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Agenda Packet City Council - 05/26/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 26, 2015 11:30 AM Council Chambers 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 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Mr. Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States to be led by Annette Rodriguez, Director of Public Health. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0519 Proclamation declaring May 30, 2015, "Nueces County I Believe in Me Foundation Day" F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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. Corpus Christi Page 1 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 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. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. CITY SECRETARY'S REPORT a. Public Comment Sign -Up b. Board and Commission Webpage I. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-0534 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. J. MINUTES: Corpus Christi Page 2 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 3. 15-0520 Regular Meeting of May 19, 2015 Attachments: Minutes - May 19, 2015 K. BOARD & COMMITTEE APPOINTMENTS: (NONE) L. 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. M. CONSENT AGENDA: (ITEMS 4 - 9) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. 4. 15-0216 Service Agreement for Utility Worksite Restoration Motion approving a service agreement with Dorame General Repair and Lawn, LLC, Corpus Christi, Texas for Utility Worksite Restoration Services in accordance with Bid Event No. 13, based on lowest responsible bid for an estimated annual expenditure of $364,225.00, of which $182,112.50 is required for the remainder of FY 2014-2015. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2014-2015. Attachments: Agenda Memo - Utility Worksite Restoration Bid Tabulation - Utility Worksite Restoration.pdf Service Agreement - Utility Worksite Restoration.pdf 5. 15-0446 Interlocal Agreement for workers' compensation panel Resolution authorizing the City Manager or designee to execute an Interlocal Agreement to participate in My Texas Direct with other Texas local governments to provide for a physician panel for workers' compensation medical benefits as authorized by Chapter 504 of the Texas Labor Code, and provide for expenditures pursuant to said agreement in an amount of $11.50 per medical bill, estimated to be Corpus Christi Page 3 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 $39,433 per year Attachments: Agenda Memo - Final 504 Interlocal Agreement Workers' Comp. Network Memo - 504 Interlocal Agreement Resolution and attached agreement - Final 504 Interlocal Agreement 6. 15-0392 Purchase of Chlorine Gas Monitoring and Detection System Motion approving the purchase of one (1) chlorine gas monitoring and detection system from Ranger Analytics, Inc., Stafford, Texas in accordance with Bid Event No. 36, based on only bid for an expenditure of $51,550.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. Attachments: Agenda Memo - Chlorine Monitor Bid Tabulation - Chlorine Monitor.pdf 7. 15-0439 Second Reading Ordinance - Rezoning property located at 520 Naval Air Station Drive (1st Reading 5/19/15) Case No. 0415-08 Corpus Bayside Investments, LLC: A change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive. Planning Commission and Staff Recommendation (April 22, 2014): Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery subject to a site plan and five conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Bayside Investments, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 15, Block 2, Flour Bluff Estates #2, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Corpus Bayside Investments Ordinance - Corpus Bayside Investments SP Ordinance - Corpus Bayside Investments Zoning Report - Corpus Bayside Investments Aerial Map - Corpus Bayside Investments Corpus Christi Page 4 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 8. 15-0441 Second Reading Ordinance - Rezoning property located at 718 South Navigation Boulevard (1st Reading 5/19/15) Case No. 0415-06 GMG Partners, LP: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, not resulting in a change to the Future Land Use Plan. The Special Permit is requested to allow the extraction of sand and gravel. The property to be rezoned is described as 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive. Planning Commission and Staff Recommendation (April 22, 2014): Approval of the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, subject to compliance with the site plan and six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by GMG Partners, LP ("Owner"), by changing the UDC Zoning Map in reference to 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - GMG Partners, LP Ordinance - GMG Partners, LP Zoning Report - GMG Partners LP Aerial Map - GMG Partners, LP 9. 15-0412 Second Reading Ordinance - Appropriating Funds for the Regional Health Awareness Board (1st Reading 5/19/15) Ordinance appropriating payments from Nueces County, in the amount of $31,000, and from the City of Corpus Christi, in the amount of $31,000.00, and San Patricio County, in the amount of $21,000.00 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. Attachments: Agenda Memo - RHAB Funding 4.6.15.pdf Ordinance - REHAB appropriation.pdf Interlocal Agreement - RHAB Funding.pdf Amendment to Appendix A of the Interlocal Agreement - Signed RHAB Funding N. PUBLIC HEARINGS: (ITEMS 10 - 11) Corpus Christi Page 5 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 10. 15-0523 Public Hearing and First Reading Ordinance - Annexing land located at the intersection of Leopard Street and Clarkwood Road Ordinance annexing 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as the Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and providing for publication. Attachments: Agenda Memo - SKB Acquisition LLC Ordinance - SKB Acquisition LLC Signed Petition for Annexation - SKB Acquisition LLC - Sam Kane 11. 15-0492 Public Hearing and First Reading Ordinance - Rezoning property located at 7321 South Staples Street (FM 2444) Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District (Requires 3/4 vote for approval). Planning Commission Recommendation (March 25, 2015): Denial of the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN -1" Neighborhood Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 6 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 Attachments: Agenda Memo - Doxa Enterprises, LP Ordinance - CN -1 - Doxa Enterprises, LP Ordinance Doxa CG -2 (Requires 3/4 vote for Approval) Zoning Report - Doxa Enterprises LP Aerial Map - Doxa Enterprises LP O. REGULAR AGENDA: (ITEM 12) The following items are motions, resolutions and ordinances that will be considered and voted on individually. ONE READING ACTION ITEM 12. 15-0479 One Reading Ordinance - Accepting and Appropriating additional grant funds for collaborative enforcement efforts Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funds in the amount of $104,108.13 from Nueces County for funding eligible under the FY 2013 Department of Homeland Security Grant Program Operation Stonegarden to reimburse overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; appropriating the $104,108.13 in the No. 1061 Police Grants Fund;and declaring an emergency. Attachments: Agenda Memo - Operation Stonegarden Ordinance - Operation Stonegarden 05.19.2015 Award Letter - Operation Stonegarden P. FIRST READING ORDINANCES: (ITEMS 13 - 17) 13. 15-0427 First Reading Ordinance - Appropriating funds for Women, Infants and Children (WIC) grant amendment Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of January 1, 2015. Attachments: Agenda Memo - WIC FY15 amendment Ordinance - WIC FY15 amendment Contract Amendment - WIC FY15 amendment Corpus Christi Page 7 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 14. 15-0436 First Reading Ordinance - Construction contract and appropriating funds for Hike and Bike Trail Development - Schanen Ditch Project (BOND 2012) Ordinance appropriating $721,182 of anticipated revenues from the Texas Department of Transportation in Fund No. 3280 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $721,182; and authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012) for the Base Bid. Attachments: Agenda Memo - Schanen Hike and Bike Trail Ordinance amending CIP for TxDOT funds.pdf Prosect Budget - Schanen Hike and Bike Trail.pdf Location Map - Hike and Bike Trail Development (Yorktown Blvd to Saratoga BI PowerPoint - Schanen Hike and Bike Trail.pdf Trail Photo 1 Trail Photo 2 Trail Photo 3 15. 15-0489 First Reading Ordinance - Closing a utility easement located north of South Padre Island Drive and east of Admiral Drive Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way;and requiring the owner, Blue Sand Development, LLC., to comply with the specified conditions. Attachments: Agenda Memo - Flour Bluff Estates Ordinance - Flour Bluff Estates Aerial Map - Flour Bluff Estates 16. 15-0474 First Reading Ordinance - Appropriating Funds and Amending the Service Agreement for Strategic Planning Services Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., Corpus Christi Page 8 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 of Boston, Massachusetts in the amount of $72,835 for a total re -stated fee not to exceed $1,409,641 for Strategic Planning Services. Attachments: Agenda Memo - Strategic Planning Services Amendment 2 Ordinance - Strategic Planning Services Amendment 1 - Strategic Planning Services Amendment 2 and Exhibit A - Strategic Planning Services 17. 15-0433 First Reading Ordinance - Appropriating funds for Airport terminal maintenance Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. Attachments: Agenda Memo - Maintenance Project Appropriation Ordinance - Maintenance Project Appropriation vFinal 20150504 Q. FUTURE AGENDA ITEMS: (ITEMS 18 - 24) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 18. 15-0464 Purchase of Ammunition for Police Department Motion approving the purchase of approximately 320,000 rounds of ammunition from Precision Delta Corporation, Rulerville, Mississippi in accordance with Bid Event No. 42 based on only bid for a one-time expenditure of $66,592. Funds are budgeted in the General Fund and the Crime Control Fund No 9010 in FY 2014-2015. Attachments: Agenda Memo - Purchase of Ammunition Bid Tabulation - Purchase of Ammunition 19. 15-0442 Lease -Purchase of Ambulances Motion approving the lease -purchase of two (2) ambulances from Knapp Chevrolet, Houston, Texas for a total amount of $322,440.88, of which $5,374.01 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. 20. 15-0455 Approving application submission for Beach Cleaning and Maintenance funding Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for Corpus Christi Page 9 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program Attachments: Agenda Memo - GLO Beach Maintenance 2015 application Resolution - GLO Beach Maintenance 2015 application 21. 15-0426 Engineering Construction Contracts for ADA Improvements in Community Development Block Grant (CDBG) Areas Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 for ADA Improvements in CDBG (Community Development Block Grant) Areas FY 2013 for the total base bid Part A, and to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3 for the total base bid Part B. Attachments: Agenda Memo ADA Improvement in CDBG Areas Project Budget - ADA in CDBG areas Location Map - ADA in CDBG areas Presentation ADA Improvements in CDBG Areas 22. 15-0467 Engineering Construction Contract for Waterline and Gas Line Extension Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension. Attachments: Agenda Memo - Padre Island Water Line Gas Line Extension Project Budget - Padre Island Water Line Gas Line Extension.pdf Location Map - Padre Island Water Line Gas Line Extension.pdf Presentation - Padre Island Water Line Gas Line Extension 23. 15-0428 Construction contract for programmed lifecycle replacement and extension of the City's water distribution system Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. Corpus Christi Page 10 Printed on 5/22/2015 City Council Meeting Agenda - Final May 26, 2015 Attachments: Agenda Memo Programmed Waterline IDIQ Prosect Budget Programmed Waterline IDIQ.pdf Location Map Programmed Waterline IDIQ.pdf Presentation Programmed Waterline IDIQ.pdf 24. 15-0493 Authorizing the City Manager to enter into Water Contracts for properties in Sun George Village Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances Attachments: Agenda Memo - Sun George Village Resolution - Sun George Village Location Map - Exhibit A - Sun George Village OCL Water Contract - Exhibit B - Sun George Village R. BRIEFINGS: (ITEM 25) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 25. 15-0531 Job Order Contracts Discussion Attachments: Agenda Memo - JOC Program Discussion Informal Staff Report - JOC 2014 JOC PROJECTS 2015 JOC PROJECTS Feb 2015 Agenda Memo Job Order Contracting S. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 15-0544 Legislative Update T. ADJOURNMENT Corpus Christi Page 11 Printed on 5/22/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 19, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Priest M. S. Chandrasekhar, Sri Venkateswara Temple. Priest M. S. Chandrasekhar gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Wilson, Human Relations Administrator. Director of Development Services Dan Grimsbo led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring May 17-23, 2015, "National Public Works Week" Certificate of Commendation Presented to Anne C. Parr Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Mayor Martinez presented the proclamations. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Corpus Christi Page 1 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 Mayor Martinez referred to City Manager's Comments. City Manager Olson reported on the following topics: 1) Due to recent rainfall, Lake Corpus Christi is full, significant water is being discharged and flooding downstream of the dam is expected; the combined lake levels are at 77.1% today; although current releases of water count toward environmental flows, the releases are not environmental releases, but are necessary so that water does not overflow the dam; and Mary Rhodes Phase 2 is approximately 2 months behind schedule. 2) The Corpus Christi Police Department is joining other law enforcement agencies in Texas in the next few weeks in the "Click it or Ticket" campaign. 3) Belinda Mercado was introduced as the new Director of Municipal Information Systems. 4) Mr. Olson discussed Plan CC 2035 and encouraged input from citizens by way of: www.plancc2035.com, e -mailing or mailing comments to Annika Gunning in the City's Development Services Department or by leaving comments on comment sheets at the City's public libraries; the Plan is expected to be brought back to the City Council in about two months. 5) Sunday, May 24, 2015, beginning at 8:00 a.m. at City Hall, the City will hold its third annual City Motorcycle Ride for city employees and their friends. This year's ride will be dedicated to the memory of Police Chief Floyd Simpson. a. OTHER F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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. Mayor Martinez referred to comments from the public. Rick Melby of the Coastal Bend Tea Party thanked the City Council members for their service and spoke regarding the need to complete revisions to the City's Ethics Ordinance. Abel Sanchez with NDCA of North America spoke regarding the availability of energy assistance funds for the community. 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. Corpus Christi Page 2 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 I. MINUTES: 3. Regular Meeting of May 12, 2015 Mayor Martinez referred to approval of the minutes. Council Member McIntyre made a motion to approve the minutes with the following amendments to Item 19: 1) correct the spelling of the last name of a member of the public who spoke from, Mike Leonard to Mike Lehnert in the last sentence of the first paragraph, and 2) correct the vote such that Council Members Vaughn's, Rubio's and Magill's votes are recorded as "Nay" votes, seconded by Council Member Magill and passed unanimously. Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 4 - 11) Approval of the Consent Agenda 4. Mayor Martinez referred to the Consent Agenda. Mayor Martinez called for comments from the public. There were no comments from the public or the council. A motion was made by Council Member McIntyre, seconded by Council Member Magill, to approve the Consent Agenda. The Consent Agenda items were passed by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Mutual Aid Agreement with Naval Air Station Corpus Christi, Fire Departments and Emergency Service districts in Nueces County for fire fighting assistance Resolution authorizing the City Manager, or his designee, to execute a Mutual Aid Agreement with the Naval Air Station Corpus Christi and the fire departments and emergency service districts located in Nueces County for the provision of fire fighting assistance. This Resolution was passed on the Consent Agenda. Enactment No: 030502 Corpus Christi Page 3 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 5. 6. Engineering Contract Amendment No. 1 - Engineering services for the installation of two diesel power generators at Navigation and Staples Pump Stations for the Alternative Capacity Power Generation Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Bath Engineering of Corpus Christi, Texas in the amount of $90,955 for a total restated fee not to exceed $123,455 for the Alternative Capacity Power Generation. This Motion was passed on the Consent Agenda. Enactment No: M2015-047 Engineering Construction Contract and Engineering Professional Services Contract for the Lifecycle Curb and Gutter Replacement Project Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $445,950 for the Lifecycle Curb and Gutter Replacement for base bid and to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC (ECMS, LLC) in the amount of $88,440.00 for the Lifecycle Curb and Gutter Replacement project. This Motion was passed on the Consent Agenda. Enactment No: M2015-048 7. Change Order No. 15 for the Runway 17-35 Extension/Displacement and Connecting Taxiway Project 8. Motion authorizing the City Manager or designee to execute Change Order No. 15 with Bay, Ltd. of Corpus Christi, Texas in the amount of $298,651.24 for a total restated fee of $15,361,021.36 for the Runway 17-35 Extension/Displacement and Connecting Taxiway project. This Motion was passed on the Consent Agenda. Enactment No: M2015-049 Second Reading Ordinance - Rezoning from Single -Family and Farm Rural to General Commercial at 2101 and 2139 Rodd Field Road (1st Reading 5/12/15) Case No. 0415-03 Related Investors, Ltd.: A change of zoning from the "RS -6" Single -Family 6 District and the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial uses. Corpus Christi Page 4 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 9. The property to be rezoned is described as being a 10.58 acre tract of land out of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Holly Road and Rodd Field Road. Planning Commission and Staff Recommendation (April 8, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.58 acre tract of land out of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030503 Second Reading Ordinance - Rezoning from Neighborhood Commercial to General Commercial at 2901 Airline Road (1st Reading 5/12/15) Case No. 0415-04 Gulfway Shopping Center: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District on Lot 2, Block 14, Brighton Village Unit 2, located on the southwest corner of Airline Road and Saratoga Boulevard (SH 357). Planning Commission and Staff Recommendation (April 8, 2015): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Gulfway Shopping Center ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 14, Brighton Village Unit 2, from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030504 Corpus Christi Page 5 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 10. 