as necessary without triggering the threat of a rollback. Occasionally, however, decreases in a taxing unit' s debt service will create a situation where the effective tax rate might be higher than the rollback rate. For FY 2010 -2011, the rollback rate was computed to be $0.605211 per $100 valuation (allocated between the General Fund (M &O) and the Debt Service Fund (1 &S) at $0.408073 and $0.197138 per $100 valuation, respectively) — which is higher than the effective tax rate of $0.591301 per $100 valuation. RESOLUTION DIRECTING THE CITY MANAGER TO PRESENT AN ORDINANCE FOR CITY COUNCIL CONSIDERATION ON AUGUST 31, 2010 TO ESTABLISH THE EFFECTIVE TAX RATE OF $0.591301 PER $100 VALUATION WITH A MAINTENANCE AND OPERATION RATE OF $0.382454 PER $100 VALUATION AND A DEBT SERVICE RATE OF $0.208847 PER $100 VALUATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is directed to present an ordinance for City Council consideration on August 31, 2010 to establish the effective tax rate of $0.591301 per $100 valuation with a maintenance and operation of $0.382454 per $100 valuation and a debt service rate of $0.208847 per $100 valuation. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: August 18, 2010 Lisa Aguil Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE SETTING A PROPERTY TAX RATE OF $0.582269 PER $100 VALUATION; PRESCRIBING THE PROPERTY TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2010 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEAR AS THE SAME MAY BE APPLICABLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus. Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2010 as follows: $0.385131 for the purpose of maintenance and operation 0.197138 for payment of principal and interest on debt $0.582269 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.93 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $7.29. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2010 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.385131 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2010 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.197138 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of H:ILEG- DIRILisa12010 OrdinancelOrd -Ad Valorem Tax Rate 2010v2.doc property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2010 -2011 H:1LEG- DIR \Lisa12010 OrdinancelOrd -Ad Valorem Tax Rate 2010v2.doc Principal Interest & Fees Total 2000 Certificates of Obligation $715,000 $35,533 $750,533 2001 General Obligation $3,690,000 $933,542 $4,623,542 2001A General Obligation $125,000 $13,149 $138,149 2002 Certificates of Obligation $1,330,000 $1,162,270 $2,492,270 2003 General Obligation $0 $86,463 $86,463 2004 Certificates of Obligation $285,000 $245,537 $530,537 2004 General Obligation $1,660,000 $93,234 $1,753,234 2005 General Obligation • $2,410,000 $3,888,094 $6,298,094 2005 Certificates of Obligation $280,000 $628,689 $908,689 2006 Certificates of Obligation $380,000 $826,798 $1,206,798 2007 Certificates of Obligation $100,294 $98,987 $199,281 2007 General Obligation $160,000 $156,929 $316,929 2007A General Obligation $1,200,000 $1,252,698 $2,452,698 2008 Tax Notes $995,000 $186,384 $1,181,384 H:1LEG- DIR \Lisa12010 OrdinancelOrd -Ad Valorem Tax Rate 2010v2.doc 2008 Certificates of Obligation $225,000 $582,469 $807,469 2009 General Obligation $3,115,000 $3,710,037 $6,825,037 2009 Certificates of Obligation $280,000 $331,479 $611,479 2010 General Obligation $635,000 $354,392 $989,392 2010 Certificates of Obligation $140,000 $81,985 $221,985 2010A Certificates of Obligation $0 $204,850 $204,850 Total required for 2011 debt service $17,725,294 $14,873,519 $32,598,813 Less: Amount paid from unencumbered fund balance 500,000 Less: Transfers for self- supporting debt 8.043,927 Total to be paid from taxes in 2011 $25,054,886 In addition to the ad valorem tax levy totaling $74,668,734, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2010 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2011, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs H:ILEGDIRILisa12010 OrdinancelQrd -Ad Valorem Tax Rate 2010v2.doc and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this day of August, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 18, 2010 Lisa Agu4dr, Assistant City Attorney for City Attorney Joe Adame Mayor H:ILEG- DIR\Lisa12010 OrdinancelOrd -Ad Valorem Tax Rate 2010v2.doc 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE AMENDING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE 028683 BY INCREASING THE ESTIMATED REVENUES FOR AD VALOREM TAXES IN FUND 1020 GENERAL FUND BY $409,138 AND DECREASING THE ESTIMATED REVENUES FOR AD VALOREM TAXES IN FUND 2010 DEBT SERVICE FUND BY $1,468,468; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010 -2011 operating budget adopted by Ordinance 028683 is amended to increase the estimated revenues for ad valorem taxes in Fund 1020 General Fund by $409,138 and decreasing the estimated revenues for ad valorem taxes in Fund 2010 Debt Service Fund by $1,468,468. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2010. ATTEST: Armando Chapa, City Secretary Approved: August 18, 2010 Lisa Aguilar, Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame, Mayor 11:1LEG- DIRILisal2010 OrdinancelAugust 24 Ordinance.doc —210— 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 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 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 24, 2010 AGENDA ITEM: ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII, "DEVELOPMENT SERVICES FEES ", DIVISION 1, "TECHNICAL CONSTRUCTION CODE FEES ", SECTION 14 -1302, "STANDARDIZED BUILDING VALUATION"; SECTION 14 -1304, "PROCESSING AND PLAN REVIEW FEE"; SECTION 14 -1308, "SPECIAL FEES"; SECTION 14 -1307, "REDUCED FEES "; SECTION 14 -1312, "ACCOUNTING"; AND SECTION 14 -1313, "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES ", OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR MINIMUM PERMIT FEES, SIMPLIFIED METHODS TO CALCULATE BUILDING PERMIT FEES AND PLAN REVIEW FEES; TO PROVIDE FOR EXPEDITED PLAN REVIEW BY INTERNAL STAFF; TO PROVIDE FOR CUSTOMIZED PLAN REVIEW; TO PROVIDE DISCOUNTS OF FEES TO PERMIT HOLDERS MEETING CERTAIN REQUIREMENTS; TO PROVIDE FOR SPECIAL INSPECTIONS ON NON - STANDARD DAYS AND HOURS; TO PROVIDE FOR CERTIFICATES OF COMPLETION FOR SHELL BUILDINGS; TO PROVIDE FOR FEES FOR CONSTRUCTION SITE OFFICES, FEES FOR BOTH STANDARD AND DUPLICATE CERTIFICATES OF OCCUPANCY, FEES FOR TEMPORARY EVENTS, PENALTY FEES, INSPECTIONS OUTSIDE OF THE CITY LIMITS, ELECTRICAL PERMIT FEES, PLUMBING PERMIT FEES, MECHANICAL PERMIT FEES, FUEL GAS PERMIT FEES, SWIMMING POOL FEES; AND PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 2010. ISSUE: The City's Department of Development Services operations are currently funded by a combination of fee revenues and allocations from the General Fund. They City's adopted budget for fiscal year 2010 -2011 includes a reduction in this General Fund allocation, and a corresponding increase in fee revenues. The proposed amendments to the Development Services fee structure are necessary to ensure that the budgeted fee revenues are realized. REQUIRED COUNCIL ACTION: Approval of the ordinance amending the fee schedule. PREVIOUS COUNCIL ACTION: Approval of an ordinance amending fees as part of the budget adoption process. The action was tabled for sixty (60) days. CONCLUSION AND RECOMMENDATION: Approval of the ordinance o amend the fees. Juan Perales Jr., P.E. Assistant City Manager johnnyp @cctexas.com (361) 826 -3245 Attachments: Proposed Fee Schedule BACKGROUND INFORMATION The City's Department of Development Services operations are currently funded by a combination of fee revenues and allocations from the General Fund. They City's adopted budget for fiscal year 2010- 2011 includes a reduction in this General Fund allocation, and a corresponding increase in fee revenues. The proposed amendments to the Development Services fee structure are necessary to ensure that the budgeted fee revenues are realized. Council was originally presented the proposed fee schedule as part of the FY 2010 -2011 budget adoption process. However, the fee schedule was in a state of flux while staff continued to build consensus with the various stakeholder groups. The action was tabled for sixty (60) days. Final consensus has been reached with the major stakeholder groups, including their contributing a substantial amount of input into the final fee schedule. Future discussion includes infrastructure fee analysis as well as developing further process improvements to achieve more efficiencies and better economies of scale. Two of the major groups have submitted letters of support for the new fee schedules which includes a much more simplified method to calculate fees that is much more consistent with private sector methods. Development Services continues its commitment to consistency, accountability, transparency, and partnership with the community. Consistency and Accountability is our number one goal. —216— 1 ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII, "DEVELOPMENT SERVICES FEES ", DIVISION 1, "TECHNICAL CONSTRUCTION CODE FEES ", SECTION 144302, "STANDARDIZED BUILDING VALUATION "; SECTION 14 -1304, "PROCESSING AND PLAN REVIEW FEE "; SECTION 14 -1306, "SPECIAL FEES"; SECTION 14 -1307, "REDUCED FEES"; SECTION 14 -1312, "ACCOUNTING "; AND SECTION 14 -1313, "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES ", OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR MINIMUM PERMIT FEES, SIMPLIFIED METHODS TO CALCULATE BUILDING PERMIT FEES AND PLAN REVIEW FEES; TO PROVIDE FOR EXPEDITED PLAN REVIEW BY INTERNAL STAFF; TO PROVIDE FOR CUSTOMIZED PLAN REVIEW; TO PROVIDE DISCOUNTS OF FEES TO PERMIT HOLDERS MEETING CERTAIN REQUIREMENTS; TO PROVIDE FOR SPECIAL INSPECTIONS ON NON - STANDARD DAYS AND HOURS; TO PROVIDE FOR CERTIFICATES OF COMPLETION TO SHELL BUILDINGS; TO PROVIDE FOR FEES FOR CONSTRUCTION SITE OFFICES, FEES FOR BOTH STANDARD AND DUPLICATE CERTIFICATES OF OCCUPANCY, FEES FOR TEMPORARY EVENTS, PENALTY FEES, INSPECTIONS OUTSIDE OF THE CITY LIMITS, ELECTRICAL PERMIT FEES, PLUMBING PERMIT FEES, MECHANICAL PERMIT FEES, FUEL GAS PERMIT FEES, SWIMMING POOL FEES; AND PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 2010. SECTION 1. Code of Ordinances, Chapter 14, Development Services, Article XIII, Development Services Fees, is amended by revising the Article to read as follows: "Division 1. Technical Construction Code Fees. Sec. 14 -1301. General requirements. (a) Fees required. A fee must be paid for any installation, alteration, addition, change, or repair that requires a permit under the technical construction codes. (1) A permit may not be issued until the prescribed fees have been paid. (2) An amendment to a permit may not be released until any additional fees, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, gas, or energy conservation systems, have been paid. (Ord. No. 25467, § 1, 9 -9 -2003) Sec. 14 -1302. Standardized building valuation. (a) The standardized building valuation system to be used to compute construction permit fees will consider the total value of all construction work, including plumbing, electrical, paving, parking, driveway approach, energy conservation, fuel gas, mechanical equipment, and other systems, including appurtenances and site improvements, materials, labor, contractor's profit and overhead. (1) The valuation of building, alteration, or structure used in computing building permit fees will be based on, and at least equivalent to, the latest standardized building valuation data as published by the H:ILEG- DIR\Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc 2 International Code Council Building Safety Journal, as adjusted by the latest regional construction cost adjustment factors published annually by Engineering News Record. The building official may alternatively accept a comparable valuation submitted by the applicant. The applicant's valuation shall be verified against the Elimination of Architectural Barriers Report, if one is required, and the higher of the two (2) valuations shall be used. In the event the Elimination of Architectural Barriers Report valuation is not available prior to issuance of the permit, the Elimination of Architectural Barriers Report valuation shall be confirmed prior to conducting the final inspection. If additional permit fees are required, the final inspection shall not be passed until all fees are paid. If no EIimination of Architectural Barriers Report is available, the building official may refer to the latest standardized building valuation data as published by the International Code Council Building Safety Journal, as adjusted by the latest regional construction cost adjustment factors published annually by Engineering News Record. (2) The applicant for a construction permit may appeal any determination of the Building Official to the building code board of appeals. (3) Standardized building valuations required pursuant to paragraph (1) will be used as the basis for paFtial permitting of a project, (4) Standardized building valuations required pursuant to paragraph (1) for pre - engineered metal building warehouses must be values derived pursuant to paragraph (1). (5) Standardized building valuations required pursuant to paragraph (1) will be derived from the latest data published by International Code Council Building Safety Journal and Engineering News Record and adjusted based on the regional multiplier published by the International Code Council. (6) The standardized building valuations referred to in paragraph (1) are adopted by reference and declared to be a part of this section. (7) If, in the opinion of the Building Official, or the Building Official's authorized representative, the valuation of a commercial building, alteration, structure, electrical, energy conservation, fuel gas, mechanical, or plumbing systems appears to be underestimated on the application, the permit may be denied, unless the applicant can show detailed estimates or appraisals that meet the approval of the Building Official. Alternatively, the Building Official may set the permit valuation pursuant to the standardized building valuation data adopted in paragraph (1), and issue the permit with a fee based on that valuation. Permit valuations must be based upon total construction cost, such as electrical, energy conservation, fuel gas, mechanical, plumbing equipment and other systems, including materials and labor, site improvements, contractor's profit and overhead. (b) When determining the value that is applied to the fee schedule, values are rounded up to the next higher one thousand dollar - valuation category. Sec. 14 -1303. Calculation of building area for residential construction. (a) Except as provided in subsection (b) of this section, building area includes all rooms and spaces within the main structure, except for attached (1) covered patios open to the environment and (2) front and rear porches open to The environment. (b) The building area for residential roofing/re- roofmg includes attached garages, covered patios open to the environment, and front porches and rear open to the environment. (c) Accessory residential construction includes rear - addition storage rooms, utility rooms, garages, carports, patio covers, raised decks, skate board ramps, greenhouses, portable buildings, gazebos, and other similar uses. Sec. 14-1304. Processing and plan review fee. (a) A processing and plan review fee must be paid in addition to the regular permit fee as in the fee schedule published in Table 13 -1. H:ILEG- DIRILisa12010 OrdinancelFee Table - legislative version8.16.2010.doc -218- 3 (b) The plan review fees must be paid at the time application is filed for each application processed and reviewed for the purposes of obtaining a permit as required by the technical construction codes;- ine}uding except: (1) (2) Additions: 1.Permits categorized over the counter as deemed by the Building Official. An official list will be published each calendar year. (0 Plan review fee is non - refundable. (e)- A third party plan review or inspection may be requested by the applicant at the time the application is filed. The fee for a third party plan review or inspection requested by the applicant pays the costs of services of an approved third party consultant and the applicable overhead rate. The fee for a third party plan review requested by the applicant must be paid at the time the application is filed. The fee for a third party inspection requested by the applicant must be paid prior to the inspection. The fees for third party plan review and inspection requested by the applicant are listed in the fee schedule in section 14 -1313. Third party consultant contracts are available through the development services department. (e) Expedited plan review by internal staff may be requested by the applicant at the time the application is filed. The expedited fee is pavable at the time of application submittal according to the fee schedule published in Section 14 -1313. Expedited Plan Review does not constitute an approval of submitted plans. (f) Customized Plan Review. 1. Customers who desire expedited approval may schedule a meeting with the Plan Review Coordinator and staff in order to obtain the necessary permits for the submitted project. Customers must be accompanied by their design professional(s), (engineers. contractors, owners. or any else) who may make on the spot corrections, changes or decisions necessary to address all of the deficiencies on the plans. 2. Submitted plans must be ready for permit issuance. 3. If all plan deficiencies can be addressed. a site /foundation permit has or can be issued, a Contractor has been hired and is present, and alI fees paid. then a Building Permit will be issued at the end of the customized plan review meeting. 4. If some issues cannot be resolved at the Customized Plan Review meeting, but can be addressed at a later date. another Customized Plan Review meeting will not be required. Once the issues addressed, a Building Permit will be issued to the contractor. Sec. 14 -1305. Minimum fee. In the event the total fees, under the applicable fee are less than designated minimum fee, the minimum permit fee applies. Sec. 14 -1306. Special fees. (a) Re -out inspection. A re -out inspection fee is required for the purposes of obtaining a temporary and/or permanent electrical release. H:1LEG- DIR\Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc —219— 4 (1) A separate re -out inspection fee will not be charged when a certificate of occupancy fee has been paid. (2) If the re -out inspection is performed concurrently with the electrical permit inspection, and the electrical permit fee has been paid, a separate re -out inspection fee will not be charged. (b) Failure to obtain permit. (1) The applicable surcharge and investigation fee must be paid to help defray the additional cost of inspection for work that has already been done, before the required permit is issued. (2) The surcharge is not a penalty, and does not precludes any other remedies available to the city to enforce the technical construction codes. The collection of the surcharge and investigation fee made is to help defray the cost of additional inspections and administrative time to research and issue the required permits. (3) The surcharge and investigation fee is not required for emergency work commenced under section 14- 215(0. However, if the required permit is not obtained within twenty -four (24) hours, excepting weekends and holidays, the permit fee must be doubled or the surcharge paid, whichever is greater. (c) Re- inspection fee . When a re- inspection fee has been assessed under section 14- 222(g)(1), re- inspection fee must be paid. (d) Survey fee . A survey fee will be collected for fire surveys, code compliance surveys, construction status surveys, building