11. Second Reading Ordinance - Rezoning from Farm Rural to Single -Family on Tract 1, Neighborhood Commercial on Tract 2, and Multifamily on Tract 3 at 3401, 3421, and 3513 Airline Road (1st Reading 5/12/15) Case No. 0415-01 MPM Development, LP: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District on Tract 1, "CN -1" Neighborhood Commercial District on Tract 2, and "RM -2" Multifamily 2 District on Tract 3, resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Tract 1 being 22.186 acres out of Lots 12, 13, 14, 19, 20, and 21, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, Tract 2 being 1.774 acres out of Lot 12, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, and Tract 3 being 10.183 acres out of Lots 21 and 22, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located east of Airline Road at the intersection of Brooke Road. Planning Commission and Staff Recommendation (April 8, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the to the "RS -6" Single -Family 6 District on Tract 1, "CN -1" Neighborhood Commercial District on Tract 2, and "RM -2" Multifamily 2 District on Tract 3. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by MPM Development, LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being 22.186 acres out of Lots 12, 13, 14, 19, 20, and 21, Section 22, Flour Bluff and Encinal Farm and Garden Tracts, Tract 2 being 1.774 acres out of Lot 12, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, and Tract 3 being 10.183 acres out of Lots 21 and 22, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District on Tract 1, "CN -1" Neighborhood Commercial District on Tract 2, and "RM -2" Multifamily 2 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030505 Second Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for construction of off-site wastewater collection line for subdivision located on the south side along Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. (1st Reading 5/15/15) Corpus Christi Page 6 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc. ("Developer"), for the construction of a wastewater collection line and appropriating $245,864.14 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030506 M. PUBLIC HEARINGS: (ITEMS 12 - 14) 12. Public Hearing and First Reading Ordinance - Rezoning property located at 10113 Up River Road Case No. 0415-05 AAF -Vantage at Corpus Christi.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property is described as being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. Planning Commission and Staff Recommendation (April 22, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by AAF -Vantage at Corpus Christi, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 12. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for an approximately 300 -unit apartment complex. Mr. Grimsbo stated that the Planning Commission and Staff are in favor of the zoning change. Mayor Martinez opened the public hearing. The following individuals spoke in opposition to the zoning change: Suzanne Nelson, Superintendent of Tuloso Midway Independent School District, Michelle Flower, Robert Johnson, Corpus Christi Page 7 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 Jennifer Carver and Mario Guerra and spoke about: the surrounding properties being single-family residential, a petition opposing the re -zoning having been submitted to the City Secretary's Office; traffic congestion concerns; that the homes to be built across from and behind the school were not considered in the traffic study; the use of East Harrington Street by residents of the proposed apartment complex and solid waste and fire trucks; the provision of sewer and Fire Department water service to the area; the purpose of zoning laws; potential decreases in property values; current drainage and flooding problems; that two pipelines currently traverse the area; and the number of notices sent to residents. The following individuals spoke in support of the zoning change: Abel Alonzo and Susie Luna Saldana spoke about: being in favor of affordable housing, educational opportunities for children who will live in the proposed apartment complex and the need to be inclusive. Chris Weigand, representing the developer, addressed: traffic and drainage concerns, pedestrian access to the school from the proposed apartment complex; the number of three- and one -bedroom units; and that this is not a tax credit project. Mayor Martinez closed the public hearing. Council Members spoke regarding the following topics: when Stonewall Road will be open; drainage issues and the use of retention ponds; what was included in the traffic study; if Up River Road can be converted to one-way at certain times of the day; traffic congestion; drainage and flooding concerns; the amount of opposition both inside and outside the 200 ft. notification area; students' safety; that the current traffic level is "B" and that, with completion of the apartment complex, the traffic level is anticipated to remain at that level; the developer's stormwater management requirements; whether the developer has engaged in meetings with local residents; adding more housing units in the City; the number of single-family homes that could be constructed on the subject property; the number of apartment units that are planned to be three-bedroom; overcrowding in and student transfers into the Tuloso Midway Independent School District; encouraging the developers to meet with local residents; that traffic level of service is calculated based on average level of traffic; that peak traffic levels are measured in the traffic study; that an update on Ennis Joslin & Lipes is needed; that construction access to the apartment complex will be limited to Up River Road; whether the proposed apartment complex is an affordable housing or luxury complex; that Tuloso Midway has "schools of choice"; why the traffic study was not included in the agenda packet and requesting that staff provide it to council; recommendation regading queuing in the school's parking lot; water pressure in the area; Charles Drive being a means of exit for residents of the apartment complex; the use of Harrington Street by garbage and fire trucks; elevated water storage capacity in the area; and requesting that staff provide information on the taxable value of the land now and the taxable revenues to Tuloso Midway School District, the City of Corpus Christi and the Hospital District. Council Member Vaughn made a motion to table the Ordinance until June 16, 2015 to allow staff time to provide council with the information it has requested and to allow the developer to meet with the community, seconded by Council Member Rubio and passed with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Corpus Christi Page 8 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 13. Public Hearing and First Reading Ordinance - Rezoning property located at 520 Naval Air Station Drive Case No. 0415-08 Corpus Bayside Investments, LLC: A change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive. Planning Commission and Staff Recommendation (April 22, 2014): Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery subject to a site plan and five conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Bayside Investments, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 15, Block 2, Flour Bluff Estates #2, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 13. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow operations of a microbrewery. Mr. Grimsbo said that the Planning Commission and staff recommend denial of the change in zoning from "CG -1" General Commerical to "IL" Light Industrial District, and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit for the operation of the microbrewery. Mayor Martinez opened the public hearing. Abel Alonzo spoke in favor of the zoning change citing monies to be invested and jobs created. The developers, Varian and Tom Criser, spoke in support of the zoning change citing an investment of approximately $600,000, and the employment of 5-10 employees, as well as the potential for the microbrewery to become a tourist attraction. Mayor Martinez closed the public hearing. A council member spoke regarding investments being made in the NAS corridor. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 H. EXECUTIVE SESSION: (ITEM 2) Corpus Christi Page 9 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 2. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. PUBLIC HEARINGS: (ITEMS 12 - 14) 14. Public Hearing and First Reading Ordinance - Rezoning property located at 718 South Navigation Boulevard Case No. 0415-06 GMG Partners, LP: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, not resulting in a change to the Future Land Use Plan. The Special Permit is requested to allow the extraction of sand and gravel. The property to be rezoned is described as 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive. Planning Commission and Staff Recommendation (April 22, 2014): Approval of the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, subject to compliance with the site plan and six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by GMG Partners, LP ("Owner"), by changing the UDC Zoning Map in reference to 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 14. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for resource extraction. Mr. Grimsbo stated that the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. Darryl Haas spoke in opposition to the zoning change stating that the resource extraction requested is excavation and should not be permitted. Mayor Martinez closed the public hearing. City Attorney Miles Risley cited applicable excavation laws. Dan Grimsbo stated that once the zoning change is approved, the applicant is then required to apply for an excavation permit which will go before the Planning Commission; and that the applicant currently has a 90 -day temporary use permit allowing for excavation. Corpus Christi Page 10 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 Council members discussed the following topics: timeline regarding excavation and issuance of the temporary use permit; the effective date of the temporary use permit; whether the property is intended to be developed as an industrial park or used for resource extraction; backfilling the property; whether resource extraction should be allowed in Light Industrial zoning within the City limits; the requirements to return the property to its orginal state; the ability to enforce backfill requirements through code enforcement action; questions asked by Development Services staff at the beginning of the special permit process; existing areas where excavation has occurred on an exception basis; how special permits relate to the future land use and comprehensive plans; bonds being required to be put up by companies until a hole is backfilled and properly compacted; if special permits for this purpose have been issued previously; increased competition regarding the price of roadwork material; and water and sanitary sewer lines laid to the subject property by the developer. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 15 - 17) 15. Approving use of Type A Seawall Sales Tax Funding and approving job order construction contract for Miradores Improvement Project Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc. in the amount of $318,624.56 for the Miradores Improvement Project, for improvements to the eight Miradores located on the Seawall. Mayor Martinez referred to Item 15. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a Job Order Contract (JOC) with Barcom Commercial, Inc. for improvements to the eight miradores located on the Seawall, with the work expected to be completed in about three months. There were no comments from the public. Council members spoke regarding the following topics: being provided a summary of the JOC program, as previously requested by a council member; being provided with a report on how contractors become JOC contractors, as requested of staff by a council member. Council Member Garza made a motion to table this item until these questions are addressed by staff and was seconded by Council Member Rubio. Council Members spoke regarding the following additional topics: the frequency with which and the process used to procure JOC contractors; that there are currently a total of five JOC contractors under contract with the City; the process for assigning work among JOC contractors; the specific percentages used to evaluate companies applying to become JOC contractors; concerns regarding tabling this item; that JOC contracts are designed to efficiently move contracts forward; who oversees the City's JOC contracts; the Corpus Christi Page 11 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 16. process for initiating use of JOC contracts; the requirements by which JOC contractors must abide; bonding and insurance requirements for JOC contractors; which current JOC contractor has the lowest coefficient; how the coefficient is derived; that the City endeavors to award contracts to the contractor who has the lowest coefficient; that selecting the JOC contractor with the lowest coefficient is the responsibility of the Senior Program Manager in Capital Programs; Barcom is recommended for this project because, when the project was inititated in the Fall of 2014, Barcom was the sole JOC contractor; concerns regarding ensuring completion of the project before the tourist season; that the contractor will work on two Miradores at a time for approximately three to four days each; a request for an explanation of the coefficient scoring process; and the JOC programs effect on competition. Council Member Garza withdrew his motion to table this Item and Council Member Rubio withdrew her second. Council Members discussed the need to pass this item so as not to delay the improvements and Council Members requested that an agenda item be placed on the next city council agenda for staff to present a general overview of the JOC program and to discuss possible quarterly JOC reports being provided to the city council. Council Member Garza made a motion to approve the motion, seconded by Council Member McIntyre. This motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-050 Second Reading Ordinance - Rezoning from Single -Family 6 to Single -Family 4.5 at 817 Graham Road (Requires 3/4 vote)(1st Reading 5/12/15) Case No. 0415-02 Superior N&R Development, LLC: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 19.697 acres out of Lot 22, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located south of Graham Road between Ruddock Drive and Dove Lane. Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Planning Commission Recommendation (April 8, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Corpus Christi Page 12 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 17. Ordinance amending the Unified Development Code ("UDC"), upon application by Superior N&R Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to 19.697 acres out of Lot 22, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 16. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for construction of a single-family subdivision. Mr. Grimsbo said that the Planning Commission recommended denial of the change in zoning. The Planning Commission had concerns regarding increased density and the impact to existing wetlands. Staff recommended approval of the zoning change because the current zoning allows for single-family development. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Scott Nay: 2 - Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 030507 Second Reading Ordinance - Amendment No. 1 to Lease for Real Property for U.S. Coast Guard Navigational Marker ACLL 7817 (1st Reading 4/21/15)(Requires 28 day delay) Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. Mayor Martinez referred to Item 17. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute Amendment No. 1 to the U.S. Government Lease for U.S. Coast Guard Aid to Navigation Marker mounted on the east side of the South Texas Institute of the Arts building. The amendment authorizes the Coast Guard and the City to terminate the lease, without cause or reason, by giving each party thirty days' notice in writing. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on second reading and approved with the following vote: Corpus Christi Page 13 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030508 O. FIRST READING ORDINANCES: (ITEM 18) 18. First Reading Ordinance - Appropriating Funds for the Regional Health Awareness Board Ordinance appropriating payments from Nueces County, in the amount of $31,000, and from the City of Corpus Christi, in the amount of $31,000.00, and San Patricio County, in the amount of $21,000.00 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. Mayor Martinez referred to Item 18. Director of Public Health Annette Rodriguez stated that the purpose of this item is to appropriate payments from Nueces County, in the amount of $31,000, and from the City of Corpus Christi, in the amount of $31,000, and from San Patricio County, in the amount of $21,0000 in the No. 1066 Health Grants Funds, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the Ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 2 - Council Member Magill and Council Member McIntyre Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 19 - 21) Mayor Martinez referred to Future Agenda Items. City Manager Ron Olson stated that staff had a planned presentation on Item 21. 19. Service Agreement for Utility Worksite Restoration Motion approving a service agreement with Dorame General Repair and Lawn, LLC, Corpus Christi, Texas for Utility Worksite Restoration Services in accordance with Bid Event No. 13, based on lowest responsible bid for an estimated annual expenditure of $364,225.00, of which $182,112.50 is required for the remainder of FY 2014-2015. The term of the contract will be for twelve (12) months with options to Corpus Christi Page 14 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2014-2015. This Motion was recommended to the consent agenda. 20. Purchase of Chlorine Gas Monitoring and Detection System Motion approving the purchase of one (1) chlorine gas monitoring and detection system from Ranger Analytics, Inc., Stafford, Texas in accordance with Bid Event No. 36, based on only bid for an expenditure of $51,550.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. This Motion was recommended to the consent agenda. 21. Interlocal Agreement for workers' compensation panel Resolution authorizing the City Manager or designee to execute an Interlocal Agreement to participate in My Texas Direct with other Texas local governments to provide for a physician panel for workers' compensation medical benefits as authorized by Chapter 504 of the Texas Labor Code, and provide for expenditures pursuant to said agreement in an amount of $11.50 per medical bill, estimated to be $39,433 per year This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 22 - 23) 22. Corpus Christi Regional Economic Development Corporation Mayor Martinez referred to Item 22. lain Vasey, President & CEO of the Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provide a quarterly update on the economic development conditions for the first quarter of 2015. Mr. Vasey presented information on the following: the increases and decreases, by job category, in the region; First Data closing its call center in Corpus Christi; employment by sector; business attraction activity update; existing industry activity update; the EDC's strategic plan overview; the EDC's goals; and key economic indicators, including: oil proces, Texas' rig count and Texas' unemployment rate. Council members spoke regarding the following topics: government job losses; job losses at Naval Air Station Corpus Christi; the dollar value of business attraction; Corpus Christi's share of investment stretching from the Louisiana Gulf Coast to Corpus Christi; adjustment to the 200 mile -radius for rig counts; the Coastal Bend's share of total manufacturing coming to the US; the ratio between natural gas and oil prices as an economic indicator; and Corpus Christi's air attainment status. Corpus Christi Page 15 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 23. Wastewater Treatment Plant (WWTP) Consolidation Mayor Martinez referred to Item 23. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to provide an overview of the Wastewater Treatment Plant Consolidation Plan. Mr. Van Vleck presented information on the following: existing wastewater treatment plants' condition, analysis to date and the path forward to include: the current number of wastewater treatment plants; the treatment process; existing "flows" of plants; total violations by year and plant from 2010 through April 23, 2015; and the existing condition of each plant. Council members spoke regarding the following topics: fines associated with Texas Commission on Environmental Quality -related violations; the ability to take down the basins at the Allison plant and the inability to do so at the City's other plants due their design; what was and was not included in the analysis to date regarding continuing to operate the six existing plans versus the phased consolidation plan aimed at having a consolidated wastewater treatment plant; the average customer's bill if the existing six plants are maintained versus with a consolidated regional plant; the path forward; restrictions regarding the use of effluent; "small footprint" plants; the status of cleaning the line at the Whitecap plant; if a new facility will be built to allow for maintenance; funding mechanisms; "building it right"; the potential for the provision of effluent to schools; participation by local contractors in the building of a regional/consolidated wastewater treatment plant; the potential location of a consolidated plant; flood plain considerations regarding a new plant; the size of a consolidated plant; the possibility of locating the plant near the refineries regarding sale of effluent to the refineries; the number and size of pipes at a new consolidated plant; the strategic plan in terms of existing plants; integration of this effort into the consent decree regarding sanitary sewer overflows; set and clear criteria to determine if a project is viable to be moved to the next stage; the point at which decisions have to be made regarding major maintenance of existing plants versus construction of a consolidated plant; capital costs and level of investment; whether O&M costs are used in projections; if discounted value of money or inflation is factored in the analysis; the acceptable level of rate increases; the costs associated with potential sites for the consolidated plant; what effects consolidation may have on the City's CIP; the number of paths regarding: existing plants, the proposed new plant and the consent decree, the City will be taking concurrently; that staff will bring a plan, regarding this item, to city council in approximately six months; plants that have had sanitary sewer overflows and how to reduce overflows; the number of consolidated plants proposed; the need for a competent and experienced contractor to build a consolidated plant; that there are 100 lift stations in the city; and the need for a cost-anaylsis as far as customer rates are concerned. Council Member Magill made a motion directing the City Manager to publish the RFQ (Request for Qualifications) for wastewater treatment program development, seconded by Council Member Riojas and passed unanimously. R. LEGISLATIVE UPDATE: Legislative Update Mayor Martinez referred to the Legislative Update and stated that no revenue Corpus Christi Page 16 Printed on 5/21/2015 City Council Meeting Minutes May 19, 2015 S. ADJOURNMENT cap was added to Creighton Senate Bill 1760 in the House Committee. The meeting was adjourned at 6:07 p.m. Corpus Christi Page 17 Printed on 5/21/2015 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 19, 2015 Action Item for the City Council Meeting of May 26, 2015 DATE: TO: May 19, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Public Utilities markvv@cctexas.com (361) 826-1874 Service Agreement for Utility Worksite Restoration CAPTION: Motion approving a service agreement with Dorame General Repair and Lawn, LLC, Corpus Christi, Texas for Utility Worksite Restoration Services in accordance with Bid Event No. 13, based on lowest responsible bid for an estimated annual expenditure of $364,225.00, of which $182,112.50 is required for the remainder of FY 2014-2015. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: This service agreement will provide for the restoration of worksites to their original condition prior to having been worked on by Utilities Department crews performing utility line repairs. Concrete curb and gutter repair, sidewalk repair, and driveway repair are typical types of repair that will be performed under the contract. Fence repair, soil and sod replacement, general cleaning, and debris removal are also covered by the contract. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. This work is currently bid and contracted on an as -needed basis, with up to 20 work orders being issued at any given time. This contract is being established under the indefinite delivery/indefinite quantity (IDIQ) model of procurement which will allow the Utilities Department to better meet the needs of its customers. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $313,213.11 $182,112.50 $495,325.61 Encumbered / Expended Amount $131,100.61 $0 $131,100.61 This item $182,112.50 $182,112.50 $364,225.00 BALANCE $0 $0 $0 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID EVENT NO. 13 UTILITY WORKSITE RESTORATION SERVICES SUBTOTAL: $364,225.00 $436,335.20 Dorame General Repair & Lawn Corpus Christi, TX Barcom Consruction, Inc. Corpus Christi, TX UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 1. Saw Cut, Remove & Dispose of Concrete Curb 1,000 LF $15.00 $15,000.00 $11.50 $11,500.00 2. Saw Cut, Remove and Dispose of Concrete 6,800 SF 4.00 27,200.00 10.55 71,733.20 Sidewalks, Driveways, Medians 3. Saw Cut, Remove & Dispose of Asphalt Concrete 2,700 SF 5.00 13,500.00 NO BID 4. Flexible Base 100 CY 125.00 12,500.00 NO BID 5. HMAC Type D- 2 -inches thick 300 SY 150.00 45,000.00 NO BID 6. Prime Coat 45 GA 75.00 3,375.00 NO BID 7. Concrete Curb & Gutter 1,000 LF 32.50 32,500.00 92.81 92,810.00 8. Concrete Sidewalk 3,000 SF 12.00 36,000.00 8.69 26,073.00 9. Concrete Driveway 2,000 SF 12.75 25,500.00 17.22 34,432.00 10. Commercial Driveway 2,000 SF 13.00 26,000.00 NO BID 11. Exposed Aggregate 400 SF 14.00 5,600.00 NO BID 12. Concrete Around Valve Collar 30 EA 300.00 9,000.00 NO BID 13. Curb Ramp 400 SF 18.00 7,200.00 36.46 14,582.00 14. Top Soil 1,200 CY 35.00 42,000.00 NO BID 15. Bermuda Sod 150 SY 30.00 4,500.00 NO BID 16. St. Augustine Sod 850 SY 30.00 25,500.00 NO BID 17. Replace Fence to match existing 400 LF 21.00 8,400.00 NO BID 18. Repair Fence 100 LF 21.00 2,100.00 NO BID 19. Barricades, Signs, & Traffic Handling 150 EA 40.00 6,000.00 1,234.70 185,205.00 20. Miscellaneous Debris Removal 100 CY 50.00 5,000.00 NO BID 21. Flowable Fill 50 CY 145.00 7,250.00 NO BID 22. Cement Stabilized Sand 50 CY 90.00 4,500.00 NO BID 23. Washing/Cleaning 30 SY 20.00 600.00 NO BID SUBTOTAL: $364,225.00 $436,335.20 SERVICE AGREEMENT FOR UTILITY WORKSITE RESTORATION Service Agreement No. THIS Utility Worksite Restoration Services Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Dorame General Repair & Lawn. LLC ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Utility Worksite Restoration Services in response to Event No. 13-0, which includes Specification 025205, 025222, 025404, 025412, 025424, 025610, 025612, 030020, 032020, 038000, 097020, T1-025614 and Texas Accessibility Standards, dated March 15, 2012; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Utility Worksite Restoration Services in accordance with Event No. 13-0, which includes Specification 025205, 025222, 025404, 025412, 025424, 025610, 025612, 030020, 032020, 038000, 097020, T1-025614 and Texas Accessibility Standards, dated March 15, 2012 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to two (2) additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who is the Utility Worksite Restoration Services Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Utility Worksite Restoration Services Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's bid offer and response to Event No. 13-0, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Utility Worksite Restoration Services Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Utility Worksite Restoration Services Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2726 Holly Rd. Corpus Christi, Texas 78415 Fax # (361) 826-4442 IF TO CONTRACTOR: Contractor Dorame General Repair & Lawn. LLC Contact Person: Ramon Dorame Address: 4213 Hamlin Dr. City, State, ZIP Corpus Christi TX 78411 Fax #: 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any such provision or any part thereof is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Signature: Contractor. Dorame Geral Renair & Lawn. LLC Signature: Printed Name: Ram Dorame Title: President Printed Name: Gabriel Maldonado Title: interim Procurement Manager Date: Date: y— 7--/-5- Attached and Incorporated by Reference: Exhibit A: Event No. 13-0, including Specification 025205, 025222, 025404, 025412, 025424, 025610, 025612, 030020, 032020, 038000, 097020, Ti -025614 and Texas Accessibility Standards, dated March 15, 2012 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) AGENDA MEMORANDUM Future item for the City Council meeting of May 12, 2015 Action Item for the City Council meeting of May 19, 2015 DATE: TO: FROM: April 28, 2015 Ronald L. Olson, City Manager Miles Risley, City Attorney MilesR@cctexas.com 826-3361 Interlocal Agreement for Worker's Compensation panel CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement to participate in My Texas Direct with other Texas local governments to provide for a physician panel for workers' compensation medical benefits as authorized by Chapter 504 of the Texas Labor Code, and provide for expenditures pursuant to said agreement in an amount of $11.50 per medical bill, estimated to be $39,433 per year. PURPOSE: Currently, some medical providers increase worker's compensation costs and lengthen treatment periods by slowing the return -to -work process of worker's compensation. In addition, truly injured employees are denied effective guidance when attempting to locate medical professionals who will effectively treat their medical conditions. Texas law allows cities to resolve these problems with a provider panel of physicians for work-related injuries or illnesses. This resolution will authorize the City of Corpus Christi to work with other public entities to create this physician panel. BACKGROUND AND FINDINGS: The Texas Department of Insurance, through the Division of Workers' Compensation allows three options for employers: • No network - which is currently utilized by the City • 1305 Certified Healthcare Network -not recommended • 504 Physician Panel -recommended No Network In a No -network scenario, the burden of locating a medical provider is placed on the employee. The employee must locate a medical provider who accepts workers' compensation. This is difficult for our injured employees as many of them are unfamiliar with medical physicians and/or their family physician does not accept workers' compensation patients. The injured employee often finds themselves searching for physicians or locating a treating physician through word-of- mouth from other injured employees. Medical providers in No -network systems are not as closely monitored by the Division of Workers' Compensation, thus leading to longer treatment periods, over utilization of medical treatment, longer return -to -work time and increased costs. In addition, medical providers who are not licensed physicians are allowed to act as primary treating physicians. These non -physicians medical providers are often insufficient in their efforts to encourage employees to return -to -work, which lengthens treatment periods and can lead some employees to attempt to game the system. 1305 Certified Healthcare Network The enactment of Chapter 1305, Insurance Code under Article 4 of House Bill 7 (79th Legislature, Regular Session, 2005) requires the Texas Department of Insurance(Department) to certify workers' compensation health care networks and allows insurance carriers (including insurance companies, certified self-insured employers, group self-insured employers and political subdivisions) to contract with or establish certified workers' compensation health care networks (certified networks). Chapter 1305 further authorizes those certified networks to provide or arrange to provide medical services to injured employees. Texas Insurance Code S1305.051 states that a person cannot operate or perform the acts of a network unless the network is certified in accordance with Chapter 1305 and Department rules. Risk Management has looked into the creation of a 1305 network. Evaluation of the 1305 Certified Healthcare Network resulted in findings that administrative costs were estimated to be as high as $319,690 per year. In addition, the Division of Workers' Compensation found that 11 out of 13 Certified Healthcare Networks had higher overall medical costs than that of the 504 Physician Panels. 504 Physician Panel Texas law allows public entities to establish their own workers' compensation physician panels. Texas Labor Code 504.053(b) provides (b) If a political subdivision or a pool determines that a workers' compensation health care network certified under Chapter 1305, Insurance Code, is not available or practical for the political subdivision or pool, the political subdivision or pool may provide medical benefits to its injured employees or to the injured employees of the members of the pool: (1) in the manner provided by Chapter 408, other than Sections 408.001(b) and (c) and Section 408.002, and by Subchapters B and C, Chapter 413; or (2) by directly contracting with health care providers or by contracting through a health benefits pool established under Chapter 172, Local Government Code. 504 physician panels are different from 1305 networks in that 504 panels: • are for public entities only • have fewer regulatory restrictions • do not have a requirement for number of providers that must be contracted per medical service area • can say no to a provider without a requirement for specific justification • have no specific credentialing requirement, My Texas Direct will have a credentialing process • have no lengthy state filings, more appealing to physicians Due to the simpler requirements, a 504 panel can be established with projected administrative cost of only $39,433 per year. Interlocal Agreement: "My Texas Direct", a 504 Physician Panel program, will be formed when two or more political subdivisions enter into the attached Interlocal Agreement. Members can withdraw from the Interlocal Agreement at any time. Once created, other Texas political subdivisions can join My Texas Direct as members, in order to avail themselves of the provisions of Texas law that provides for a physician panel in managing and controlling costs and outcomes in their self- insured workers' compensation programs. Licensed physicians of varied specialties, who treat employees for work-related injuries and illnesses will be included on the panel and agree to have their medical outcomes monitored. Employees will enjoy having the panel list at their fingertips in order to choose their treating Physician. All primary treating Physicians, will be licensed as a medical doctor, which in turn will lead to improved medical outcomes for injured employees and reduced medical expenses. Projected Savings: Based on the experience of other 504 panels, our workers' compensation administrator estimates the City will realize a $140,000 reduction in medical costs in the first year of implementation. The projected annual expense is based on a per bill fee and is estimated at $39,433. This will result in an estimated net savings of $100,000. ALTERNATIVES: Continuation of current system. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,154,430 $2,154,430 Encumbered / Expended Amount $945,399 $945,399 This item $20,000 $20,000 BALANCE $1,189,031 $1,189,031 Fund(s): Liability and Employee Benefits Fund -Workers' Compensation Comments: The projected annual expense is estimated to be $39,433, however this is expected to be off -set by cost savings of $140,000. This will result in an estimated net savings of $100,000. As noted above, current fiscal year expense is estimated to be $20,000. RECOMMENDATION: Staff recommends approving the Interlocal Agreement. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Certified WCHN Memo Memorandum To: Carlos Valdez, City Attorney Alison Logan, First Assistant City Attorney From: Donna James -Spruce, Risk Manager Date: May 14, 2013 Subject: Certified Workers' Compensation Healthcare Networks Background: In 2005 the Texas Legislature adopted House Bill (HB) 7. This omnibus bill was established for the creation of certified workers' compensation health care networks, in hopes of controlling medical costs and holding doctors to a higher standard. Theoretically, injured workers' would have better outcomes and return to work quicker, compared to the "Any Willing Provider" status quo system. This bill would require Political Subdivisions to deliver health care using a workers' compensation certified network or justify why it is not practical for them to do so. Over the past several years the Texas Department of Insurance (TDI) Division of Workers Compensation (DWC) began to develop and implement new rules associated with the certified network system. During this development phase, TDI-DWC began compiling data from these new networks as the networks became certified by the state. It took a considerable amount of time for the state to develop and implement the criteria by which networks would be certified and the process for certification. TDI-DWC began publishing a WC Network Report Card to compare certified health care networks' performance to each other, as well as that of the non -network (Any Willing Provider) claims data. (See attached) Executive Summary: To comply with HB 7, the City took several steps to analyze whether to which to a certified network or continue with the non - network. In order to determine viability of a health care network, two significant factors were identified; 1) how employees and unions would perceive /receive being "forced" into the use of network medical providers, 2) the cost to the City. Initially, the City conducted a survey of other Political Subdivisions in Texas to gather information as to how they were making decisions whether to change to a certified network. Results of the survey clearly show that other self insured public entities in Texas don't plan on moving to the use of certified networks. Risk Management also analyzed the Workers' Compensation Network Report Card in order to determine the viability and practically of WC certified networks. Through assistance from the City's current Workers' Compensation Third Party Administrator, it was found that there would be increased administrative burdens to administer a network and the acceptance of a network environment by two employee Unions and non -Union employees which led to the conclusion that the certified network system is not justified or practical. Benchmarking Two School Districts, one County, two State entities and six Cities responded to questions regarding their plans to join or not to join a certified network. None of the public entities reported that they were planning on joining a certified network. When asked if the "Any Willing Provider" system was working well for them, the majority responded in the affirmative and none responded that they had plans to terminate the Any Willing Provider system. The annual report card results were not readily available and data specific to the City of Corpus Christi was not specifically identified, which made it difficult to make comparisons of our outcomes compared to the outcomes of certified networks. Risk Management personnel requested TDI-DWC provide the City's specific data that the state used in the WC Network Report Card, so that comparisons could be made. In the 2012 report, the City of Corpus Christi overall medical costs were lower than all network and non -network costs and the average hospital cost for City of Corpus Christi was lower than all but one network. Costs Associated With Certified Network Implementation TDI/DWC has many rules and regulations applicable to networks. The City's current Third Party Administrator (TPA) was asked to provide some information of possible additional costs associated with the implementation of network duties. Currently, the TPA estimates that additional costs would include increased telephonic case management services, fees for all medical bills to comply with regulations, a fee per bill for network access and an additional fee per claim. Additionally, the regulations require the City to have all employees sign and maintain on file acknowledgement forms. The City would incur additional expenses related to implementing this system. The information below illustrates estimates on costs to the City; Estimated Charges For Network; $319,690 Estimated Additional City Expenses; $2,000 Total $321,690 Conclusions Risk Management recommends, like other Texas cities, allowing additional time for the State to continue refining and improving the workers' compensation network system and to elect not to participate in certified networks at this time. Risk Management also recommends releasing a Requests For Proposal (RFP) in conjunction with the Third Party Administrator RFP which will be issued in the summer of 2017. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement to participate in My Texas Direct with other Texas local governments to provide for a physician panel for workers' compensation medical benefits as authorized by Chapter 504 of the Texas Labor Code, and provide for expenditures pursuant to said agreement in an amount of $11.50 per medical bill, estimated to be $39,433 per year Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: That the City Manager or his designee is authorized to execute the attached Interlocal Agreement to participate in My Texas Direct with other Texas local governments to contract for workers' compensation medical benefits as authorized by the Texas Labor Code. 2. Expenditures are authorized pursuant to the aforementioned agreement in an amount not to exceed $11.50 per medical bill, in a total estimated amount of $39,433 per year. 3. Amendments and modifications to this Interlocal agreement are authorized to the extent they do not require additional expenditures and are approved by the City Attorney. A copy of the Interlocal Agreement will be filed in the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor C:\Users\GRANIC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn C:\Users\GRAN IC' 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx My Texas Direct Interlocal Agreement This Interlocal Agreement (the "Interlocal") and contract is entered into by and between the undersigned political subdivisions of the State of Texas (individually referred to as "Member" and collectively as "Members") for the purposes set forth below. The Interlocal is entered into under the Texas Interlocal Cooperation Act (Texas Government Code, Chapter 791). 1. RECITALS 1.1. Political subdivisions are authorized by §504.053 of the Texas Labor Code to provide workers' compensation medical benefits to injured workers by contracting directly with health care providers. 1.2. My Texas Direct is created herein by agreement of the undersigned governmental entities pursuant to Chapter 791 of the Texas Government Code to enhance the ability of the Members to contract directly with health care providers. My Texas Direct is a local government as defined in §791.003 of the Texas Government Code and performs certain governmental functions and services as defined in §791.003 of the Texas Government Code. 1.3. The governing body of the Member has determined that a workers' compensation health care network certified under Chapter 1305 of the Texas Insurance Code, is not available or practical for the Member and has decided to provide medical benefits to its injured employees by directly contracting with health care providers as allowed by §504.053 of the Texas Labor Code. 1.4. The governing body of the Member has agreed to the terms and conditions of this Agreement and has acted by majority vote, at a duly called and noticed public meeting, to authorize the execution of this Agreement. 1.5. My Texas Direct is not an insurance company or workers' compensation carrier and does not assume risk or liability for workers' compensation self-insurance risks attributable to its Members. 1.6. My Texas Direct provides administration services directly and through its contractors for the direct contracting, formal and professional peer review, and credentialing activities designed to establish a provider panel that will work to improve the quality of health care benefits available to the injured workers of its Members. 2. AGREEMENT 2.1. Creation of My Texas Direct. Pursuant to the provisions of the Texas Interlocal Cooperation Act (Texas Government Code, Chapter 791), the undersigned governmental entities hereby create an administrative agency to be known as My Texas Direct to assist the governmental entities in providing workers' compensation medical benefits in the most available and practical manner, considering access, cost, and quality, pursuant to and in accordance with Chapter 504 of the Texas Labor Code, including, but not limited to, Labor Code Section 504.053(d), as amended. C:\Users\GRAN IC' 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx 2.2. Not an insurer or carrier. My Texas Direct is not an insurer or a carrier for the purposes of the Insurance Code, Labor Code, or any other law of the State of Texas. All services provided by My Texas Direct shall be under the applicable laws of the State of Texas, including the Interlocal Cooperation Act (Chapter 791, Texas Government Code) and Chapter 504 of Title 5, Texas Labor Code. 2.3. Administrative Contract. My Texas Direct may enter into contracts for the administration and supervision of the Agreement and the operation of My Texas Direct. 2.4. Governing Documents. The operations of My Texas Direct shall be governed by the provisions of the Bylaws and this Agreement. If a conflict should arise between the two documents then the provisions of the Bylaws will control. 2.5. Board. My Texas Direct will be governed by a Board selected from its Members pursuant to the Bylaws. The Board will have the powers and duties necessary for the accomplishment of the purposes and goals of My Texas Direct, including but not limited to the items set forth in the Bylaws. 2.6. Member Contributions and Expenses. The Member will not incur any up -front costs or expenses for the initial formation and implementation of My Texas Direct as there is no cost associated with joining My Texas Direct or initial membership. Notwithstanding the foregoing, in the event that Member initiates access to My Texas Direct provider panel for its injured workers, then Member agrees to pay My Texas Direct for services provided in connection with the direct and indirect costs of My Texas Direct associated with the establishment of a provider panel that works to improve the quality of health care benefits available to the injured workers of Member. Contributions and expenses will apply to workers' compensation claims associated with Member's injured workers and will be allocated on an equitable basis as determined by the Board. Member contributions and expenses will cover the following: 2.6.1. Direct provider contracting; 2.6.2. Formal and professional peer review; 2.6.3. Credentialing; 2.6.4. Administrative services provided by outside, third parties; 2.6.5. Establishment, coordination, and ongoing support for the Board and associated expenses; 2.6.6. Management and staffing of My Texas Direct; 2.6.7. Managed care services provided by/through My Texas Direct; 2.6.8. Program development efforts; 2.6.9. Reporting associated with TDI data calls; and 2.6.10. Additional costs and expenses necessary for the proper administration of My Texas Direct as determined by the Board in accordance with the Bylaws. C:\Users\GRAN IC' 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx 2.7 Non -appropriation of Funds. The obligations of Member to make payments to My Texas Direct pursuant to this Agreement are subject to appropriation by Member of funds that are lawfully available to be applied for such purpose. If Member fails to make an appropriation for payments prior to the beginning of the term of the Agreement for the Member, Member may withdraw from this Agreement. Member may withdraw from this Agreement by providing written notice of such withdrawal in accordance with section 4.2 to My Texas Direct. 3. NO WAIVER OF IMMUNITY 3.1. The Members, by entering into the Agreement do not waive any immunity or damage limits provided by law to My Texas Direct, its Members, or their respective officers or employees. My Texas Direct and its Members expressly reserve their governmental immunity. No provision of this Agreement or any document governing My Texas Direct shall be construed to waive My Texas Direct's governmental immunity, or that of a Member. 4. TERMS AND CONDITIONS 4.1. Term. The term of the Agreement shall be for one year commencing at 12:01 a.m. on the date of execution of the Agreement by the Member and shall automatically renew from year to year until written notice of non -renewal is given as provided in Sections 4.2, 4.3, and 4.4 of the Agreement. 4.2. Withdrawal. A Member may withdraw from the Agreement by providing written notice of termination at least 180 days prior to the termination date. A Member that withdraws from the Agreement shall be liable for its share of any contribution, expense, or obligation under the Agreement until the end of the annual term. 4.3. Termination of Membership. If a Member fails or refuses to make payment of any contribution or expense required under the Agreement, the Board may terminate the Agreement with such Member by giving 10 days written notice and collect any contributions or expenses due prorata from such Member for the period preceding the termination. 4.4. Effect of Withdrawal or Termination. In the event a Member withdraws from or is terminated as provided herein, such withdrawal or termination shall not affect the validity or continuation of the Agreement for the remaining Members. 4.5. Dissolution. My Texas Direct may be dissolved at any time by a unanimous vote of the members of the Board. Furthermore, My Texas Direct shall be dissolved when there are fewer than two Members. 4.5.1. Upon dissolution, no part of the income or assets of My Texas Direct shall inure to the benefit of or be distributable to its directors, officers, Members, or private persons, except that My Texas Direct may pay reasonable compensation for services rendered and may make payments and distributions in furtherance of the purposes set forth herein. This section does not prevent the Board from reimbursing members of the Board for reasonable and necessary expenses connected with service on the Board. C:\Users\GRAN IC' 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx 4.5.2. Upon dissolution of My Texas Direct, the Board of Directors shall, after paying or making provision for the payment of all the liabilities of My Texas Direct, distribute all the assets of My Texas Direct to the then - current Members, which are political subdivisions of the State of Texas and who contributed to any remaining surplus pro rata in proportion to their annualized contributions. 4.6. Effect of Partial Invalidity; Venue. If any part of this Agreement is declared invalid, void or unenforceable, the remaining parts and provisions shall continue in full force and effect. Venue for any dispute arising out of or under this Agreement shall be in Travis County, Texas. 4.7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and which taken together shall constitute one and the same document. 4.8. Compliance with Bylaws. The Member acknowledges that it has received a copy of the Bylaws and does hereby concur with the establishment of My Texas Direct and agree to abide by the Bylaws and any amendments thereto. 4.9. Entire Agreement. This Agreement represents the entire agreement of the Members. Any supplemental agreements must be evidenced in writing, approved and executed in the same manner as this Agreement. 4.10. Severability. Should any part of this Agreement be invalidated or otherwise rendered null and void, the remainder of this Agreement shall remain in full force and effect. 4.11. Assignment. No Party may assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other Party. 4.12. Notices. Any notice given pursuant to this Agreement shall be given in writing and delivered in person or by facsimile, email, overnight courier, or mail (Certified or Registered United States Mail), to the addresses set forth in the signature section of this Agreement. 4.13 Signatures. By execution of this Interlocal, the undersigned governmental entities shall be the initial members of My Texas Direct. Thereafter, upon compliance with the eligibility requirements for membership and approval of My Texas Direct, a party shall become a member effective the date of the party's acknowledgment and approval of the Interlocal by executing the Member Participation Agreement for My Texas Direct. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] C:\Users\GRAN IC' 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx EXECUTED by the individual Parties on the dates of their respective signatures. Full Legal Name of Local Government: Printed Name of Person Signing: Title of Person Signing: Date Executed: Address for Notice: Printed Name: Street Address City, Texas, Zip Code Full Legal Name of Local Government: Printed Name of Person Signing: Title of Person Signing: Date Executed: Address for Notice: Printed Name: Street Address City, Texas, Zip Code Full Legal Name of Local Government: Printed Name of Person Signing: Title of Person Signing: Date Executed: Address for Notice: Printed Name: Street Address City, Texas, Zip Code By: Attn. , 201 By: Attn; , 201 By: Attn. , 201 C:\Users\GRAN IC' 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805BDC8\@BCL@C805BDC8.docx AGENDA MEMORANDUM Future Item for the City Council Meeting of May 19, 2015 Action Item for the City Council Meeting of May 26, 2015 DATE: TO: May 19, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Public Utilities markvv@cctexas.com (361) 826-1874 Purchase of Chlorine Gas Monitoring and Detection System CAPTION: Motion approving the purchase of one (1) chlorine gas monitoring and detection system from Ranger Analytics, Inc., Stafford, Texas in accordance with Bid Event No. 36, based on only bid for an expenditure of $51,550.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: To be used by the O.N. Stevens Water Filtration Plant as a replacement for the existing chlorine gas monitoring and detection system. The existing system is eighteen (18) years old and has reached the end of its service life. BACKGROUND AND FINDINGS: The chlorine gas monitoring and detection system is very important to maintaining the safety of personnel at the O.N. Stevens Water Filtration Plant. In the event of a chlorine gas release, notification is sent via supervisory control and data acquisition (SCADA). In addition, there is a local alarm audible annunciator in the field. Plant personnel will be informed that there has been a chlorine gas release and will know to leave the immediate area to a safe haven. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $175,000.00 $0 $175,000.00 Encumbered / Expended Amount $98,362.35 $0 $98,362.35 This item $51,550.00 $0 $51,550.00 BALANCE $25,087.65 $0 $25,087.65 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID EVENT NO. 36 CHLORINE GAS MONITORING AND DETECTION SYSTEM Ranger Analytics, Inc. Stafford, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Wireless gas monitor with omnidirectional antenna and audible and visual alarm TOTAL: 1 Ea. $51,550.00 $51,550.00 $51,550.00 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 19, 2015 Second Reading for the City Council Meeting of May 26, 2015 DATE: April 29, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from General Commercial to Light Industrial For Corpus Bayside Investments, LLC Address: 520 Naval Air Station Drive CAPTION: Case No. 0415-08 Corpus Bayside Investments, LLC: A change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive. PURPOSE: The purpose of this item is rezone the property to allow a microbrewery. RECOMMENDATION: Planning Commission and Staff Recommendation (April 22, 2015): Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit for a Micro -brewery with the following conditions and limitations: 1. Use Regulation: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a microbrewery. The maximum number of barrels of beer that may be manufactured at this property shall be limited to 5,000 barrels per year. 2. Operations: Business operations shall include retail on-site consumption of beer with a minimum area consisting of 230 square feet dedicated to the retail component of the business. Elimination of the retail component will result in the termination of the Special Permit. 3. Hours of Operation: Shall be 8:00 A.M. to 6:00 P.M. 4. Deliveries: An 18 wheeler shall not deliver or pick up from the premises more than once a week and deliveries shall occur between 8:00 A.M. and 5:00 P.M. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes to operate a micro -brewery out of an existing building approximately 1050 square feet in size. The brewing operation, packaging and distribution of the product would encompass the majority of the building; however, approximately 231 square feet of the building is proposed to be used for on-site retail consumption of the beer brewed on the property. The applicant indicates that their initial setup will allow them to produce approximately 1,500 barrels of beer per year with the availability of growth up to 5,000 barrels. The applicant indicates the business would have five employees and hours of operation would be 8:00 A.M. to 6:00 P.M. Monday through Friday. A micro -brewery is currently not a use classified in the Unified Development Code. Based on staff's research and the Future Land Use Plan's designation of the property as "CG -1" General Commercial, staff finds it most appropriate for the property to remain zoned "CG -1" and to allow operation of the business with a Special Permit with conditions. ALTERNATIVES: 1. Deny the request for a microbrewery altogether. 2. Deny the "IL" Industrial District and approve the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed designation of "IL" Light Industrial District is not consistent with the Future Land Use Plan or the Four Bluff Area Development Plan. With further analysis, based on the described operations, scale of the operation, staff concludes that the proposed business would not alter the overall character of the area and intent of the land use plan. The business if permitted to operate at this location would further various goals of the Comprehensive Plan and the Flour Bluff Area Development Plan that pertain to economic development and infill development. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance for Special Permit (as recommended) Ordinance for Light Industrial District Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Bayside Investments, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 15, Block 2, Flour Bluff Estates #2, from the "CG -1" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Bayside Investments, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 22, 2015, during a meeting of the Planning Commission, and on Tuesday, May 19, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Corpus Bayside Investments, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive (the "Property"), from the "CG -1" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 034032), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0415-08 Ordinance — Corpus Bayside Investments, LLC Page 2 of 3 N14,_ e / v 1111, At* ilit&U=JEPR PRiRS-1 s a fr.4%1**% CG- 40SP✓8 �8 s�ar<a h lit HPNt 414# ,441,4! �y� �G-1 /CG�8��37 *it eesT Nttak, cY9 WWI bare C2ate�r. /81015 4,9 800 Q Prepared $y: jer ym�/ Feat •-•arYrrf-nl of De, / CASE: 0415-08 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -a Multifamily 3 pR Professional OfRce RM -AT Multilamily AT CN -1 Neighborhood Commercial CR -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercral CBD Downtown Commercial CR -3 Re sort Commercial FH Fann Rural H Hletorlo Overlay BP Business Park IL Light Induatrral IX Heavylndustrial PBD Planned unit Oev. Overlay RS -10 Slnyle-Famlly 10 RS -6 Single-Famlly0 RS1.5 Single -Pam lly 4,5 RS5-TF Two -Family R5-15 Single -Fats! 15 RE Resldentlal Eatate R5-TH Townhouse SP Spe0i11 Permit RV Recreational Vehicle Parc RMH Manufactured Home 445 Exhibit A 0415-08 Ordinance — Corpus Bayside Investments, LLC Page 3 of 3 Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Bayside Investments, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 15, Block 2, Flour Bluff Estates #2, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Bayside Investments, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 22, 2015, during a meeting of the Planning Commission, and on Tuesday, May 19, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Corpus Bayside Investments, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive (the "Property"), from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery (Zoning Map No. 034032), as shown in Exhibit "A" and Exhibit "B." Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner complying with the site plan and the following conditions: 1. Use Regulation: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a microbrewery. The maximum number of barrels of beer that may be manufactured at this property shall be limited to 5,000 barrels per year. 2. Operations: Business operations shall include retail on-site consumption of beer with a minimum area consisting of 230 square feet dedicated to the retail component of the business. Elimination of the retail component will result in the termination of the Special Permit. 3. Hours of Operation: Shall be 8:00 A.M. to 6:00 P.M. 4. Deliveries: An 18 wheeler shall not deliver or pick up from the premises more than once a week and deliveries shall occur between 8:00 A.M. and 5:00 P.M. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0415-08 Ordinance — Corpus Bayside Investments, LLC Page 2 of 5 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0415-08 Ordinance — Corpus Bayside Investments, LLC Page 3 of 5 e o� 4P41. 4111ttP 4j44ij7 R 400 y,F r n Gn -gr G-1 8" BFg=•R :ate reate Q / i .arm -m oref da<eeyl\ Se. erwrrlcym/ CASE: 0415-08 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 cN Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay Bp Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 40 RS -6 Single-Family6 R5-4.5 Single -Family 4.5 RS -TF Two -Family RS -15 single -Family 15 RE Residential Estate R5-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP C1LV of Corpus Christi Exhibit A 0415-08 Ordinance — Corpus Bayside Investments, LLC Page 4 of 5 (5� c:ts r 4 "5 Ca fr lLe ChAil FcnG.e- D `i Pians 7O teenivriC v I' i v° - ro Q x q xI Frame NV'5 Exhibit B 0415-08 Ordinance — Corpus Bayside Investments, LLC Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0415-08 HTE No. 15-10000017 Planning Commission Hearing Date: April 22, 2015 Applicant & Legal Description Applicant/Owner: Corpus Bayside Investments, LLC Legal Description/Location: Lot 15, Block 2, Flour Bluff Estates #2, located at the northwest corner of Scotland Drive and Naval Air Station Drive. Zoning Request From: "CG -1" General Commercial District To: "IL" Light Industrial District Area: 0.22 acres Purpose of Request: To allow a micro -brewery. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Commercial Commercial North "CG -1" General Commercial Commercial Commercial South "CG -1" General Commercial and "CG -1 -SP" General Commercial with Special Permit Commercial Commercial East "CG -1" General Commercial Public/Semi-Public Commercial West "RS -6" Single -Family Low Density Residential Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District remains inconsistent with the adopted Future Land Use Plan. Map No.: 034032 Zoning Violations: N/A Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 65 feet of street frontage along Naval Air Station Drive, which is an "A-3" Primary Arterial and 150 feet of street frontage along a proposed section of Scotland Drive, which is a Local Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Naval Air Station Drive "A-3" Primary Arterial N/A 130' ROW 79' paved N/A Scotland Drive Local Street N/A 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -1" General Commercial District to the "IL" Light Industrial District to allow the operation of a micro - brewery. A micro -brewery is not defined in the Unified Development Code, but other cities define it generally as, "A small-scale brewing facility designed for the production of malt liquors such as beer and ale, using grains such as oats, hops, rice, wheat and barley, designed and managed to brew no more than seventy-five (75,000) barrels of beer per year". Staff determined the best category for a micro -brewery is "IL" which is a light industrial district. Development Plan: The applicant proposes to operate a micro -brewery out of an existing building approximately 1050 square feet in size. The brewing operation, packaging and distribution of the product would encompass the majority of the building; however, approximately 231 square feet of the building is proposed to be used for on- site retail consumption of the beer brewed on the property. The applicant indicates that their initial setup will allow them to produce approximately 1,500 barrels of beer per year with the availability of growth up to 5,000 barrels. The applicant indicates the business would have five employees and hours of operation would be 8:00 A.M. to 6:00 P.M. Monday through Friday. Existing Land Uses & Zoning: The current use of the property is commercial. North, south, and east of the subject property are commercial uses. West of the subject property are single-family dwellings zoned "RS -6" Single Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Planning Commission Final Report Page 3 Comprehensive Plan & Area Development Plan Consistency: The proposed designation of "IL" Light Industrial District is not consistent with the Future Land Use Plan or the Four Bluff Area Development Plan. With further analysis, based on the described operations, scale of the operation, staff concludes that the proposed business would not alter the overall character of the area and intent of the land use plan. The business if permitted to operate at this location would further various goals of the Comprehensive Plan and the Flour Bluff Area Development Plan that pertain to economic development and infill development. Department Comments: A micro -brewery is currently not a use classified in the Unified Development Code. In reviewing this request, staff compared the use as described to uses currently classified to determine similarity. It was determined that the use is most similar to uses classified in a heavier commercial or industrial district given the manufacturing and wholesale facets of the proposed business. A retail component is proposed, however, it is clear the retail component is not the primary use. If the retail component were the primary use, it could be easily be interpreted the use is a permitted use in the "CG -1" General Commercial District. In further consideration of this application, Staff reviewed the existing zoning designation of the property, the future land use plan designation of the property, consistency with the City's Comprehensive Plan and the Flour Bluff Area Development Plan. Staff also reviewed proposed operations, particularly the scale thereof and existing development in the immediate vicinity. The scale of the operations proposed is very limited in nature with respect to the size of the facility and, the number of gallons of beer to be produced. Staff researched other cities' codes for guidance on this matter. Staff found that other cities are transitioning to allow microbreweries to operate in general commercial zones as well as industrial zones. Some cities permit microbreweries in general commercial zones with special use permits. San Antonio for example allows microbreweries in their "C-3" General Commercial zone. The subject area has industrial development in the area as well as some properties currently zoned "IL" Light Industrial, however, based on the Future Land Use Plan's designation of the property as "CG -1" General Commercial, Staff finds it most appropriate for the property to remain zoned "CG -1". Staff does find the use as described appropriate for the subject location based on scale and operations of the business and existing development in the area. The Unified Development Code Section 3.6.1D permits a special permit to be granted in lieu of granting a rezoning to the broader classification when the applicant has plans of sufficient detail showing the full extent of the proposed use of the buildings, structures, and premises and including provisions for sufficient off-street parking facilities, screening walls or fences, landscaping, and open space so as to create a transition between a lesser, more restricted district and the proposed district. Planning Commission Final Report Page 4 The Unified Development Code: The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are summarized as follows: • The use is compatible with the surrounding uses. • The impact of the use on public infrastructure does not negatively impact existing uses in the area. • The use does not substantially adversely affect adjacent and neighboring uses permitted. • The use does conform in all other respect to regulations and standards in this Unified Development Code. • The development will meet Unified Development Code requirements for off-street parking and loading facilities. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit for a microbrewery subject to a site plan and the following conditions: 1. Use Regulation: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a microbrewery. The maximum number of barrels of beer that may be manufactured at this property shall be limited to 5,000 barrels per year. 2. Operations: Business operations shall include retail on-site consumption of beer with a minimum area consisting of 230 square feet dedicated to the retail component of the business. Elimination of the retail component will result in the termination of the Special Permit. 3. Hours of Operation: Shall be 8:00 A.M. to 6:00 P.M. 4. Deliveries: An 18 wheeler shall not deliver or pick up from the premises more than once a week and deliveries shall occur between 8:00 A.M. and 5:00 P.M. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 7 outside notification area As of April 29, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Planning Commission Final Report Page 5 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Floor Layout 3. Site Plan Ji PPE SUBJECT RTY 'mss N' [LOCATION MAP City of Corpus Christi Planning Commission Final Report Page 6 CASE: 0415-08 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Muitlfam11y 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -t CG -2 CI CRD CR -3 FR DP Resort Commerclei General Commercial General Commercial Intensive Commensal Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUO Planned Unit Oev. Overlay RS -10 Single -Family 19 R5 -u Single -Family 5 RS -4.5 Singie-Family 4.5 RS -TF 3Wo-Family RS -15 SIngle-Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit RV Recreational Vehicle Park REM Manufactured Home n' p Subject Property O Oivners I '� WAh 200' buffer in lava! 4 Owners within 200' Visted on v Own.. a.attached ownership !able A0epposfnon 7,4P ROotr/ Planning Commission Final Report Page 7 ' day L r ` - c Planning Commission Final Report Page 8 Aerial Overview Aerial Floor Layout LI=1", cr Site Plan 1 aorta Nn ;fele, Dcl,wrt- y ,4cee55 ab 'LoG Tashi vi , Avallaide- A/9v° x 6 5,ceel 1 AA('IWble_ F4 fie APPrax G sp es E—fforn1y 1,'4e Jreur) CImn Wel 4 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 19, 2015 Second Reading for the City Council Meeting of May 26, 2015 DATE: April 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning for a Special Permit for Resource Extraction For GMG Partners, LP Property Address: 718 South Navigation Boulevard CAPTION: Case No. 0415-06 GMG Partners, LP: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, not resulting in a change to the Future Land Use Plan. The Special Permit is requested to allow the extraction of sand and gravel. The property to be rezoned is described as 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive. PURPOSE: The purpose of this item is to rezone the property for a Special Permit for Resource Extraction. RECOMMENDATION: Planning Commission and Staff Recommendation (April 22, 2015): Approval of the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction subject to compliance with the site plan and the following conditions: 1. Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. 2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3. Access: Vehicular access shall be allowed as per the approved site plan and excavation permit. 4. Hours of Operation: Hours of operation shall be limited to the hours between 7:00 A.M. and 5:00 P.M. 5. Restoration: The site shall be restored to pre-existing condition. 6. Time Limit: This Special Permit shall expire in three years or upon termination of the excavation permit, whichever comes first. BACKGROUND AND FINDINGS: 1. The proposed use is appropriate at this location given the "IL" Industrial District designation of the subject property. 2. Extraction operations will be temporary and subject to a specific time period set forth in the approving ordinance. 3. An excavation permit approved by the Planning Commission will further ensure orderly operations. The excavation permit will include the requirement for erosion control and will include periodic inspection of the property and restoration of the site. 4. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. 5. The proposed use will meet a demand that exists from various construction projects throughout the City which may include City infrastructure projects. 6. The site plan submitted is consistent with the criteria set forth in the Unified Development Code. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for resource extraction is consistent with the Westside Area Development Plan and the adopted Future Land Use Plan's designation of the property as light industrial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by GMG Partners, LP ("Owner"), by changing the UDC Zoning Map in reference to 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of GMG Partners, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 22, 2015, during a meeting of the Planning Commission, and on Tuesday, May 19, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by GMG Partners, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive (the "Property"), from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction (Zoning Map No. 050042), as shown in Exhibits "A", Exhibit "B" and Exhibit "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a location map, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of the site plan and the following conditions: 1. Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. 2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3. Access: Vehicular access shall be allowed as per the approved site plan and excavation permit. 4. Hours of Operation: Hours of operation shall be limited to the hours between 7:00 A.M. and 5:00 P.M. 5. Restoration: The site shall be restored to pre-existing condition. 6. Time Limit: This Special Permit shall expire in three years or upon termination of the excavation permit, whichever comes first. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0415-06 Ordinance — GMG Partners, LP Page 2 of 6 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0415-06 Ordinance — GMG Partners, LP Page 3 of 6 EXFH BIT A ATE OETEXAS COUNTY OF HUES El cid fates of 11.91A97 acre tract of limn being Out oiLot I. Mock 10, J, C_ Etusscl[ Faro E]locks at shown ono uap=ordcd in Vadum: 21. Priam 33 - 5g, Mar P.,ecordslaud Ccsusry, Trams. Said 19,,4/ erre tau also beteg %k ararla owl &seri 6ed n d :ad record_`d :n nontrne' I No 265 Deed ocor NunesCount%,Taus. Sold 19447aaera a:a I9eingsnoreprrtcuILeiY desu het as folio +s CQMMF ICINCai spoi l ii the asstright orwcy'oft atnirgaiiartLiculorardaidpain! being on tl,c south ling cif Lail,. Icck i a, the ra-th I Inc of Hama Itrtarl, 040 unopened road, Fain Vt'':IIEftiCE as Sill" iron cod found in L'r,: cast rias of wax of Nevi pilau Dockyard, (Gr to common v,esi egees4f A 01,21 ate incl Dui or Lo t 3, Si ock.9,, i3 wed le decd =wad in DucurractitND. !99,033112, iced Records Nuecos Ct i iiy, Tctas. and 67.99 it( LDt 3, Block 9, ES &MOM lou deed a *caudad in L1o:nmtaa 200019}0 669, taped Records Nvece# Csociy. Texas. beers South 01'24'54- East, a d:etance of 311t.70 feri, THEN CEv.iache ten right ofway ofNavigition 13cu!cvart,North4i°25'54" Luce, a te-r'swrtee o f 1073,49 icct id a 54" bot rod sat fair Iltc rutthvrest con r u or a 19.63 sera tract, rr1 deed Ina deal recorded in Document No, 795137, Dned Recordslaieces Cooney, Teas, On 5sitnitwaigarneroCthisArian and for the I'D INTufBEGIN-NI P{., 7#IENCEwith lit: cwt right away ofNrtvigetion Ilou!tva.rti, Nortel DI '26.14" Wm, adistance a 15 57.02 feat to a sir fro red ice in am ass( right of way o CNavif,aata Boiltaverd, for iM e tawcsr corner of b 4.f5 we tract out aft of I, Ulm L ]', as deaulbad in to dead rccecded itF uocumcalT'Ie,200606523 , bled Recoads Nueces Coo riy,'FGaii, iiydtdtfla+e aorthwelt Cerner o tills surae,. T1IENcrr North I.1'33'131 East. it a charartre o f IA '9.69 rut puma NI" iron rod ter at an olfie;, and In all a tote] itstenee or 1524.69 feet re a ii =rind nib 1pe weal line of Lal the s1 linear Lot 1, lhrc 301itiglig attract of t.'re said 5.75 over: tract, and far the nor theaat =oar of fids survey, Tutm-E with the weft Illrte ono' 2, tthc eeat liar or Lot t, South (11•2614' East. as dlitance of 3 57.02 fax[ to a5/1- Irplt t tet In the arcs[ bctradaay floe of Lot 3, the aunt ting Qr Lot 11,. feu the nrrtthcas[ corner of wits 19.3 &era teases, end for the south:ast camera elf t]tss sw vc*. iHENCE Stroh ar31100 Watt, LI a .a is".atare of 2,.00 feet pass a ' Inas cod sat is an Elisa, and in ill a to#a,l distant a 1499,69 feet to- the PONT ore'.EGINNINC OfdlltiWrenn Lai ccnteirtittg 11,497 aeres of lewd, more er I. Nina.; .) Beirirtgaire based an !lohs Pcs9iiar5rg System NAD 13 03)4105 Denote. 2.i A Map ar squeal dzlc sr.tiarnpatil cs segs Nimes in Bounds &wink* 1, Ronald E. Mow heirsy cell i ,y 1t,ak this sunny of etc properly legally described I:trcin vacsanti a en the snouted this day !an urn f 7.2D14 and is correct is the ba2s1 crony Itrteuied&e and 4cikr. Ror[ald. E. priatar. itP1S Ili, 54137 Dair. . Jiriuuy 15, 71114 faatatc 0415-06 Ordinance - GMG Partners, LP GF a i3! - AMOUNT:_ }I PAGES: —'1 SAN.JACINTO T'LE SEP..V CE5 Exhibit A Page 4 of 6 RS -6 aaalr�![+IY! •—�f 0 BATES -DR RS -6 400 800 Dep RIO ar- Cma edr ATMS Prepared By.. jeremym tor Development Services CASE: 0415-06 SUBJECT PROPERTY WITH ZONING Subject Proporfy RM -1 MNltlfdm fly 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light industrial 114 Heavy Indostrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 5 RS -4.6 5ingle-Famay 4.5 RS -TF two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Pant RMH Manufactured Home g 0EOPARO( NES�I I SUCT PROPtTY LOCATION MAP y1r Y City of Corpus Christi Exhibit B 0415-06 Ordinance — GMG Partners, LP Page 5 of 6 19=41^,.arvF7 m nawr, rrc m1 .1 41m, ..m ire Y §�--.r4f4 4Flvsc- 0 • 11 1~6:11.1. 01N $ II e. ,, -ri4.9� I;. 