evaluations, repossession surveys, etc. (e) Relocation surveys . A relocation survey fee will be collected for performing relocation surveys to determine the minimum code compliance requirements for structures proposed to be relocated (moved) and placed back in operation. (f) Permit research . A permit research fee will be collected for research to provide verification of legal descriptions, property dimensions, ownerships and/or other construction related data from permit files, etc. The cost of duplication of documents will be charged as allowed under the Texas Public Information Act. (g) Inspections outside the city . Additional fees will be charged for inspections made outside the city limits. (h) Administrative fee for permit extension . When an extension of a permit is required, an administrative fee must be paid before the extension is granted. (i) Renewal of expired permit . The holder of an expired permit, who desires to reactivate the permit and has performed work under the permit, must pay the fee in accordance with the permit fee schedule. (j) Re- inspections . The permit holder or his agent must pay a re- inspection fee in accordance with the permit fee schedule, prior to a re- inspection. A re- inspection is required when: (1) It has been found that the portion of the construction for which an inspection was requested is not ready for the inspection. (2) Corrections that were called for have not been made. (3) The premises are not made readily available for inspection. (4) The work, construction, installation of wiring, piping, or other equipment or systems is found to be faulty or incorrectly or defectively installed. (k) Certificate of occupancy for existing buildings. When an application for a new certificate of occupancy for an existing building or space is made, a processing and compliance investigation fee must paid at the time of application. (1) Duplicate certificate of occupancy . In the event that a certificate of occupancy is lost or destroyed, a duplicate certificate of occupancy may be issued provided that a fee is paid in accordance with the permit fee schedule. H:1LEG- DIR \Lisa12010 OrdinancelFee Table - legislative version8.16.2010.doc -220- 5 (n) Lm1 Multiple plan review fee. After the second plan review of corrections submitted in response to plan review comments, an escalating fee will be assessed for each subsequent submission up to the total amount of the plan review fee. Partial responses shall be treated as additional responses following the first partial response in resubmission. Applicant may appeal the fee to the building official or assistant city manager for development services to review and determine if comments to applicant were Legible, accurate, and reasonably understandable. If the building official or assistant city manager for development services determines the comments to be faulty no fee will be assessed. Sec. 14 -1307. Reduced fees. (a) Permit and survey fees for public schools, federal state, county and municipal government and other political subdivisions having ad valorem tax exempt status, and for churches and all other state constitutionally exempted ad valorem tax entities is fifty (50) per cent of the regular permit fee; if the building and land on which the building is situated is owned and used by the tax exempt entity. However, a reduced permit fee may not be less than the minimum fee regularly charged. A reduced fee may not be paid when work has been commenced without proper permits. (b) Discounts of stated fees of 2% will be made for both residential and commercial permits for the following 1. Adherence to all permit holder responsibilities as listed in Chapter 14. 2. Electronic submittals of plans and related documents. 3. Submittal of master plans. Sec. 14 -1308. Refunds. (a) Canceled permit. A permit may be canceled upon written application by the applicant at any time within two (2) months of the date of the issuance of a building permit or within two (2) months of the date of issuance of any electrical, mechanical, or plumbing permit. If no work has been done under such permit, the permit fee may be refunded when formally requested in writing by the applicant, provided that the city must retain a cancellation fee to cover the cost of auditing the fee and preparing the request for refund. In all other instances regarding any fees for which a refund is requested due to contract default, lease cancellation, or other similar circumstances, the city must retain the minimum permit fee to cover the cost of auditing the fees and preparing the request for refund. Plan review fees are non- refundable. (b) Multiple plan review fee appeal. A refund may be requested upon written application by the applicant after an appeal has been made to the building official or assistant city manager for development services and approved by either one. (Ord. No. 25467, § 1, 9 -9 -2003; Ord. No. 027645, § 4, 4 -8 -2008) Sec. 14 -1309. Reserved. payment-is-made: Sec. 14 -1310. Fees for examinations and licenses. H:1LEG- DIR\Lisa120I0 OrdinancelFee Table- legislative version8.16.2010.doc —221— 6 (a) The required examination fee for a license to qualify electricians of all classes must accompany the application for a license. (b) Any required license fee must be paid before the issuance of a license. (c) The license fee must be paid annually. Licenses are valid for only in the calendar year in which the fee is paid. A license is not valid unless and until the license fee has been paid for the calendar year. (d) Duplicate licenses may be issued to replace a lost or destroyed license, if the license holder presents provided satisfactory evidence that the license was loss or destroyed, and the licensee pays the fee for the duplicate license. Sec. 14-1311. Contractor registration fees. An electrical, mechanical, plumbing contractor and a lawn irrigator or backflow prevention assembly tester must pay an annual registration fee to maintain a current status as a registered contractor. Individual who holds multiple registrations must pay separate fee for each registration. Sec. 14 -1312. Accounting. (a) The building official must keep a permanent accounting of all permit fees and other monies - collected, the names of all persons upon whose account the fees were paid, along with the date paid and amount of the fees. (b) A periodic financial audit of fee revenues and expenditures shall be conducted. The audit shall occur not less than once every three (3) year , + g i ... ! ! ' . The audit shall include a report of fees that are authorized to be collected, the amount of each authorized fee that was actually collected, and the amount of fees that should have been collected. The audit shall also provide a detailed accounting of the uses of the fees. The audit shall make any recommendations for improvements or corrections. The audit shall include a report on the amount of fees that need to be collected in order to make the development services special fund independent of subsidies from the general revenue fund. Sec. 14 -1313. Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: TABLE INSET: PLAN REVIEW FEES AMOUNT OF FEE $19,25or $0.021 l- ..r, ereia - 3an tei -: e . t -, o e :.: . °' - . - - - ' 2 s - .. _ ' c{ review + 2", . • .x ... fee for $3,000;OOO _ . .. .. . permit any valuation over .Play? Review Fees (Based as a pc'rcenIage of the Building Permit Fee) RESIDENTIAL 25% of the Building Permit Fee H:1LEG- DIR1Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc —222— 7 COMMERCIAL 40% of the Building Permit Fee RESIDENTIAL Multiple plan review fee 15% of original plan review fee for third review submittal; 30% of original plan review fee for fourth review submittal; 45% of original plan review fee for fifth review submittal; 60% of original plan review fee for sixth review submittal; 75% of original plan review fee for seventh review submittal; 90% of original plan review fee for eighth review submittal; 100% of original plan review fee for ninth and above review submittals Third party plan review when requested by applicant Contract rate + 32% overhead rate .Expedited Plan 150;'0 of the Plan .Review Rate Review (Internal Staff) Commercial building . $8,000 - =– $20,000 Customized Plan 150% of the Plan Review Rate plus $150.00 per hour with a two -hour Review minimum. Commercial huildi f -- $117.15+ TABLE INSET: BUILDING PERMIT FEES - ($$0.00 Min. Permit Fee) AMOUNT OF FEE RESIDENTIAL 0.52% of Valuation COMMERCIAL =e mer ial- building- velami 0=- =- S,5( — $75.043..... Commercial building . $8,000 - =– $20,000 L000 \ l ation valuation ovcr $2:400 Commercial huildi f -- $117.15+ $1.05 per 51;004 valuation , ee H:1LEG- DIR\Lisa12010 OrdinancelFee Table- legislative version8.16.2010.doc 8 H:ILEG- D[R\Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc €ernrefeial bui1 >.- $110 025 }per valuation O� ng i'a1uation ;000 $0 to $5 Million .70% of Valuation $5.001 to $10 Million Ei5 °% � of Valuation $10.001 to $20 Million .60% of Valuation $20.001 to $50 Million .58% of Valuation Construction site offices -$S - $80.00 Signs Sign $108.00 Electrical Permit for Signs, per transformer Fee $80.00 Fee $ .0O Residential construction building permits New one- and two- family dwellings, apartments, Accessory buildings. Remodel, and Repair townhouses, condominiums, square -feet of building e 0.52% of Valuation . ._ $75.00 _ rfrE . e-^Q0 feet square t essxrr lential -eeo sttlie- e for •- ^ 0-square-feet— feet . . oquarc :qua General--esiden l--t. i- a sttAtetie -en ors H:ILEG- D[R\Lisa12010 Ordinance\Fee Table - legislative version8.16.2010.doc 9 Residential — Other roofing/re-roofing House moving permit $467.00 Swimming Pool $61.00 r80.00j 80.00 $110.25 Survey fee (14- 306(d)) Roofing and Sidirn $.0 °11 f� sq. $.045 sq.ft. 2nd Driveway $106.50 $80.00 Re -out inspection to establish electrical service in a home where no service has $,74.