1.1111 •,...s has% -if 1 ;1 i 1.1_1-11=aTac—f�� zh T 111 A 1 1 F°, 4 i f \ 1 . i = 7. - i1 E u Piill t i, ii 1 I1 il t -II 0415-06 Ordinance — GMG Partners, LP Exhibit C Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0415-06 HTE No. 15-10000021 Planning Commission Hearing Date: April 22, 2015 Applicant & Legal Description Applicant/Owner: GMG Partners, LP Legal Description/Location: Being 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit for Resource Extraction Area: 34.12 acres Purpose of Request: Special Permit to allow the extraction of sand and gravel Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Light Industrial North "IL" Light Industrial Vacant Light Industrial South "IL" Light Industrial Vacant Light Industrial East "RS -6" Single -Family Vacant Light Industrial West "RS -6" Single -Family Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit remains consistent with the adopted Future Land Use Plan and the Westside Area Development Plan. Map No.: 050042 Zoning Violations: N/A Transportation Transportation and Circulation: The subject property has approximately 1,100 feet of street frontage along South Navigation Boulevard, which is an "A-1" Minor Arterial and 560 feet of street frontage along a proposed section of Omaha Drive, which is a "C-1" Minor Collector and a proposed section of Bates Drive, which is a "C-1" Minor Collector. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) South Navigation Boulevard "A-1" Minor Arterial N/A 95' ROW 64' paved 3,467 ADT Drive a "C-1" Minor Collector 60' ROW 40' paved N/A N/A Drive "C-1" Minor Collector 60' ROW 40' paved N/A N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for resource extraction. Development Plan: The applicant proposes to extract sand and gravel from the site for a period of two years. If the Special Permit is approved, the applicant will construct an office on site and store equipment (backhoes and other heavy equipment) and approximately 60 trucks to be used in extraction and removal of sand and gravel from the site. The applicant has indicated that the demand for the resources is significant at this time. The applicant requests that approval of the special use permit allow for hours of operation from 6:00 A.M. to 5:00 P.M. Existing Land Uses & Zoning: The current use of the property is vacant. North and south of the subject property is zoned "IL" Light Industrial District. East and west of the subject property is property zoned "RS -6" Single Family 6 District. Approximately 1,000 feet from the subject property to the southwest is property zoned "RM -1" Multifamily 1 District which is developed. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is in the process of platting. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for resource extraction is consistent with the Westside Area Development Plan and the adopted Future Land Use Plan's designation of the property as light industrial. The Unified Development Code Special Permit Review Criteria: The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: Planning Commission Final Report Page 3 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses permitted. 6. The use does conform in all other respect to regulations and standards in this Unified Development Code. 7. The development provides ample off-street parking and loading facilities. Department Comments: 1. Resource Extraction is also a heavy industrial use that the Unified Development Code allows in the "IL" Light Industrial District by Special Permit. A Special Permit is subject to limitations as deemed appropriate by the City Council. 2. The proposed use is appropriate at this location given the "IL" Industrial District designation of the subject property. 3. Extraction operations will be temporary and subject to a specific time period set forth in the approving ordinance. 4. An excavation permit approved by the Planning Commission will further ensure orderly operations. The excavation permit will include the requirement for erosion control and will include periodic inspection of the property. 5. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. 6. The proposed use will meet a demand that exists from various construction projects throughout the City which may include City infrastructure projects. 7. The site plan submitted is consistent with the criteria set forth in the Unified Development Code. Planning Commission and Staff Recommendation: Approval of the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction subject to compliance with the site plan and the following conditions: 1. Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. 2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3. Access: Vehicular access shall be allowed as per the approved site plan and excavation permit. 4. Hours of Operation: Hours of operation shall be limited to the hours between 7:00 A.M. and 5:00 P.M. 5. Restoration: The site shall be restored to pre-existing condition. Planning Commission Final Report Page 4 6. Time Limit: This Special Permit shall expire in three years or upon termination of the excavation permit, whichever comes first. Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 7 outside notification area As of April 28, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 6.36% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Public Comments Submitted (LOCATION MAP1 ty of Corpus ChristiChristi RS 6 4 3 0 4 Planning Commission Final Report Page 5 BA'TE iR d00 800 Feet R�S-6 5 PCa(i15 Prapured Sy- jaremym Merl? T or Oe%eIopnieni SeivtLCS CASE: 0415-06 Zoning & Notice Area RM -1 Mu111emlly 1 011-2 Multifamily 2 RM -3 Multifamily3 GN ProfeasionaIOlflet RM -AT Multifamily AT CH -1 Neighborhood Commercial CN.2 Neighborhood Commercial CR -I Resort Commercial CR -2 Resect C ewe arced CG -1 General Commercial CG4 General Commercial CI Intanslre Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Hlstorle Overlay BP Business Park IL Light Industrial 11 Heavy Industrial PWD Penned unit Dau. Overlay RS -10 Single -Family 10 R58 Single-Family6 RS -4.5 Single -Family 43 R5 -TF Two -Family 00.10 Single-Family15 RE Res idenllal Estate RS -Try TOWIMOUSC SP Special Permit RV Rocraeoenel VMlell Palk RMH MenufacWred Home &41,00 PT 0Ay 0a'nnrx 0 With 20V IN", .n moor A Ow*. a.imm2M.ftradcm h3r,nera alit he orr+xraaprabN X ?OPPO.nh SUBJECT PROPEAT-Y Planning Commission Final Report Page 6 --'�; I i .ra r til I i — 1- ‘LT"':. I If T f- F fF! 1 r,f r _ .. i- ¢ ■p ' �Ru I I' 1 I I. * y x 11 t 1, ,f i ! 4 ill Ii "J -1 lu �P II 1 11 O p. C I r 1 1 1 L I:f 1 I I I L I II n N 11 F BENCHUARKMATERI C4PF4F GHFATh TEYbS SITE PL4H .. fir'" r; I '-0' , '.} C "-•" ,..„10-,t Td' Perrons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, nue tienen la intencion de asistir a esta junta y que requieren servicios especiales. se les suplica que den aviso 48 horas antes de la iunta llamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is i •, pleasecaII the D =nt Services Department at (361) 826-3240 at least 48 hours in advance to reques ' : erprribdlprese t he meeting. Si usted desea diriairse a la commission durante la junta v su in' =tip=. limitadofavor dI de•artamento de servicios de desarrollo al numero 361 826-3240 al menos 4 a -r_ ; I un interprete ser presente durante la junta. CITY PLANNING COMMISSIO PUBLIC HEARING NOTICE Rezoning Case No. 0415-06 DLVLLOPMENT SERVICES SPECIAL. SERVICES GMG Partners, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "ILISP" Lht Industrial District with a Special Permit for Resource Extraction, not resulting in a change to the Future Land Use Plan. The Special Permit is requested to allow the extraction of sand and gravel. The property to be rezoned is described as: 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. April 22, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P 0 BOX 9277 CORPUS CHRISTI TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. 1— - t- VD) Printed Name: Qe , I_.t7J $R . G r GAALcr?. a pmeuRs£Mrl cz) Address:(DO W City/StateSANI G}r' -DNlb T g 78 ( ( ) IN FAVOR >IN OPPOSITION Phone: "2-10 ZZ 67f1' REASON: ,A) SEE MAP ON REVERSE SIDE Property Owner ID: 4 HTE# 15-10000021 J \i,141 Si tura eikatvie Case No. 0415-06 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, clue tienen la intention de asistir a esta junta y clue requieren servicios esoeciales, se les suglica clue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a Ia commission durante la iunta v su irides es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-06 GMG Partners, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for Resource Extraction, not resulting in a change to the Future Land Use Plan. The Special Permit is requested to allow the extraction of sand and gravel. The property to be rezoned is described as: 34.12 acres out of Lot 1, Block 10, J.C. Russell Farm Blocks, located on the east side of South Navigation Boulevard and north of Bates Drive. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 22, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in-person, by telephone call or by letter. Printed Name: 1atzd L _ f ii !1 T Address: ice. O. IOI ( ) IN FAVOR 04 IN OPPOSITION rt, T ) -o t_ City/State: /614V11:0 1-1-y i Phone: Ifo REASON: wed are. t frt .t, -1 Qws.er c 04-4. 7r smnt&l e/ cu s4 64- 4A.e prorosed re- zoo . EY54•14.0i • . 8 raAW u.,` I 1 eau% Lc►t..s+) do 5D t dr• ckadtge 4A -t citigniekir fc 414 ti•epo-rkry Ir n {ing 'gawk ciat elo ha I . S :liagot4.4� giROWIMTAY NATIONAL BANK SEE MAP ON - - • -SE SIDE Property Owne HTE# 15-100 Kyle E. Gubernater, Senior Vice President Case No, 0415-06 Project Manager: Dolores Wood Aerial Overview Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 19, 2015 Second Reading Ordinance for the City Council Meeting of May 26, 2015 DATE: TO: April 6, 2015 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com 361-826-7205 Approve Appropriation to the Regional Health Awareness Board CAPTION: Ordinance appropriating payments from Nueces County, in the amount of $31,000, and from the City of Corpus Christi, in the amount of $31,000.00, and San Patricio County, in the amount of $21,000.00 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. PURPOSE: The City of Corpus Christi, the County of Nueces, and the County of San Patricio provided funding for the 2013-2014 fiscal year. Before the funds can be used they must be appropriated. BACKGROUND AND FINDINGS: The Regional Health Awareness Board (RHAB) is supported through an Interlocal Agreement by the City of Corpus Christi, Nueces County, and San Patricio County. The purpose of the RHAB is to ensure that opportunities exist for quality dialogue by the citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. The RHAB functions as an independent committee to coordinate and enhance awareness of the various existing forums for community dialogue, and it serves as a clearinghouse for ensuring that inquiries are addressed in the appropriate forum. The City of Corpus Christi is the Fiduciary Agent of the RHAB. The purpose of the funds is to support the mission and goals of the RHAB. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to city policy. EMERGENCY / NON -EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: Corpus Christi Nueces County Public Health District Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $83,000 $83,000 Encumbered / Expended Amount This item BALANCE $83,000 $83,000 Fund(s): 1066 Comments: Not applicable RECOMMENDATION: Council approval of the item LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness Ordinance Ordinance appropriating payments from Nueces County, in the amount of $31,000, and from the City of Corpus Christi, in the amount of $31,000.00, and San Patricio County, in the amount of $21,000.00 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City of Corpus Christi, the County of Nueces, and the County of San Patricio provided funding for the 2013-2014 fiscal year. The funds must be appropriated by the City of Corpus Christi as the City of Corpus Christi is the Fiduciary Agent of the Regional Health and Awareness Board and; Section 2: Additionally, the City Manager, or his designee, is authorized to execute all documents necessary to appropriate the funds upon receipt In the amount of approximately $83,000 from Nueces Co., the City of Corpus Christi, and San Patricio C o . to support the mission and goals of the Regional Health Awareness Board program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") County of Nueces ("Nueces"), and County of San Patricia ("San Patricia"). Whereas, concerns over access to life quality decision-making and information have been expressed by some members of the Coastal Bend communities to regulatory and resource agencies; and Whereas, these citizen concerns resulted in the U. S. Environmental Protection Agency ("EPA") to initiate a risk evaluation process to shape community dialogue; and Whereas, the Parties agree that a meaningful and sincere dialogue over regional health awareness issues is essential; and Whereas, during discussions between the EPA and key stakeholders, questions regarding the rationale, need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concerns; and Whereas, the Parties believe that an evaluation of the existing forums available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, the Parties desire to undertake a four step process that will: 1. Assess the EPA's proposed Risk Evaluation Process. 2. Assess existing rnechanisrns for community dialogue. 3. Conduct a "gap" analysis between the EPA process and the status quo. 4. Based on the findings, develop a model to ensure effective dialogue with the community. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their • governing bodies, agree as follows: 1. Purpose. The purpose of this Agreement is to establish and maintain a Regional Health Awareness Board to assess communication models that the Parties can implement to share information used in their health awareness decision-making and the R34305A4.doc 1 methods the Parties can use to receive and provide to members of the local communities about life quality issues of concern to our residents. 2. Scope of Services. The functions to be performed by the Regional Health Awareness Board under this Agreement are outlined in Appendix A. 3. Other Agreements. Supplementary Agreements and Protocols. The Parties are encouraged, all or some, to enter into additional agreements and protocols governing operating departments of the Parties (for example, fire and health) are authorized and encouraged to enter into specific protocols with their counterparts to enhance coordination of regional health awareness matters. 4. Implementation. The City Manager and County Judges, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice_ 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority* by furnishing an executed original of the attached Participation Notice to the City. 9. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 10. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. R34306A4.doc 2 c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 11. Oral and Written Agreements. Ali oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are ®local governments" as that term is defined in the Interlocal Cooperation Act. 14. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 15. Validity and Enforceability. if any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 17. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person .or persons. 18. Immunity Not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 19. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. n4306A4.doc. 20. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 21. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.D. Box 9277 Corpus Christi, Texas 78469-9277 Nueces County: County of Nueces Attn: County Judge 901 Leopard Street, Room 303 Corpus Christi, Texas 78401-3697 San Patricia County: County of San Patricio Attn: County Judge County Courthouse, Room 109 400 West Sinton Street Sinton, Texas 78387 b. The parties to this agreement may specify to the other party in writing. 22. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 23. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. R34306A4,dac 4 24. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. R343G6A4.doc 5 APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues impacting health, safety, environment, and life quality. 2. How the Regional Health Awareness Board will function? The Regional Health Awareness Board will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. The Board's charge is to ensure that oppoi [unities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, the environment, and life quality. The Board will serve as both (1) a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue is available in ail topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forums will be encourage to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patricio County will require their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non-governmental organizations (h NGO's") with related activities will be requested to enter into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of: Six members representing a cross-section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two R3430685.doc year term and the ether appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City of Corpus Christi (1 member) Nueces County (1 member) San Patricio County (1 member) Port Industries of Corpus Christi (2 members) Texas A & M University — Corpus Christi (1 member) Texas A & M University — Kingsville(1 member) Texas Commission on Environmental Quality, Region 14 (1 ex-officio/non-voting member) U. S. Environmental Protection Agency, Region VI (1 ex-officio/non- voting member) City of Corpus Christi/Nueces County Health Department (1 ex-officio/non-voting member) San Patricio Health Department (1 ex-officio/non-voting member) 4, The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, but not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the pubtic, and posted under the Texas Open Meetings Act, Chapter 551, Texas Government Code. R34306B5.doc 2 2__)(3Dz23 04/A AMENDMENT TO APPENDXXA OF THE INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS WHEREAS, the City of Corpus Christi, TX ("City"), County ofNueces ("Nueces"), and County' of San Patrick) ("San Patricio"), collectively "Parties" entered into an Interlocal Agreement ("Agreement") in June of 2003; WHEREAS, the purpose of this Agreement was to establish and maintain a Regional Health Awareness Board (`Board") to assess communication models that the Parties can implement to share information used in their health awareness decision-making and the methods the Parties can use to receive and provide to members of the local communities about life quality issues to our residents; Whereas, the Parties agree that a meaningful and sincere dialogue over regional health awareness issues is essential; and Whereas, the Parties agree to add the Irma Lerma Rangel College of Pharmacy and the Education Service Center, Region 2 to the Board representatives. WHEREAS, the Parties agree to amend Appendix A of the Agreement in order to greatly enhance the Boards knowledge base to betterperform the scope of services as outlined in Appendix A. THEREFORE, Appendix A to the Agreement is amended as follows: The following lines are ADDED to Paragraph 3 after Texas A & M University — Kingsville (I member): "Texas A & M Irma Lerma Rangel College of Pharmacy (1 member) Education Service Center, Region 2 (I member)" All other terms of Appendix A to the Agreement that have not been modified herein shall remain the same. IN WITNESS WHEREOF, the Parties hereby execute this Amendment to Appendix A of the Interlocal Agreement to Promote Coinrnunity Dialogue on Regional Health Awareness, The last executing date of a Party will be the executing date of this Amendment. INTENDED TO REMAIN BLANK SIGNATURE PAGES ON THE NEXT PAGE Page 1 of 4 GO Executed thisc�/ day of NUECES COUNTY Samuel L. Neal, Ir. County Judge Attested by: lluwJ 2-- 2013. 8,,„„ Diana Bairera Nueces County Clerk -Date: 1 D Z8' Page 2of4 61 Executed this_ day of SAN PATRICIO COUNTY 2013. . aTei 5y Sihinpson County_'Judge Attested by:. Gracie Alaniz-Gonzales +:Sad at&Icio CountyClerk Date; /%- O 7.