--00--- $80.00 existed in the previous 90 days -, 300 feet $75.00 .,qua e of area - -300 $07041 pep scluuare feet of area & TABLE INSET: Fees for Moving structures — Both Residential and Commercial House moving permit $467.00 Traffic engineering moving route sheet $61.00 Relocation survey $110.25 Survey fee (14- 306(d)) S3-5-.40-per discipline - $140.00 Mobile home/HUD -code manufactured housing installation permit $106.50 TABLE INSET: MISCELLANEOUS CONSTRUCTION FEES Certi rff. n'e 2f occupancy Certificate of occupancy for change of use of existing building or structure X205.00 - $215.00 Duplicate certificate of occupancy /Certificate of Completion r page $25.00 H:1LEG- DIR\Lisa12010 OrdinancelFee Table- legislative version8.16.2010.doc —225— 10 Temporary events Temporary event permit w/o food service 4780- - $80.00 Temporary event permit w/ food service $199.80 Miscellaneous Fees AMOUNT-OF-FEE- Permit extension Greater of $75,00 $80.00 or 33.75% of permit fee Renewal of expired permit Greater of $ $80:00 or 33.75°/4 of permit fee + permit extension fee Request for refund on canceled permit if no work done $-37-40— $40.00 Permit research $1$'Qa per hour Demolition Permits Demolition permit Greater of: $75.00or per square f $80.00 or $0.027 per square foot _ _ • !, R $101.25 A-sees-sibility. inspection & $101.25 certilleatien -- $816.75 + :ILEG- DIR\Lisa12010 Qrdinance\Fee Table - legislative version8.16.2010.doc 11 - - - - • • _ .. • • , ilspectlon, . certl 1( .tion. Failure to Penalty Fees obtain permii Work commenced but not finished Greater of 2X 'permit fees or investigative fee Work completed Greater of 2X permit fees or investigative fee Investigative fee $337.50- $450.0 €) Re- inspection fee (Per Inspection) $ 85" 00 $80.00 Speck! Inspection Fees Inspections outside City, but within ETJ Inspection fee +$7 4 $100.00+ $1.83 per mile Inspections outside City and ETJ Inspection fee +$1.83 per mile + $T5;00 $140.00 for each 200 miles Third party inspections when requested by applicant Contract rate + 32% overhead rate Reduced Fees Reduced fee for public schools, Federal, State, county, municipal Greater of: H:1LEG- DIRILisa12010 OrdinancclFee Table - legislative version8.16.2010.doc 12 governments and other political subdivisions with ad valorem tax status 50% of regular permit fee or minimum fee an Valuation 2.5%X Teelatologvjig' bFl�Cl ,x R.esideritial perinkfe-?:5 Minimum fee $75.00 Commercial - $80.00 TABLE INSET: ELECTRICAL PERMIT FEES For Stand Alone Permits Not Associated with a Building Permit -Based an Valuation FEE R.esideritial 0.52% of Valuation Commercial $O to S5 Million 70 "/0 of Valuation $5.001 to $1 0 Million G5 °% a of Valuation $10.001 to $20 Million .60% of Valuation. $20.001 Million to $50 Million Valuation Aif-cenElitiene $6: 45 - App1-iarit l-1-ee dish di5posa1, f ae she;; iii -sposer- g &-bage etc.) Gii£li ions ircuksIL �'� r(-tell:!Eli• k eKte -a-FfE r%ife-)4141e terrn2- mea & a &h ,,.•"in feed- ,� branch for-e1e4 ibal rei . st i a or-b Circuit, t Services; and each fused type . or other of aut :: . . . H:1LEG- DIR\Lisa120I0 OrdinancelFee Table - legislative version8.16.2010.doc —228— 13 r std-Ci"tnsikiered -a te"-eifetl a-sepi wi k} erms of-4 lis- scc-t1 ]- Genstruction loop $6.75 ant---- moving 4u X $30.04 quipin -p rte# r, ray machine, or- elevator Fi tures, building $0.61 residential or-commercial mating equipment furnaces, heaters, $6.75 :1- (electric) commercial cooking heaters 5 kw .unit-sTand-hotivater per or racti`hee .. Alts. Hot tub, $6.75 spa Motors (each individual $13.50 motor) Services to 14)0 $13.50 up a1nperot --- Sea-T 404 to 200-amperes— $i 9- 5-5 --- — t - n $30.0.1 .t .. & 100 $59774- p=er amperes ger-t es eaeh dd tioi i1 ter— $6.75 : Service (change $6.75 panel out) Swimming u276...>- pool— _ in $7-5700- ia3iienal-repa}a'- radditiona.l-fee-fer work no t Gelud as +y- ef-4he-abov New— iii- al-eaiction 'ntial $07067-5-pef p foot . construction square of building area Electrieal- c--i t--for-a $0. Eer foot e&s�- itial -c-on-sti tc o— Lluare of building area stion— $75.00 Replacement license $- 144 4-0- -- $25.00 -r[+ }: �f } 2.5(0 Y electrical m_ fee d' e_ _ Minimum fee $75.00 $80.00 TABLE INSET: li:1LEG- DIR\Lisa12010 OrdinancelFee Table - legislative version8.16.2010.doc -229- 14 ENERGY CON IW ATIA EES- 5 TABLE INSET: H:ILEG- DIR\Lisa12010 OrdinancelFee Table - legislative version8.16.2010.doc Fuel Gas Fees :Frei Gas Fees or Stand Alone Permits NOT Associated ki'iIh a Buildiraa Permit Residential 0.52% of Valuation Commercial SO to $5 Million .70% of Valuation $5.001 to $10 Million .65% of Valuation 10.001 to $20 Million .60% of Valuation $20.001 to $50 Million .58% of Valuation FUEL GA- F-L2ES . MOUNT44LFE :,— Eaek-gas-Sege, + f ii'st--nH'e i-- ii3t:ter $ - eep $6.75 - Ey-i l-gas-lin. distrihuik $6,7-5-- --- new- in— $6.75 . . Each line replace distribution $6.75 gm Each -lifie -r- $6.75 bas place -so se-- Each opening $6.75 gas Each $6.75 .. .. Each fireplace ig i4er /log„-set $6.75 gas Each floor hooter $6.75 gas unit k- l3-- a na;; — $6.75 l he ter $C45— .cam Each Et water heater $6.75 gas .hot €aeh -gds wall- mace unit $6.75 i' perm iOor --new- resIie7`Fl`-itil-~ o1 s 'uctioii— ' --4675 per serf? 9('- of i ti H:ILEG- DIR\Lisa12010 OrdinancelFee Table - legislative version8.16.2010.doc 15 TABLE INSET: 11'Iechanical Permit Fees Mechanical Permits Fees for Stand Alone Permits NOT Associated with a Buildint Permit arca Gas $0.0675per permii .fin.-decesso7y residential Nt3Y 5`Ti 3-ti fin— :Wiffir - .Minimwn fto S75.00 $80.00 TABLE INSET: 11'Iechanical Permit Fees Mechanical Permits Fees for Stand Alone Permits NOT Associated with a Buildint Permit :Residential 0.52% of Valuation Commercial $0 to $5 Million .70% of Valuation $5.001 to $10 Million .65% of Valuation. $10.001 to $20 Million .60% of Valuati ©n $20.001 to $50 Million .58% of Valuation MEGMNIGALE AMOUNT OF FEE :Mechanical permit fees. except for new rc,idcntiad construction: F lla ion-o -non t-il ductTair- O }--4-$4:45--pof :I existti eat-tng7-v-el i eenditi a re rr to f.; $ OO() in tion gera'tion ,-5y ms— sal - $75.00 + $11.05 - -�, ., _ . . refrigeration per $1,000 systems -in valuation- - Additi boiler — a 2'+ AR1 ee - • R ¢ /� $10.50 >3303000-13T-14- 590.45 141- -BMP) Nei --- v residential construction Ilic'c1uinicarl f it that do $0.0675per pertn-it. new residential canstruction(arcas nok-iontain any heating-ventilation, duetrai i#ionin, sclua t-- wtc - rc fr'iger°ation lvdet fr cc rf-4niklang-opea- - s)'stCv F - --- 81.067Sper ,,.care Temporary operation inspection $44-^.04---$80,00 H:ILEG- DIR\Lisa12010 Ordinance \Fee Table- legislative versian8.16.2010.doc —231— 16 I'ef °hn 10 4- 1 �i�ccht- r c� f permifiTs Minimum fee $75,00 $80.00 :1LEG- DIR\Lisa12010 Ordinance\Fee Table- legislative version8.16.2010.doc —232— Plumbing Code Fees Plumbing Permits Fees for Stand Alone Permits NOT Associated with a Building Permit Residential 0.52% of Valuation Commercial $0 to $5 Million .70% of Valuation $5.001 to $10 Million .65% of Valuation. $10.001 to $20 Million .60% of Valuation $20.001 to $50 Million .58% of Valuations PLUMBLMCi C'OI)E FEES AMOUNT OF FEE Pluf bint -tom i &ident ! ; -<3-xcept -# ceestFactieni- Each water cli:7tiibut3e Il7I $6.75 Each water distribution. replace (inside) $6.75 Each water service new (outside) $6.75 F= water. $677:5— :eh- service replace (cut e )--- Each back flow preventer $6.75 . - .. .. $6.75 Ea 4 Yr!ator $6.75 Each sho wer $6.75 Each sink— $6,75 Eae - k -sin 6.75 Each apa -$6.75 Each-tut-IT-bath— $6.75 1i- utiit4- -- $6.75 :1LEG- DIR\Lisa12010 Ordinance\Fee Table- legislative version8.16.2010.doc —232— 17 H:1LEG- DIR\Lisa1201D OrdinancelFee Table - legislative version8.16.2010.doc Each-watop-eleset— $6,7-5— $6.75 . ..� __ ,. ._ -.." Each boiler $6.75 'l ateFbeil . $€,75 Steain-ivailer- -- $6.75 €e- eoe4ag4ewe1 - $20.25 Each dishes she -- $6.75 Each drinking fountain 6.75 — L [ $6 ��T .ei'�61" 9�a�. fe'e't ".� gleettie4et-wateiLheater $6.75 Gas hot water heater $6.75 Each --Hilt intercepts- $32.40 E $6.75 poo Each $6.75 pump -se' ontai-ned, heat4ng $6.75 .. ,• . $6.75 - - $6.75 ti . Eaeh-w.atef--fed-ic-e--niaki-ag-mathin $6.75 e Each water softener $6.75 Each whirlpool $6.75 l -1 -a 1La f3c÷ $5,75 i1prink 3i-systen Rq'T. ar erns - - $25.65 .4 _ •. - $20.25 .1.-, ' . - - 4311i-ldii $6.75 -fyl! g-d a`n— Each catch basin $6.75 Each conFicction to storm $31.73 sewer &e 4e a— $6.75 H:1LEG- DIR\Lisa1201D OrdinancelFee Table - legislative version8.16.2010.doc 18 Each -ii FEES crcepter I.73 Each huh d aM House mover None $6.75 Each lift $6.75 station Master electrician-sign $75.00 $135.00 $4-3-.50 W ' $31.73 Tune -jobsrfe?, — i4'-44i g First tunnel $89.41 i eh.. $+6,20— onal--tu el - New-residential ion e£ nstpue - P -Itnn in - iek -it4.4 7¢?r i'-r ' %} l- -}�'tfue'tio --- rt i - .. . 1, �'l.i;,, du w .,-aced Flu $00675 foot 1 u � a bu+lding pet r- accesse v reside een tr�tjen - area Technology fie 1 0, . Minimum Fee $75.00 $80.00 Back, flow Prevention Backflow prevention device test filing fee $4-5700—$20,00 Minimum fee $00- $80.00 -- TABLE INSET: LICENSE FEES Classification Examination Fee License Fee House mover None $133.00 Master electrician $75.00 $135.00 Master electrician-sign $75.00 $135.00 H:1LEG- DIRILisa12010 OrdinancelFee Table - legislative version8.16.2010.doc 19 Master electrician - elevator $75.00 $135.00 Journeyman electrician $75.00 $30.00 Maintenance electrician $35.00 $30.00 Limited journeyman electrician $75.00 $30.00 Apprentice None $25.00 Certified electrical maintenance person $30.00 None TABLE INSET: CONTRACTOR REGISTRATION FEES AMOUNT Mechanical contractor $135.00 Plumber $135.00 Lawn irrigator $135.00 Backflow prevention assembly tester $135.00 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are repealed. SECTION 5. This Ordinance takes effect October 1, 2010. H:ILEG- DIR1Lisa12010 OrdinancelFee Table- legislative version8.16.2010.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney . Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Joe Adame Mayor AFAr 1r, c7a1 Lisa Aguilatr, Assistant City Attorney for the City Attorney 14 AGENDA MEMORANDUM DATE: August 24, 2010 SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. E10015) GIP No. WW16 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $96,101, for professional services to prepare a Sanitary Sewer Overflow Initiative (SSOI) Plan and Final Capacity, Management, Operations & Maintenance (CMOM) Self -Audit Report. ISSUE: The Texas Commission on Environmental Quality (TCEQ) has developed a voluntary Sanitary Sewer Overflow (SSO) outreach initiative (SSOI) to assist municipalities with addressing SSO's that might escalate to such a degree as to cause a negative impact on human health and safety or the environment. While participation in this outreach initiative is entirely voluntary, there are some substantial benefits from participating in the program: the program offers protection from enforcement action by TCEQ for continuing Sanitary Sewer Overflows covered under the SSO Agreement, compliance history rating is not affected, and there are no penalties associated with the SSO Agreement. City of Corpus Christi Wastewater, Engineering and Legal staff have reviewed the requirements of the initiative and met with TCEQ staff to discuss details of the initiative. As a result of this meeting and staff review, the City of Corpus Christi has agreed to participate in the TCEQ SSO outreach program specifically for the Oso Water Re -Use Plant Basin. This contract will provide the technical assistance necessary to prepare an SSO Initiative Plan and CMOM Self -audit to meet TCEQ regulations. The proposed scope of services will result in a comprehensive review of existing procedures and will identify areas for improvement. The final reports delivered under this contract are required under the TCEQ SSOI program. A contract for professional services is required to complete the SSOI Plan and CMOM Self - audit; and requires City Council approval. Pipeline Analysis was selected for this project through Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects. Note: On August 16, 2010, the City received notification from TCEQ that they want the City to also complete the SSO Initiative for both the Greenwood Plant and Broadway Plant Basin. Engineering Services is in the process of obtaining a proposal from Pipeline Analysis to develop plans for these Basins and will bring these amendments before Council for approval, as needed, within the next month. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell Pete Anaya, P. E. Director of Wastewater Services Director of Engineering Services 361 -826 -1801 361- 826 -3781 fosterc@cctexas.com petean @cctexas.com Additional Sunnort Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map Exhibit "F" PowerPoint Presentation —239 - H: HOMEWellyOlGEN \WASTEWATER1E10015. Sanitary Sewer Overflow inilialive (SSOI)1AGENDA 2 MEMO.doc BACKGROUND INFORMATION SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. E10015) CIP No. WW16 PROJECT DESCRIPTION: The Texas Commission on Environmental Quality (TCEQ) has developed a voluntary Sanitary Sewer Overflow (SSO) outreach initiative (SSOI) to assist municipalities with addressing SSO's that might escalate to such a degree as to cause a negative impact on human health and safety or the environment. While participation in this outreach initiative is entirely voluntary, there are some substantial benefits from participating in the program: the program offers protection from enforcement action by TCEQ for continuing Sanitary Sewer Overflows covered under the SSO Agreement, compliance history rating is not affected, and there are no penalties associated with the SSO Agreement. On January 19, 2010, the City of Corpus Christi sent a letter to TCEQ requesting participation in the SSOI program for a limited area of the city; specifically portions of the Oso, Greenwood, and Broadway Treatment Plant Basins based on the listing of portions of Corpus Christi Bay on the 303(d) list. This listing is the result of elevated bacteria readings from the General Land Office's Beach Watch Program at four storm water outfalls which drain from portions of these Wastewater Plant Basins. On June 17, 2010, TCEQ responded to our request confirming our participation in their SSOI for the Oso Water Reclamation Plant and requested that the City submit a preliminary plan by July 19, 2010 outlining the timeframe for completing a comprehensive evaluation of the sewer system within the Oso Water Reclamation Plant Basin which would include a finalized plan for corrective action. Additionally, TCEQ is requiring that this final SSO plan be in place no later than 180 days from July 19, 2010. The final SSO Plan will include the following: ➢ Description of the cause of the SSO and interim measures that will be taken to mitigate the effects of continuing SSOs; ➢ Description of the corrective measures, with milestones, to address continuing SSOs; ➢ Provisions for the improvement and/or development and implementation of an Operations and Maintenance Program to ensure continued permit compliance; ➢ Timeline for completing each milestone; ➢ Description of the sources for funding; and ➢ Provisions for evaluating the effectiveness of the improvements. H E1 : IHOMKeily0 1GEN \WASTEWATER1E10015- Sanitary Sewer Overflow Init tt1ve [S *C AGENDA 3 BACKGROUND.doc EXHIBIT "A" Page 1 of 3 On July 19, 2010, the City responded to TCEQ with confirmation of participation in the SSO Outreach Initiative and with an outline of the required preliminary plan they had requested. This contract will provide the technical assistance necessary to prepare an SSO Initiative Plan and CMOM Self -audit to meet TCEQ regulations. The proposed scope of services will result in a comprehensive review of existing procedures and will identify areas for improvement. The final reports delivered under this contract are required under the TCEQ SSOI program. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". CONSULTANT SELECTION: Pipeline Analysis was selected for this project through Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects. RFQ 2010 -01 was distributed to 183 firms (75 local and 108 non - local) on February 16, 2010 and posted on the City of Corpus Christi's website. Ten (10) firms responded to the request for qualifications for the Sanitary Sewer Overflow Initiative (SSOI) Program Project. The responding firms were: • Alan Plummer Associates, Inc. • Carollo Engineers • Goldston Engineering, A CH2M Hill Company • LNV Engineering • MEI Maverick Engineering • Naismith Engineering • Pipeline Analysis, LLC • R.H. Shackelford, Inc. • URS • Weston Solutions The firm's qualifications were reviewed by the Selection Committee composed of the following: • Pete Anaya, P.E., Director of Engineering Services • Foster Crowell, Director of Wastewater Services • Chip Baish, P.E., Wastewater Department • Jay Reining, First Assistant City Attorney All 10 firms were deemed competent and able to complete the project; however, as a result of the submittal reviews, the team of Pipeline Analysis, LLC was selected as the most highly qualified team. The major factors contributing to the recommendation of the RFQ Panel were as follows: 1. the ability to demonstrate and present a wide knowledge of applicable project fundamentals; H: I1OMEi KeIlyOIGENtWASTEWATERSE10315• Sanitary Sewer Overflow Initialive'(SSO1}L4GENDA 3 BACKGROUND.doc EXHIBIT "A" Page 2 of 3 2. the team's previous experience on similar projects; demonstrated that they have completed similar projects on time and within budget; and they understand the project's requirements; and 3. the recommended team is well balanced to address the project requirements, possesses good team compatibility, and substantial expertise. H:U fOINE1KeIlyO1GENSWASTEWATER \E10015- Sanitary Sewer Overflow IniUaaltZZGENDA 3 BACKGROUND.doc EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. E10015) CIP No. WW 16 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. February 16. 2010 - Distribution of Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 Iocal and 108 non- Iocal). 2. February 26. 2010 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 Iocal and 108 non- Iocal). H:\ HOME \KeIIyO \GEMWASTEWATER1E1O015 - Sanitary Sewer Overflow InIUIative 5501 AAGENDA 4 PRIOR ACTIONS.dac EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. E10015) CIP No. WW 16 1. SCOPE OF PROJECT Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. El 00151— The Texas Commission on Environmental Quality (TCEQ) has developed a voluntary Sanitary Sewer Overflow (SSO) outreach initiative (S801) to assist municipalities with addressing SSO's that might escalate to such a degree as to cause a negative impact on human health and safety or the environment. Participation in this outreach initiative is entirely voluntary. City of Corpus Christi have reviewed the requirements of the initiative and met with TCEQ staff to discuss details of the initiative. As a result of this meeting and staff review, the City of Corpus Christi has agreed to participate in the TCEQ SSO outreach program. This contract will provide the technical assistance necessary to prepare a SSO Initiative Plan and CMOM (Capacity, Management, Operation & Maintenance) Self -audit to meet TCEQ and proposed EPA regulations. The proposed scope of services will result in a comprehensive review of existing procedures and will identify areas for improvement. The final reports delivered under this contract are required under the TCEQ SSOI program. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare a Final SSOI Plan and Final CMOM Self -audit reports. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the project. 3. PROJECT SCHEDULE ACTIVITY START DATE Anticipated Notice To Proceed August 25, 2010 Task 1 - Preliminary Phase August 25, 2010 Task 2 - CMOM Self -Audit September 6, 2010 Task 3 - CMOM Pre - submittal Report December 1, 2010 Task 3 - CMOM Final Submittal Report December 15, 2010 Task 4 - SSO Initiative Pre - submittal Report December 1, 2010 Task 4 - SSO Initiative Final Submittal Report December 15, 2010 H:(HOME\K IlyCAGEMWASTEWATER1E10D15- Sanitary Sewer Overflow Inlliativ€{SUAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 2 4. SUMMARY OF FEES Fee For Basic Services Totals 1. Preliminary Phase $17,678.00 2. CMOM Self -Audit Interviews including SSOI and 303(d) 59,553.00 3. CMOM Self -Audit Pre -Final and Final Report Submittal 8,963.00 4. SSO Initiative Pre -Final and Final Report Submittal 9,907.00 Total Authorized Fee $96,101.00 At this time there is no estimated cost of construction for Sanitary Sewer Overflow Initiative (SSOI) Program. The Basic Services fee for the project is $96,101. EXHIBIT "C" Page 2 of 2 H, 4HOME 'KeuyQ\GENIWASTEWATERSE10015- Sanitary Sewer Overflow inittative?5 On1AGENOA 5 CONTRACT SUMMARY.dac PROJECT BUDGET SANITARY SEWER OVERFLOW INITIATIVE (SSOI) PROGRAM (Project No. E10015) August 24, 2010 FUNDS AVAILABLE: Wastewater CIP FY 2010 $103,309.27 FUNDS REQUIRED: Construction (estimate) N/A Contingencies (10 %) N/A Consultant Fees: Consultant - (Pipeline Analysis) 96,101.00 Testing - (Geotechnicai & Material Testing) N/A Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 2,162.27 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 3,364.00 Finance Issuance 1,201.00 Misc. (Printing, Advertising, etc.) 481.00 Total $103,309.27 FUNDS REMAINING $0.00 H: tHOME1KeIlyO \GEMWA$TEWATERSE10015. Sanitary Sewer Overflow Initiative (SSOLWGENDA B PROJECT BUDGET -246-- Mproject\councilexhibits\exhE'i 007 5d wg PROJECT #E10015 LOCATION MAP NOT TO SCALE EXHIBIT "E' SANITARY SEWER OVERFLOW INITIATIVE (SSOI) PROGRAM 247 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/24/2010 15 AGENDA MEMORANDUM COUNCIL ACTION DATE: August 24, 2010 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Proportional Prosperity LLC, in the amount of $590,000, plus additional expenditures not to exceed $3,000 for related closing costs, all for the purchase of a warehouse property to be used by the Corpus Christi Police Department, which is located at 1302 Saratoga Boulevard, in connection with the Public Safety Warehouse for Police and Fire Departments, Project No. 5244, Bond Fund 2008. ISSUE: In November 2008, voters approved the Bond 2008 election containing four propositions. Proposition Two, containing Public Health & Safety improvements, included a Public Safety Warehouse for both Fire and Police Departments. City staff evaluated the options of building a warehouse on City owned land, purchasing an existing warehouse facility or purchasing land to build a new facility. In March 2010, a Request for Proposal (RFP) was mailed to various commercial real estate brokers in Corpus Christi indicating the City's need for a warehouse facility. The request was also publicized in the Legal Notices section of the Caller Times. Six responses were received. Two of the responses were for properties with existing warehouses that met the City's specifications. Both warehouse properties were evaluated and it was determined that both were adequate for use by the Police and Fire Departments. A property located at 1501 Holly Road was presented to City Council on June 22, 2010 and was approved for purchase. This building was selected for use by the Corpus Christi Fire Department. City staff has negotiated a sales price for the purchase of the second property which is located at 1302 Saratoga Boulevard and has also obtained a signed contract from the owner. This property will be used by the Corpus Christi Police Department. Land acquisition expenditures exceeding $50,000 require City Council approval. FUNDING: Bond Fund 2008, Public Health & Safety, 550701 -3191- 00000 - 140252 Sales Contract $590,000 + $3,000 closing costs = $593,000 RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P. E. Director of Engineering Services petean( cctexas.com 361 - 826 -3781 Attachments: Exhibit A. Background Information Exhibit B. Property Location Map Exhibit C. Contract Summary H:IHOMEIEUSEBIOGIGENIAgenda Etems\Publlc Safety Warehouse 5244/1302 SaratogalAgenda Memorandum.doc —251— BACKGROUND INFORMATION SUBJECT: Public Safety Warehouse for Fire & Police Departments, Bond 2008 Acquisition of 1302 Saratoga Boulevard, Corpus Christi, Texas PROJECT BACKGROUND: On November 4, 2008, the City of Corpus Christi held a Bond election to consider a number of ballot propositions to fund major capital improvements for the community. Proposition Two, containing Public Health & Safety improvements, included a Public Safety Warehouse for both Fire and Police Departments. The intended purpose of the warehouse is for storage of public safety equipment and vehicles that are currently stored outdoors. A warehouse facility consisting of one or more buildings is needed to adequately store the equipment and supplies as well as contain additional capacity for future needs. The Fire Department currently has a lease on Mestina Street for 7,800 square feet of warehouse storage that will be expiring in January 2011. The departments intend to consolidate their storage needs into one or two designated warehouse facilities. City Engineering staff evaluated three options consisting of 1) building a warehouse facility on City owned land, 2) purchasing an existing warehouse facility or, 3) purchasing industrial zoned land to build a new facility. In March 2010, a Request for Proposal (RFP) 2010 -03 was mailed to various commercial real estate brokers in Corpus Christi indicating the City's need for an existing warehouse facility or suitable land to construct one. The request was also publicized twice in the Legal Notices section of the Corpus Christi Caller Times. Six responses were received, three of which were for vacant industrial land. The other three were for properties with existing warehouses. Only two of these met the City's RFP specifications. The two conforming warehouse properties have been evaluated by the Fire and Police Departments. It has been determined that each is adequate for their use. City staff negotiated a purchase price of $675,000 for one of the properties which is located at 1501 Holly Road. A signed contract was obtained from the owners and was presented to City Council for approval on June 22, 2010. This building will be occupied by the Corpus Christi Fire Department. Negotiations for the second property located at 1302 Saratoga have concluded and is proposed to be acquired as well for use by the Corpus Christi Police Department. Acquisition of existing warehouse facilities has been deemed to be more economically feasible as compared to new construction. The purchase of both properties, together with any additional improvements to the buildings, can be accomplished below the $1.75 million dollar allocation for the project. City Council approval is needed for any expenditure in excess of $50,000 for acquisition of real property. PROPERTY INFORMATION: The property is located at the intersection of Saratoga Boulevard and Calle Las Colonies as shown on the attached Exhibit B. The main warehouse contains approximately 11,000 square feet. An auxiliary storage building similar to a Quonset -type, arch style structure, will also be constructed by the owner on the property. This building, containing approximately 4,816 square feet, will be used by the EXHIBIT A Page 1 of 2 —252— Police Department for storage of trailer mounted equipment or other small motor vehicles. The City and owners have negotiated a sales price of $590,000 for the property which amounts to $37.30 per square foot. An appraisal for the property has been obtained from American Appraisers, Inc., Sidney H. Smith, III, MAI, in the amount of $595,000. An executed Real Estate Sales Contract has been received from the landowner that requires signature by the City Manager or designee. A summary of the contract is attached as Exhibit C. At the request of the seller, this sales contract will be closed at Independent Title Company in San Antonio, Texas. 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. June 22, 2010 - Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Michael P. Devaney and wife Edna M. Devaney, in the amount of $ 675,000, plus additional expenditures not to exceed $3,000 for related closing costs, for the purchase of a warehouse property located at 1501 Holly Road in connection with the Public Safety Warehouse for Police and Fire Departments, Project No. 5244, Bond Fund 2008. (Motion No. M2010 -148) PRIOR ADMINISTRATIVE ACTION: None H :IHOMEIEUSEBIOGIGEN\Agenda Items \Public Safety Warehouse 5244\1302 Saratoga\Background.doc EXHIBIT A Page 2 of 2 —253— File : \ Mprojecf \councilexh\exh52441and.dwg CITY PROPERTY 72 AC. PROJECT LOCATION F.t4 43 VACANT PROPERTY 44, 11.000 S.F. STEEL BUILDING /ICI /, 4,818 S.F. Q-BUILDING (TO BE CONSTRUCTED) ' VICINITY MAP NOT TO SCALE EXHIBIT B 1302 SARATOGA PUBLIC SAFETY WAREHOUSE, #5244 BOND 2008 2o4 CITY COUNCIL DCHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6 -2 -2010 NNW IIMM REAL ESTATE CONTRACT SUMMARY Project No. 5244: Public Safety Warehouse for Fire & Police Departments 1302 Saratoga Boulevard, Corpus Christi, Texas This Real Estate Sales Contract is entered into by Proportional Prosperity, L.L.C. ( "SELLER ") and the City of Corpus Christi ( "BUYER ") subject to the following terms and conditions: 1. Real Property and Improvements: A. Lots 25, 26 & 27, Block 1, Las Colonias Subdivision Unit 4, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof, recorded in Volume 50, Pages 16 -17, Map Records, Nueces County, Texas, with street address of 1302 Saratoga Boulevard, together with all improvements. (Premises) B. Powerbilt brand, Q Hut, metal building containing approximately 4,816 sq.ft. constructed on an engineer certified concrete slab meeting State of Texas Windstorm Certification Standards, both to be erected and constructed by Seller at on -site location selected by Buyer. 