- /3 Page 3 of 4 62 Executed this(3A)day of , 2013. CITY OF CORPUS CHRISTI Ronal. O1s 6 City anag r _f�- Attested by: 4-1-1-\t', Armando Chapa City Secretary Date: o / i Page 5 of 5 cQi L-3,1`, /7 Ir6 �• ! U w.aw.�r sT CoUNGIL sewn% 63 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: TO: FROM: May 15, 2015 Ronald L. Olson, City Manager Dan M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Annexation of 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as the Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road CAPTION: Annexing 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as Sam Kane Beef Processors, located at the intersection Leopard Street and Clarkwood Road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and providing for publication. PURPOSE: SKB Acquisition LLC has requested that the City Council grant its petition for annexation of its beef processing facility. Approval of the annexation will entitle the property owner to police and fire protection and many other services provided to properties inside city limits. Annexation will also allow the City to levee city taxes on the annexed property. BACKGROUND AND FINDINGS: In 2008, SKB Acquisition LLC, formerly Sam Kane Beef Processors, requested that the City disannex the property so the company could qualify for a government grant for industrial facilities not located inside a municipality. To assist Sam Kane Beef Processors, the City disannexed the property and concurrently approved a 380 Agreement with the company. The 380 agreement guaranteed that the city would not annex the property for 15 years provided that the company paid a fee in lieu of city taxes. The fee was set to be equivalent to the amount of city taxes if the property were located inside city limits. ALTERNATIVES: Deny the annexation request. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Excerpts from the Corpus Christi Policy Statements, Economic Development: Policy Statement A. Encourage Orderly Growth - Orderly growth should be encouraged as it is necessary for maintaining a dynamic economy offering job opportunities and income levels commensurate with a rising standard of living. Policy Statement C. Promote the expansion of existing and new business development to promote city growth and a strong local economy. The city should promote the growth and expansion of existing businesses because they are the "backbone" of the local economy. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Assistant City Manager's Office - Business Liaison Legal Department Development Services Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Costs for city services will be absorbed under the current city budget due to the small size of the annexation area. RECOMMENDATION: Approval LIST OF SUPPORTING DOCUMENTS: Annexation Petition Ordinance ORDINANCE ANNEXING 70.25 ACRES OF LAND OWNED BY THE SKB ACQUISITION LLC, FORMERLY KNOWN AS SAM KANE BEEF PROCESSORS, LOCATED AT THE INTERSECTION OF LEOPARD STREET AND CLARKWOOD ROAD; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, SKB Acquisition LLC (formerly Sam Kane Beef Processors), is the sole owner of all interest in the surface of a 70.25 acre tract of land, located at the intersection of Leopard Street and Clarkwood Road, which is situated in Nueces County, Texas, and which is described in Exhibit A; WHEREAS, SKB Acquisition LLC petitioned and requested the City Council of the City of Corpus Christi, Texas, to annex the land to the City of Corpus Christi, Texas, and make the tract of land a part of the City of Corpus Christi, Texas; WHEREAS, SKB Acquisition LLC land is contiguous and adjacent to the existing city limits of the City of Corpus Christi, Texas; WHEREAS, SKB Acquisition LLC is the subject of a 380 Agreement entered into by and between the Sam Kane Beef Processors (now SKB Acquisition LLC) and the City of Corpus Christi which prevents the city from initiating annexation without a specific petition from the land owner; WHEREAS, the City of Corpus Christi is authorized to annex the tract of land owned by the SKB Acquisition LLC, by petition under the authority of Section 43.028, Texas Local Government Code; WHEREAS, approval of this ordinance shall constitute the granting of the petition specified in Section 43.028(d), Texas Local Government Code; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 70.25 acre tract of land, now or formerly owned by SKB Acquisition LLC, described in Document No. 2013016625, dated April 29, 2013, filed for record in Nueces County Deed Records, located south of Leopard Street and west of Clarkwood Road, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract of land is described by metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance. SECTION 2. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 3. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 4. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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. This ordinance is effective immediately upon passage. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A Field Notes for a 70.25 acre tract of land, more or less, situated in Survey No. 416, Abstract No. 838 and Survey No. 500, Abstract No. 582, being out of Share No 3 and Share No. 4, of the George Frank Partition, as recorded in Volume 142, Page 579 of the Deed Records of Nueces County, Texas, and being comprised of a 16.3639 acre tract of land, described in a deed from Sam Kane and wife, Aranka Kane to Sam Kane Wholesale Meats, Inc., recorded in Volume 1450, Page 237 of the said Deed Records, a 16.526 acre tract of land, recorded in Volume 1589, Page 197 of the said Deed Records, and all of Tract A, of Sam Kane Tract A, as recorded in Volume 28. Page 38 of the Plat Records of Nueces County, Texas, said 70.25 acre tract being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found, on the South R -0-W line of Leopard Street, a public roadway, the Northeast corner of a 0.23 acre tract, called Tract 5, on the plat of Tract 5 and 6 Hutchins Tracts, as recorded in Volume 32, Page 98 of the said Plat Records, the West Line of the said Share 3, for the Northwest corner of the said 16.526 acre tract and this tract; THENCE, South 65°55'52" East, with the said South R -0-W, being the North line of the said 16.526 acre tract, at 462.86 feet, pass the Northwest corner of the said 16.3639 acre tract, being the Northeast corner of the said 16.526 acre tract, continuing with the said R -0-W line and the North line of the said 16.3639 acre tract, at 983.91 feet pass the Northwest corner of the said Tract A the Northeast corner of the said 16.3639 acre tract, continuing with the said R -0-W line, being the North line of the said Tract A, in all 2659.98 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, for the Northeast corner of the said Tract A and this tract; THENCE, South 33°20'13" East, 98.52 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, on the West R -0-W line of Clarkwood Road, a public roadway, for a corner of the said Tract A and this tract; THENCE. South 00°43'08" East, with the said West R -0-W, 613.32 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, being the Northeast corner of a 1.00 acre tract. described in a deed from M.B. Mastin to W.S. Hutchins. as recorded in Volume 180, Page 147 of the said Deed Records, for the Southeast corner of the said Tract A and this tract; THENCE, South 89°17'22" West, with the common line of the said 1.00 acre tract and the said Tract A, at 1572.86 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.3639 acre tract, the Southwest corner of Tract A, continuing with the common line of the said 1.00 acre tract and the said 16.3639 acre tract, at 2045.42 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.526 acre tract, the Southwest corner of the said 16.3639 acre tract, continuing with the common line of the said 1.00 acre tract and the said 16.526 acre tract, in all 2465 .49 feet, to a 1 inch iron pipe found, in the East line of a tract, described in a deed from Mary Hutchins Triestman to the Mary Hutchins Triestman Limited Partnership, as recorded in Document No. 2001007773 of the Official Public Records of Nueces County, Texas, being the Northwest corner of the said 1.00 acre tract, for Southwest corner of the said 16.526 acre tract and this tract; THENCE, North 00°47'54" West, with the West line of the said 16.526 acre tract, 1811.17 feet to the Point of Beginning and containing 70.25 acres of land, more or less (3060127 square feet). Bearings are based on OPS, Grid North, NAD 83, State Plane Coordinates, Texas South Zone 4205. Exhibit B • O • � Tim' �_ f!' 0 9 .41 f CLARKW009 ftfl l wrwv - •- -- J __ N79LE01NONV —r -•-1 tll• HSi N Vd $ -1![ L-❑ N tll i 0 0 May 15, 2015 Ronald L. Olson, City Manager 1201 Leopard Street Corpus Christi, Texas 78401 Dear Mr. Olson, Enclosed is a petition to annex the 70.25 acre site known as the Sam Kane Meat Processing facility. Please notify me when the City Council plans to consider this petition. If you or your staff has any questions our contact for this process is Chuck Jackson, Vice President of Finance and Administration at (361) 241-5000. Sine f Y, o mate Presiden Sam Kane Beef Processors LLC Enclosures Petition Requesting Annexation SAM KANE BEEF PROCESSORS LLC § KNOW ALL MEN BY THESE PRESENTS: CITY OF CORPUS CHRISTI § PETITION FOR ANNEXATION Sam Kane Beef Processors, (herein PETITIONER), is the sole owner of all interest in the surface of the hereinafter described land situated in Nueces County, Texas; do hereby petition and request the City Council of Corpus Christi, Texas to annex the hereinafter described land to the City of Corpus Christi, Texas and make said land a part of the City of Corpus Christi, Texas, said land being contiguous and adjacent to the existing city limits of Corpus Christi, Texas. Said land is described as follows: Being a 70.25 acre tract of land described in warrant deed Document 2013016625 in the Deed Records of Nueces County, Texas and generally located on the southwest corner of Leopard Street and Clarkwood Road plus Clarkwood Road right-of-way directly abutting the 70.25 acres SAM KANE BEEF PROCESSORS LLC Pii By: Loaters, Pre = • nt Sam ne Beef Pr, -ssors LLC yM t y ?-01 Effective Date: By: Rebecca Huerta City Secretary ATTEST OR APPROVED: (if required) By Name: Title: CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: THE STATE OF TEXAS /l COUNTY OF TRAVIS / I utCES BEFORE ME, tile undersigned, a notary public in and for the State of Texas, on this day personally appeared _ V ci' 2,1te, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said President of said Sam Kane Beef Processors LLC for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the /VA day of Mr 2015. (,g„0ma9 Notary Pub in and for the State of Texas MARGARET CORDOVA Notary PubNc, State of Texas il My Commission Expires �N , June 10, 2018 lob AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: May 7, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at Property Address: 7321 South Staples Street (FM 2444) CAPTION: Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. PURPOSE: The purpose of this item is to rezone property to allow the commercial development of this property in conjunction with the property immediately to the north. RECOMMENDATION: Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Recommendation (March 25, 2015): Denial of the rezoning to the "CG -2" General Commercial District and, in lieu thereof, approval of a rezoning to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District on 0.826 acres of vacant land. The applicant has no specific plans for development at this time but is rezoning this piece of land so that it can be developed at a later date in conjunction with the property immediately to the north. The rezoning is consistent with the Comprehensive Plan and the Southside Area Development Plan. The rezoning is compatible and maintains character with the adjacent uses to the north, south, east, and west, which include residential and commercial uses. The rezoning does not have a negative impact on the surrounding neighborhood. The subject property is physically separated from the single-family lots to the south by an alley within the Buckingham Estates subdivision. According to the applicant, the applicant met with members of the Buckingham Estates subdivision after the March 25th Planning Commission meeting. The neighborhood's concerns related to not wanting a dumpster within 50 feet of the residential property line, offensive lighting and signage. Staff understands that the applicant agreed to impose a deed restriction to limit the dumpster's location if the "CG -2" General Commercial District is approved. The applicant also discussed with the staff that the Unified Development Code limits the height of freestanding light poles to 15 feet if they are within 50 feet of a residential property and that the signage limitations do not differ between the "CG -2" General Commercial and "CN -1" Neighborhood Commercial zoning districts. ALTERNATIVES: 1. Approve the "CG -2" General Commercial District. 2. Deny the requested "CG -2" General Commercial District and, in lieu thereof, approve the "CN -1" Neighborhood Commercial District. 3. Deny the request for a commercial zoning district altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance for "CG -2" General Commercial District Ordinance for "CN -1" Neighborhood Commercial District Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doxa Enterprises, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, and on Tuesday, May 26, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Doxa Enterprises, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street (the "Property"), from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 045032), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property and Exhibit B, which is a location map of the property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0315-01 Ordinance — Doxa Enterprises, LP Page 2 of 4 LEGAL DESCRIPTION OM ACRE TRACT A 9.85 ACRE TRACT OF LAND 00`x' OF A 4,639 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2007021581, DEED RECORDS, NTUhCES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING ata calculated mint for the most westerly corner of Lot 1B, Block I, Rogers Subdivision, as recorded in Volume 68, Page 54, Map Records, Nueets County, 'Texas, for the north earner of the (herein described tract; THENCE South 61"(12`33" East, with the south line of said Lot IB, a distance of 610.00 feet to the beginning u curve to the left with a radius of 10.00 feet, and a delta angle of 9O°00'00", For u corner of the herein described tract; THENCE in a northeasterly direction with said curve to the left, and the southerly litre of said Lot 113, an arc distance of 15.71 feet to a calculated point on the westerly right -of way line of South Staples Street for a corner of the herein described tract and a earner of said Lot 1R; THENCE South 28'57'27" West, with said westerly Zine of South staples street, same being the easterly Tine of said 4.689 acre tract, a distil MCe of 70_[)0 Feer .o a calculated point on the aforementioned westerly right-of-way line of South Staples Street, for the most sDuthcrly comer of the herein described tract and the most southerly corner of said 4.689 acre tri; THENCE North 61 °02'33- West, with south line of said 4.689 acre tract, a distance of 620.00 feet to a calculated pint for the west earner of the herein described tract and the west corner of said 4.689 acre tract THENCE North 2851'27" west, with west line of said 4439 acre tract, a distance of 60.70 fejt to the POINT OF BEGINNING and containing 37,221.5 square fiat or 0.85 acre of laird. NOTE: THIS DESCRIPTION WAS PREPARED HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY, ALL BEARINGS ARE BASED ON DEET( BEARINGS AS RECORDED IN DOCUMENT NUMBER 2,007021 81, DEED RECORDS, NIECES COUNTY, TEXAS. Stacey gMora, RPI:S Registered Professional Land Surveyor Texas Registration No_ 6166 Naismith I?ngincering, Inc_ TBPE F#355 TBPLSt1l00395-00 Date'1w,_, 9e14449Fle onrnglAM Lf—CAP.oeSCRrP TON 0.96 Air& PaceIdace Exhibit A 0315-01 Ordinance— Doxa Enterprises, LP 1 :•f1 Page 3 of 4 `SUBJECT PROP TY mea LOCATION MAP 1 City of .� Corpus Christi RS -6 SP/15-03 SUBJECT PROPERTY Date Created. 3/70/2015 Prepared By. feremym Department of Development Services CASE: 0315-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 06 Professional Offico RM -AT Multifamily AT CNA Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CRD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial iH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Exhibit B 0315-01 Ordinance — Doxa Enterprises, LP Page 4 of 4 Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doxa Enterprises, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, during which the requested "CG -2" General Commercial District was denied, and on Tuesday, May 26, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Doxa Enterprises, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 045032), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property and Exhibit B, which is a location map of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Doxa CG -2 Ordinance revision Page 2 of 4 LEGAL DESCRIPTION 0.913 ACRE TRACT A 9.85 ACRE TRACT OF LAND OUT OF A 4,639 ACRE TRACT OF LAND AS RE CORDED 11i DOCUMENT NUMBER 200702 ( 581, DEED RECORDS, N'UhCES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING ata calculated mint for the most westerly corner of Lot 1B, Block I, Rogers Subdivision, as recorded in Volume 68, Page 54, Map Records, Nueets County, 'Texas, for the north corner of the (herein described tract; THENCE South 61"(12`33" East, with the south line of said Lot IR, a distance of 610.00 feet to the beginning a curve to the left with a radius of 10.00 feet, and a delta angle of 90°00'00", For u corner of the herein described tract; THENCE in a northeasterly direction with said curve to the left, and the southerly litre of said Lot 113, an arc distance of 15.71 feet to a calculated point on the westerly right -of way line of South Staples Street for a corner of the herein described tract and a earner of said Lot 111; THENCE South 28'57'27" West, with said westerly Zine of South staples Street, name being theeastcrly tine of said 4.689 acre tract, a distaRIC e of 70_[)0 Feer .Rya calculated point oir the aforementioned westerly right-of-way line of South Staples Street, for the most sDuthcrly comer of the herein described tract and the most southerly corner of said 4.689 acre tri; THENCE North 61 °02'33- West, with south line of said 439 ac rr tract, a distance of 620.00 feet to a calculated pint for the west corner of the herein described tract and the west corner of said 4.689 acre tract THENCE North 2E91'27" West, with west line of said 4439 acre tract, a distance of 64.00 fejt to the POINT OF BEGINNING rind containing 37,221.5 square feet or 0.85 acre of laird. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY, ALL BEARINGS ARE BASED ON DEET( BEARINGS AS RECORDED IN DOCUMENT NUMBER 2007021=1 11, DEED RECORDS, NIECES COUNTY, TEXAS. Stacey g lora, RPLS Registered Pro fcssianal Land Surveyor Texas Registration No_ 6166 Naismith I?ngincering, Inc_ TBPE F#355 TBPLS#100395-00 Date'1w,_, 9e00t9Ae2onrnphlg.EirfGALo=SerirTiON0.96Acre PaceIdace 101 Exhibit A Doxa CG -2 Ordinance revision Page 3 of 4 `SUBJECT 4. PROP TY F40-2,14 LOCATION MAP 1 City of .� Corpus Christi RS -6 SP/15-03 SUBJECT PROPERTY Date Created. 