2. Purchase Price - $590,000.00 in cash at closing. 3. Title Insurance: Seller to provide title insurance at Seller's expense. A title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. Buyer acknowledges receipt of Title Commitment issued by Independence Title Company dated March 26, 2010 (G.F. 1004226 -110) 4. Warranty Deed and Closing Costs: Seller will deliver a good and sufficient Warranty Deed that conveys indefeasible title to the property. Buyer and Seller will divide all applicable Closing Costs except costs to cure title, which must be paid by Seller. 5. Property Taxes: All taxes, if any, are to be paid by Seller, up to and including the year 2009. Taxes for 2010, if any, will be prorated between Buyer and Seller. 6. Earnest Money: Buyer agrees to deposit $5,000 Earnest Money at Independence Title Company, which Seller may keep as liquidated EXHIBIT C Page 1 of 3 —255— damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Restrictions on Title: Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Time for Performance: This contract is to be closed on or before 60 days from the effective date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council of the City of Corpus Christi and signed by the City Manager within 21 days from the effective date of this contract. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by (1) the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or designee and (2) City of Corpus Christi Bond Counsel. Buyer must execute this Contract within 21 days from the date of Seller's execution of this Contract or this Contract is void. Closing must occur within 60 days from the effective date of the contract. Buyer and Seller agree that the Closing date can be extended up to 30 days by mutual written agreement. 9. Survives Closing: The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. 30 -Day Inspection Period: Buyer shall have thirty (30) days from the date of the contract to perform its due diligence studies on the property. Buyer can void the contract at its discretion if Buyer finds the property unacceptable in any form. 11. Broker's Commission: All Real Estate Commissions, if applicable, will be paid by Seller. 12. Possession: At closing, the property will be conveyed free of any rights of possession of any third parties, except for valid easements of record. Any possession prior to closing will necessitate a separate written lease agreement between the parties. 13. Seller's Representations and Warranties: Seiler represents that it has absolute and unrestricted right, power, and authority to execute and deliver this contract along with the documents to be executed and delivered by Seller in connection with this contract. Seller has no EXHIBIT C Page 2 of 3 —256— knowledge of any pending litigation, condemnation, or assessment affecting the property. Seller has no knowledge that the property contains hazardous materials, underground tanks, or is not in full compliance with all Environmental laws. To the best of Seller's knowledge Seller has full and complete fee simple title to the property. No person, corporation or other entity has any right or option to the property. Seller has not received any notice from any governmental agency regarding the property's non - compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the property. 14. Mineral Reservation: The sale of the property is without oil, gas, or mineral rights. 15. Essential: Time is of the essence in closing this transaction. 16. Effective Date: The effective date of this contract is the date in which the contract is signed by Buyer. 17. Real Estate Appraisal Required: This contract is contingent on a real estate appraisal obtained by Buyer prior to closing which substantiates the purchase price. 18. Building Certifications and Permits: At Closing, Seller will provide Buyer all necessary certificates and permits, including but not limited to: 1) Certificate of Occupancy, 2) WPI -8 Windstorm Certificates for both main building and Q -Hut accessory building, (3) Building permits, owner's manuals, and engineered construction plans for the Q -Hut accessory building referenced in Contract Section 1, B, and (4) proof of compliance with B -4 /SP Zoning with Special Permit subject to five (5) conditions specified in Case No. 0710 -01. 19. Counterparts: Multiple original copies of the contract may be executed and the original copies assembled together shall constitute one agreement H:\HOME\EUSEBIOG \GEN\Agenda Items\Public Safety Warehouse 5244\1302 Saratoga\ Exhibit C. Contract Summary,doc EXHIBIT C Page 3 of 3 —257— )71P -"alY 0 (0 CD 0 -J • I 0 E c) co cs 4 c.) NI ri ..... 0 u). — cn cl) CD CD > 8 _ c o :to -E- 0 > a) N— a) 73 E9 L_ 16 -cD -irrz o o o c) cts o a) N.... .= 405 CY) CD ....... c i:k CU 4...." U) 4- (Liii CI • ....• > 0 0 0 rt, 0 ilt.#. Nr 0 (I) N (0 C\I 0 0 CD CO On) 10 -.C. C 06 0 CO - I - CD 2 ' a) c° lc co rs) 0) = c ai (D LL a) ci. CID c 0 ris co N (/) c(ei u) 8 >„ a) 0_ cm o co c.) co _0 a) a) >s c 0 sa "co ' 0:1 • • 0 " C CU ID CO I cia jo i < 0- • • • • i 1 .0 . = 0 Crl N • • 0 0 (NI (NI 00 _ca , ai 0 c% W (o ,, r w N co, N" a) E 06 06 Q V c iil tn 4D ° 0 o = L. a. o ---- 2 0 >% cn M CO "C; 0 l■■r 0 46 'on, = 0 C .� > cm G) en , = >. c) a) ..c c ,4,...; 0" Um . S I. la ran a) -0 >N .-- -.CD 4)- 73 x- =_, ..c E ti L...- :1=2 as ...., - ..., c.) = fin co c. as is Q E1-3(D .,... a) (D _2 (.43 aii. ...?..,. -0 ` '- CO Ci3Z3 r3) milo .4.-• eL "0 .0 C c 2 -c 2-) a. = ..... a) Es cr) (f) >% 0 au 2 a) as O o k 0 c'es cn E c 2 it a )2) ; L-= '1.-i).) ? . . oc V s_ di ■ I ON • 401) Wok 41% im% 0 ~ Ci) 73 -2 cn Q CD Lo co co N E b o a) w Q wrtoVa. a) co as co 1 I , ' 16 AGENDA MEMORANDUM DATE: August 24, 2010 SUBJECT: Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $550,059, for preliminary design phase, design phase, bid phase, and construction phase services for Oso Water Reclamation Plant Nutrient Removal Project (Ammonia). ISSUE: Effluent ammonia has become a serious problem for the Oso Water Reclamation Plant. Oso Bay is on the Environmental Protection Agency's (EPA) list of impaired water bodies due to low dissolved oxygen levels and, as such, the current discharge permit issued by the Texas Commission on Environmental Quality (TCEQ) for the Oso Water Reclamation Plant now includes monitoring and reporting requirements for effluent ammonia. In 2006, the TCEQ permit - required bio- monitoring tests failed due to effluent toxicity, and a Toxicity Reduction Evaluation (TRE) was performed. The TRE showed that effluent ammonia toxicity was the cause of the bio - monitoring failure. As a result of the TRE, TCEQ has stated that the permit renewal for this plant in 2010 will have nutrient removal (ammonia) limits with a timeline for compliance. LNV Engineering was selected for this project through Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater Services 361 -826 -1801 foster @cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Contract Summary Project Budget Location Map PowerPoint Presentation —299— Pete Anaya, P. E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com H: IHOME1VeImaP1GEN \WASTEWATERSEOS007 DSO WRP NUTRIENT REMOVAL AMMONIAAAGENOA 2 MEMO.dac BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007) PROJECT DESCRIPTION: The City of Corpus Christi owns and operates the Oso Water Reclamation Plant. The Oso Water Reclamation Plant is currently permitted for 16.2 MGD average day flow and discharges to the Cayo del Oso. The City has been advised by the Texas Commission on Environmental Quality (TCEQ) that the next discharge permit issues for the Oso Water Reclamation Plant will contain a more restrictive ammonia limit, which the existing facility cannot meet without modifications. The new permit limits will likely take effect within the next two to three years. In addition, a large portion of the current development within the City of Corpus Christi is within the service area of the Oso Water Reclamation Plant, and the City would like to investigate alternatives for increasing the treatment capacity at the Oso Water Reclamation Plant. PHASE 1 — BREAKPOINT CHLORINATION & OSO WATER RECLAMATION PLANT MASTER PLAN — The scope of work consists of developing an interim process that can be implemented over the short term to limit ammonia discharges into the Cayo del Oso. This effort includes the preliminary and final design, bidding, and construction phase services for implementation of the recommendations developed in the preliminary and design stages of the contract. PHASE 2 -- OSO WATER RECLAMATION PLANT NITRIFICATION & RE- RATING — The scope of work developing a master plan for implementation of long -term process facilities to meet anticipated future discharge requirements and additional capacity needs within the Oso WRP's service area. The contract also includes the preliminary and final design, bidding, and construction phase services for implementation of the recommendations in the master plan. These recommendations are likely to involve modifications to the physical, chemical, an d biological processes of the existing plant in order to achieve nitrification to comply with the City's TCEQ discharge permit, and re- rating of the treatment capacity from 16.2 MGD to 20.2 MGD. CONSULTANT SELECTION: LNV Engineering was selected for this project through Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects. RFQ 2010 -01 was distributed to 183 firms (75 local and 108 non - local) on February 16, 2010 and posted on the City of Corpus Christi's website. Eight (8) firms responded to the request with qualifications for the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia). The responding firms were: • Carollo Engineers • Coym, Rehmet & Gutierrez • Freese and Nichols • LNV Engineering H; 1H0ME LVemaPLGEN.WASTEWATERVE09007 080 WRP NUTRIENT REMOVAL7IMMONIA%AGENDA 3 BACKGROUND.dot EXHIBIT "A" Page 1 of 3 • R. H. Shackelford, Inc. • Urban Engineering • URS • Weston Solutions The Selection Committee is composed of the following: • Pete Anaya, P.E,, Director of Engineering Services • Foster Crowell, Director of Wastewater Services • Chip Baish, P. E., Wastewater Department • Jay Reining, First Assistant City Attorney All of the eight (8) proposals were reviewed by the Selection Committee to determine the most highly qualified firms based on demonstrated competence and qualifications. The criteria utilized to evaluate the proposals are as follows: • Qualifications and Experience — 45% • Capabilities — 40% • Other Project Performance —15% INTERVIEWS: On March 30, 2010 the Selection Committee recommended five engineering firms for formal interviews as a result of the review of proposals: 1. Carollo Engineers 2. Freese and Nichols 3. LNV Engineering 4. Urban Engineering 5. Weston Solutions (5) The formal interviews were held April 16, 2010 at the Corpus Christi Museum of Science and History. The Water Garden Room and the Junior League Lecture Hall were utilized to perform the - interviews as - follows: Engr Firm Date Time Room Carollo Engineers April 16, 2010 8 :30 AM to 9:15 AM Water Garden Room Freese and Nichols April 16, 2010 9 :30 AM to 10:15 AM Junior League Lecture Hall LNV Engineering April 16, 2010 10:30 AM to 11:15 AM Water Garden Room Urban Engineering April 16, 2010 1:00 PM to 1:45 PM Water Garden Room Weston Solutions April 16, 2010 2:00 PM to 2:45 PM Junior League Lecture Hall WHOMEWeImaP1GEN4WASTEWATER }E09007 DSO WRP NUTRIENT REMOVAL -3 AM0MON1 - IA%AGENDA 3 BACKGROUNO.doc EXHIBIT "A" Page 2 of 3 SELECTION: All engineering firms were deemed competent and able to complete the project. The major factors contributing to the recommendation of the Selection Committee are as follows: 1. The ability to demonstrate and present a wide knowledge of applicable project fundamentals. 2. The team's experience on similar projects; and a demonstration of a superior approach to the project and understanding of project requirements. 3. The recommended team is well balanced to address the project requirements, possesses good team compatibility, and substantial expertise. The LNV Engineering team proposed an interim solution that could be implemented within a three (3) year schedule at a cost that is within the City's CIP Budget. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is required. —- - H:IHOMEIVe &maR GENIWASTEWATER1E09007 OSO WRP NUTRIENT REMOVAL 3 AM0MO2NIAIAGENOA 3 BACKGROUNO.doc EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT; Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007) PRIOR COUNCIL ACTION: 1. December 15. 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. February 16, 2010 - Distribution of Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 local and 108 non - local). 2. February 26, 2010 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2010 -01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 local and 108 non - local). EXHIBIT "B" Page 1 of 1 H:I HOME1VeImaP \GENIWASTEWATER\E09007 080 WRP NUTRIENT REMOVAL VIIIIAVAGENCA 4 PRIOR ACTIONS.dac CONTRACT SUMMARY SUBJECT: Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007) 1. SCOPE OF PROJECT Oso Water Reclamation Plant Nutrient Removal Proiect (Ammonia) - The City of Corpus Christi (City) owns and operates the Oso Water Reclamation Plant (WRP). The Oso WRP is currently permitted for 16.2 MGD average day flow (ADF) and discharges to the Cayo del Oso. The City has been advised by the Texas Commission on Environmental Quality (TCEQ) that the next discharge permit issues for the Oso WRP will contain a more restrictive ammonia limit, which the existing facility cannot meet without modifications. The new permit limits will likely take effect within the next two to three years. In addition, a large portion of the current development within the City of Corpus Christi is within the service area of the Oso WRP, and the City would like to investigate alternatives for increasing the treatment capacity at the Oso WRP. PHASE 1 - BREAKPOINT CHLORINATION & OSO WRP MASTER PLAN The scope of work consists of developing an interim process that can be implemented over the short term to limit ammonia discharges into the Cayo del Oso. This effort includes the preliminary and final design, bidding, and construction phase services for implementation of the recommendations developed in the preliminary and design stages of the contract. PHASE 2 - OSO WRP NITRIFICATION & RE- RATING The scope of work developing a master plan for implementation of long -term process facilities to meet anticipated future discharge requirements and additional capacity needs within the Oso WRP's service area. The contract also includes the preliminary and final design, bidding, and construction phase services for implementation of the recommendations in the master plan. These recommendations are likely to involve modifications to the physical, chemical, and b_ iological processes of the existing plant in order to achieve nitrification to comply with the City's TCEQ discharge permit, & re- rating of the treatment capacity from 16.2 MGD to 20.2 MGD. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. -304- H: SHOME \VelmaPlGENSWASTEWATERSE09CD7 OSO WRP NUTRIENT REMOVAL AMMON]AAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 3 3. PROJECT SCHEDULE PHASE 1 - PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday September 22, 2010 Begin Preliminary Phase Monday July 5, 2011 Begin Design Phase Friday Jan 27, 2012 Interim 60% Submittal Friday March 2, 2012 City Review Friday April 27, 2012 Pre -Final Submittal Friday May 11, 2012 City Review Friday May 25, 2012 Final Submittal Monday (2) June 4 and 11, 2012 Advertise for Bids TuelWed/Thu June 19 -21, 2012 Pre -Bid Conference Wednesday June 27, 2012 Receive Bids Monday Sept 10, 2012 Begin Construction Weekday March 29, 2013 Construction Completion PHASE 2 - PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday TBD Begin Preliminary Phase Monday TBD Begin Design Phase Friday TBD Interim 60% Submittal Friday TBD City Review Friday TBD Pre -Final Submittal Friday TBD City Review - Friday _.._._.._.._.._._____..._..._._._.._—_ TBD _-._-_--_ __....___._.---- F- inal-Submittal - _ Monday (2) TBD Advertise for Bids Tue/Wed/Thu TBD Pre -Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion -305- H:1HOME LVelma ?4GENIWASTEWATER1E09007 OSO WRP NUTRIENT REMOVAL AMMONIASAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2of3 4, SUMMARY OF FEES The estimated cost of construction for PHASE 1 (Breakpoint Chlorination) for the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) is $3,500,000. The Basic Services fee for the project is $278,968. Therefore, the percentage of basic engineering services cost to construction costs is 7.97 %; and overall percentage fee is 12.75 %. The proposed work at the Oso Water Reclamation Plant is specialized and complex in nature and involves process modeling and chemical analysis. This type oT w is considered above the normal percent fee and requires specialized professionals to design this highly technical work. 306 H: INOMEIVeImaP1GENIWASTEWATER1E09007 080 WRP NUTRIENT REMOVAL AMMONIAIAGENDA 5 CONTRACT SUMMARY.dac EXHIBIT "C" Page 3 of 3 I PHASE 1 PHASE 2 TOTAL BASIC SERVICES 1 Preliminary Phase $97,454.00 TBD $97,454.00 2 Design Phase 139,508.00 TBD 139,508.00 3 Bid Phase 8,077.00 TBD 8,077.00 4 Construction Phase 33,929.00 TBD 33,929.00 Subtotal Basic Services Fees 278,968.00 TBD $278,968.00 ADDITIONAL SERVICES 1 Permitting 8,924.00 TBD 8,924.00 2 Topographic Survey 8,670.00 TBD 8,670.00 3 Environmental Issues TBD TBD TBD 4 Construction Observation Services 49,748.00 TBD 49,748.00 5 Start-up Services 19,124.00 TBD 19,124.00 6 Warranty Phase 5,612.00 TBD 5,612.00 7 Provide SCADA Documentation 3,511.00 TBD _ 3,511.00 71,536.00 8 Pilot Study 71,536.00 0.00 9 Oso WRP Master Plan 0.00 72,679.00 72,679.00 10 Oso WRP Process Modeling 0.00 31,287.00, 31,287.00 Subtotal Additional Services Fees 167,125.00 103,966.00 271,091.00 1 Total Authorized Fee $446,093.00 $103,966.00 $550,059.00 The estimated cost of construction for PHASE 1 (Breakpoint Chlorination) for the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) is $3,500,000. The Basic Services fee for the project is $278,968. Therefore, the percentage of basic engineering services cost to construction costs is 7.97 %; and overall percentage fee is 12.75 %. The proposed work at the Oso Water Reclamation Plant is specialized and complex in nature and involves process modeling and chemical analysis. This type oT w is considered above the normal percent fee and requires specialized professionals to design this highly technical work. 306 H: INOMEIVeImaP1GENIWASTEWATER1E09007 080 WRP NUTRIENT REMOVAL AMMONIAIAGENDA 5 CONTRACT SUMMARY.dac EXHIBIT "C" Page 3 of 3 PROJECT BUDGET OSO WATER RECLAMATION PLANT NUTRIENT REMOVAL PROJECT (AMMONIA) (Project No. E09007) August 24, 2010 FUNDS AVAILABLE: Wastewater CIP $952,559.00 FUNDS REQUIRED: Consultant Fees: Consultant - (LNV Engineering) 550,059.00 Testing - (Geotechnical & Material Testing) 0.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 96,250.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 122,500.00 Construction Observation Services (not included in Consultant Services).......... 122,500.00 Finance Issuance 43,750.00 Misc. (Printing, Advertising, etc.) 17,500.00 Total $952,559.00 FUTURE FUNDS REQUIRED: Construction (estimate) (unfunded in FY 2010 CIP)... $3,500,000.00 Contingencies (10 %) (unfunded in FY 2010 CIP) ....., 350,000.00 14 AHOMEWeImaPYGENIWASTEWATERYE09007 OSO WRP NUTRIENT REMOVAL AMMOIVIASAGE DA 07 6 PROJECT BUDGET -3 - EXHIBIT "D" Page 1 of 1 \Mproject \couruilexhibits \ exhE09007. d wg LOCATION MAP NOT TO SCALE PROJECT #E0900T -M DRE EXHIBIT "E" Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) 308 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 08/17/2010 .Hrgr B�° �.:