3/70/2015 Prepared By. feremym Department of Development Services CASE: 0315-01 SUBJECT PROPERTY WITH ZONING Fr Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 06 Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CO -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Exhibit B Doxa CG -2 Ordinance revision Page 4of4 PLANNING COMMISSION FINAL REPORT Case No. 0315-01 HTE No. 15-10000009 Planning Commission Hearing Date: March 25, 2015 Applicant & Legal Description Applicant/Representative: Craig B. Thompson, P.E. (Naismith Engineering) Owner: Doxa Enterprises, LP. Legal Description/Location: Being 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 0.826 acres Purpose of Request: To allow a commercial use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Commercial North "CG -2" General Commercial Vacant Commercial South "PUD" Planned Unit Development Single -Family Residential Single -Family Residential East "CG -2" General Commercial Commercial Commercial West "RS -6" Single -Family Single -Family Residential Single -Family Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District remains consistent with the adopted Future Land Use Plan. Map No.: 045032 Zoning Violations: N/A Transportation Transportation and Circulation: The subject property has approximately 70 feet of street frontage along South Staples Street (FM 2444), which is an "A- 3" Primary Arterial Divided. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) South Staples "A-3" Primary 130' ROW 95' ROW 20,339 Street Arterial Divided 79' paved 64' paved ADT (FM 2444) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow commercial uses. Development Plan: The applicant has no plans for development at time of application, but to develop this property in conjunction with the property immediately to the north. Existing Land Uses & Zoning: The current use of the property is vacant. North and east of the subject property is a commercial business zoned "CG -2" General Commercial District. South and west of the subject property are single-family dwellings zoned "RS -6" Single Family 6 District and a "PUD" Planned Unit Development (Buckingham Estates). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning of the 0.826 acre property to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. Plat Status: The subject property is not platted. Department Comments: • The rezoning is consistent with the Comprehensive Plan and the Southside Area Development Plan. • The rezoning is compatible and maintains character with the adjacent uses to the north, south, east, and west, which include residential and commercial uses. • The rezoning does not have a negative impact on the surrounding neighborhood. • The subject property is physically separated from the single-family lots to the south by an alley within the Buckingham Estates subdivision. Staff Report Page 3 Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Recommendation (March 25, 2015): Denial of the rezoning to the "CG -2" General Commercial District and, in lieu thereof, approval of a rezoning to the "CN -1" Neighborhood Commercial District. Public Notification Number of Notices Mailed — 25 within 200 -foot notification area 12 outside notification area As of May 7, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 1 outside notification area Totaling 4.01% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Copy of Public Comments Submitted SP/95-43 4.4t***ktiff C/G-2 SUBJECT PROPERTY CG - Fee Owe Cleared: 3/10/2025 Prepared By: Jeremym Department of Devefopmenr Services CASE: 0315-01 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily3 ON Professional Office RM -AT Multifamily AT CH -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commerllal CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Der- Overlay RS -10 Sing Ic-Fa mily 12 RS -5 Single -Pam I lyfi RS -4.5 Single -Family 4.2 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS•TH Townhouse 5p Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Sdjea PrWilyO ners are 200,ander�� favor 4 Qrndr5 widhin 2W' listed anOwners adtsChe0atraerye0/ labfe X jn °ppcswon Staff Report Page 4 Persons with disabilities planning ( ttend this meeting, who may require spe services, are requested to contact the Development Services Departn‘.:iit at least 48 hours in advance at (361) 82u-.240. Personas con incapacidades, •ue tienen la intention de asistir a esta 'unta 'ue re+uieren servicios es+eciales se les su'tica +.Je den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durance la junta v su inoles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0315-01 Y?eCecUec@ cjt— �nea,uv� S/25/t5 Doxa Enterprises, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as: Being a 0.826 Acre out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 25, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Tr ) V �r M 17 u (1 Address: �I) St'{ clfru1 -1)- ( ) IN FAVOR ( IN OPPOSITION REASON: We wn4ersfanL 11 eo i s -Ole Own.ey 0"F Vr617C1t). -t, owns !<m-i-� a-4. 1 -eta -I" p` 10i ltiards business . Inti_t1�+ frr�-ha lnce� USjvIYZS� Owt- pa 1� c c I d� + (-41.1-1. I l Pari~ o -F n o r rria 1 b OtNI'dovY po-fi`a : noise t S fwa��1 l o u� b 4fc t...,(1 / , 1 } 6' f .�1,: s -�ee • �� u c �,�. lam. -TiJ ..��(.r °As 8 for .,a -Ml r{ - �� , yle Les h La Intiefren-4" rive 't. Signature1. ICS SEE MAP ON REVERSE SIDE b.,stKrsres. A I t (uMre.,cir(At O.I ttiSinesS �a�^ SaJ Property Owner ID: 3 k a 5 i"� t< r CCh N {fe f 'i 7 r 1-/ � - q�'1 6°Vol Case No. 0315-01 HTE# 15-10000009 n Rha -fie r - u -1-,- e -- m to tine 0,n 09,- hvrL i S 5} Sir►g[Project anager: 1 S sttev4ve:d + ..p,„1,pv►11 5 ks5 tiaut b -T LI) 0 SC I. t to 4\'r ld D 4 ti.Rn5 / Fi Al VDL‘Ut City/State: 1, il lis C r I S fi V Phone: 64 q — 9 2-15 Persons with disabilities planning t tend this meeting, who may require spe services, are requested to contact the Develrgpment Services Departmthtt at least 48 hours in advance at (361) 82b 3240. Personas con incapacidades, que tienen la intencidn de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de is junta Ilamando al departamento de servicios de desarrollo, al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su _ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (3611826-3240 al menos 48 horn- tes-cte la luntaparaiolieitaR un interprete ser presente durante la junta. n r r - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0315-01 MAR 19 2015 DEVELOPMENT SERVICES SPECIAL SERVICES Doxa Enterprises, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as: Being a 0.826 Acre out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 25, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street, You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMEN r SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: pzmA_ It() ( ) IN FAVOR IN OPPOSITION REASON: (2A14( tbUA SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 15-10000009 City/State: Phone: 3 / 77J'> r Signature Case No. 0315-01 Project Manager: Steven Rhea BUCKINGHAM ESTATES ASSOCIATION P.O. Box 271646 Corpus Christi, Texas, 78427-1646 March 19, 2015 Planning Commission City of Corpus Christi 120I Leopard Street Corpus Christi, Texas 78401 Dear Planning Commission Members, The purpose of this letter is to provide comments regarding City Planning Commission Public Hearing Notice for Rezoning Case Number 0315-01, which is scheduled for Public I tearing on 25 March 2015. 1 am writing this letter in my capacity as Buckingham Estates Homeowners, Association President, because previously -scheduled out-of-state business -travel obligations make it impossible for me to appear in person at the 25 March hearing. Buckingham Estates is a 168 -lot gated residential development located at the intersection of South Staples Street and Yorktown Boulevard, and immediately adjoining the property at issue in this case. Consequently, the proposed rezoning action affects the entire development and not merely the homes and lots physically located within the standard 200 -foot distance which comprises the normal area for mailing of City rezoning notices. Unfortunately, the relatively short time available between receipt of City notices (by the small subset of Buckingham Estates owners who actually received a mailed notice. post marked 13 March), and the 25 March hearing, has complicated the challenge of notifying all Buckingham Estates homeowners and obtaining individual comments and signatures from each owner. Consequently, the Association Board of Directors made the unanimous decision to send this letter as the most practical means of providing the Planning Commission with the consensus views of all 168 Buckingham Estates property owners. Those facts and concerns are as follows: I) The current FR zoning of the property in question in this case has existed for a period of decades, and certainly since the time Buckingham Estates was originally developed in the early 1980s. 2) The FR -zoned property has thus been a long-standing, integral factor in defining the status quo nature of the Buckingham Estates development as a gated residential property adjoined on its non -Staples and non -Yorktown sides by other single-family detached homes -- but which does not directly abut any commercial facility. The FR -zoned property in question has thus historically served as a de facto buffer zone between the Buckingham Estates development and any potential future commercial facility which might understandably be constructed along Staples Street within the more remote (i.e., northern) CG -2 -zoned portion of the larger lot in question in this case (of which the FR - zoned portion forms the southern boundary). 3) Rezoning the FR -zoned property in question for CG -2 use will potentially change the nature and curb -appeal property values of the Buckingham Estates development, by making it possible to construct a commercial facility directly up against the Buckingham Estates north fence (i.e., the fence which abuts the FR -zoned property in question). 4) Based on Table 4.5.2 of the City's Unified Development Code, examples of the most concerning types of CG -2 -zoned facilities that could be constructed immediately up against the Buckingham Estates fence (i.e., without benefit of the existing FR -zoned buffer) include such facilities as bars, restaurants, convenience stores, service stations, multi -family apartments, etc. (with all the attendant traffic, noise, and potential after- hours activities which might predictably accompany such commercial use developments). 5) Such an end result would completely alter the existing nature of the Buckingham Estates development. It would negatively impact the implicit promise of "peace and quiet living" which provides much of the appeal to potential buyers of Buckingham Estates homes. That in tum has genuine potential to negatively affect our future property values. 6) The fact of the current FR zoning status of the properly in question provides an obvious constraint on its developmental use. However, that constraint is not new; it represents a decades -long status quo condition. That constraint is something which predates the current property owner's ownership, so the current property owner was not ignorant of the constraint at the time of purchase. Therefore, retaining the existing•1'R zoning designation inflicts no harm to, and imposes no new constraints uponthe current owner. Bottom Line: It appears clear to the homeowners of Buckingham Estates Association that the fairest -possible resolution to this matter for all parties involved is to retain the FR zoning status of the property in question and disapprove its rezoning to CG -2 use. Should you need to contact me regarding this issue, my email is; craiu.kIeint(att.net my home number is 361-985-6310, and my cell phone number is 619-384-3737. Sincerely, Craig S. Kleint President, Buckingham Estates Association Aerial Overview Aerial AGENDA MEMORANDUM Emergency Reading Ordinance for the City Council Meeting of May 26, 2015 DATE: TO: Ronald L. Olson, City Manager May 13, 2015 FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Accepting and appropriating additional grant funds from the FY 2013 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funds in the amount of $104,108.13 from Nueces County for funding eligible under the FY 2013 Department of Homeland Security Grant Program Operation Stonegarden to reimburse overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; appropriating the $104,108.13 in the No. 1061 Police Grants Fund; and declaring an emergency. PURPOSE: Accept the grant amendment and appropriate the funds. BACKGROUND AND FINDINGS: The Nueces County Sheriff's Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriff's Office, with the assistance of the Police Departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate within the Rio Grande Valley. Each month, officer's timesheets, signed overtime sheets, and worksheets will be provided to Nueces County. The County will submit the reimbursement paperwork to FEMA where it will be reviewed and a check will be sent to Nueces County. The Nueces County Accounts Payable division will process a payment to the City of Corpus Christi. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $254,595 $254,595 Encumbered / Expended Amount This item $104,108.13 $104,108.13 BALANCE $358,703.13 $358,703.13 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept additional grant funds in the amount of $104,108.13 from Nueces County for funding eligible under the FY 2013 Department of Homeland Security Grant Program Operation Stonegarden to reimburse overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; appropriating the $104,108.13 in the No. 1061 Police Grants Fund; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept additional grant funds in the amount of $104,108.13 from Nueces County for funding eligible under the FY 2013 Department of Homeland Security Grant Program Operation Stonegarden to reimburse overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44. SECTION 2. That $104,108.13 is appropriated in the No. 1061 Police Grants Fund. SECTION 3. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on May 26, 2015. Corpus Christi, Texas Day of 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, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn John S. Galvan Chief Deputy john.galvan@nuecesco.com Daniel T. Perez Assistant Chief Deputy - Operations daniel.perez@nuecesco.com M. McKenzie Assistant Chief Deputy - Jail Operations michael.mckenzie@nuecesco.com JIM KAELIN SHERIFF May 12, 2015 Cmdr. John Houston Corpus Christi PD 321 John Sartain St, Corpus Christi, TX 78401 Re: Adjustment/Increase to 2013 OPSG Grant Commander Houston, I would like to inform you that we have adjusted your allocation for the 2013 OPSG Grant. Below is a table reflecting this adjustment. Please note this grant is ending soon, therefore any equipment you are purchasing, must be done as soon as possible. Please feel free to contact our office should you have any questions regarding this matter. Overtime: Original Amt Adjustment New Amount CCPD $ 134,595.00 $ 91,968.70 $ 226,563.70 Equipment Original Amt Adjustment New Amount CCPD $ 120,000.00 $ 12,139.43 $ 132,139.43 Thank you, John S. Galvan Chief Deputy Nueces County Sheriff's Office 901 Leopard Street, Room 220 • P.O. Box 1940 • Corpus Christi, Texas 78403-1940 • (361) 887-2222 • FAX (361) 887-2206 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 26, 2015 Second Reading Ordinance for the City Council Meeting of June 9, 2015 DATE: 4/24/15 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant amendment FY 14-15 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of January 1, 2015. PURPOSE: The Women's, Infant and Children's Grant allows the Health District WIC division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition• related risks. DACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition -related risks. This item approves an amendment to the current contract with the Department of State Health Services appropriating additional funding to provide services at the Corpus Christi-Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract (Contract #2015-047290-001A) will begin on 1/01/2015 through 09/30/2015. No matching funds required. ALTERNATIVES: No additional funding for WIC Program at the Corpus Christi-Nueces County Public Health District. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY/ NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance -Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating o Revenue o Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,052,271 $1,052,271 Encumbered / Expended Amount This item BALANCE $1,052,271 $1,052,271 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance 2015- NSS/WIC Local Agency Contract Amendment Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of January 1, 2015. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate additional funding from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program, in the amount of $88,902.00 to the current contract amount of $963,369 for a total grant in the amount of $1,052,271.00 (Contract #2015- 047290-001A). Section 2. The City Council ratifies acceptance of the additional funding to t h e grant to begin as of January 1, 2015. A copy of the documents shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend the Program Attachment # 001 (Program Attachment) to Contract # 2015-047290 (Contract) in accordance with this Amendment No. OO1A : NSS/WIC LOCAL AGENCY, effective 01/01/2015 . The purpose of this Amendment is due to rate increase effective 1/1/15; which also requires additional funding than initially established on initial contract. This Amendment has a retroactive effective date because: Initial FY15 contract was in Mailed status in Source previously and has recently been executed by all parties - 02/24/15; which will now allow an amendment to be created in Source screen. It is mutually agreed by and between the contracting parties to amend the terms and conditions of Document No. 2015-047290 as written below. All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Therefore, DSHS and Contractor agree as follows: Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. -004 OO1A SECTION.VII. BUDGET is revised as follows: Total reimbursements will not exceed: -$963469700 $1,052,271.00. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT is revised as follows: During the term of the Program Attachment, Contractor shall earn administrative funds at the rate of $12.71 $13.23 for each participant served as defined above. Page - 1 of 2 All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of the Contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Signature of Authorized Official Date: Date: Evelyn Delgado Name: Assistant Commissioner for Family and Title: Community Health Services 1100 WEST 49TH STREET Address: AUSTIN, TEXAS 78756 512.776.7321 Evelyn.Delgado@dshs.state.tx.us Phone: Email: Page -2of2 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 21, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Stacie Talbert Anaya, Interim Director, Parks and Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Hike and Bike Trail Development — Schanen Ditch CAPTION: Ordinance appropriating $721,182 of anticipated revenues from the Texas Department of Transportation in Fund No. 3280 for the Hike and Bike Trail Development — Schanen Ditch project (BOND 2012); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $721,182; and authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development — Schanen Ditch project (BOND 2012) for the Base Bid. PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development — Schanen Ditch project (BOND 2012) for the Base Bid and appropriate the funds that will be provided by the Texas Department of Transportation (TxDOT) K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\SCHANEN HIKE AND BIKE\AGENDA MEMO - SCHANEN HIKE AND BIKE TRAIL.DOCX BACKGROUND AND FINDINGS: This project consists of the construction of approximately 5,620 feet of 10' wide hike & bike trail along the existing Schanen Drainage Ditch beginning at Yorktown Blvd. and ending at Saratoga Blvd. The majority of the trail surface will consist of decomposed granite with a lesser portion of the trail consisting of concrete paving. Included in the construction are: site grading, embankment, lime treated subgrade, concrete curb, header curb, trail heads, stained/stamped concrete, timber pedestrian railing, concrete ADA curb ramps, and signing and striping. The project is partially funded by the Texas Department of Transportation, who will have jurisdiction over the project. On April 8, 2015 the City received proposals from 4 (four) bidders and the bids are as follows: Contractor Base Bid LNV, Inc. Corpus Christi, Texas $1 194,858.16 Jacob White Construction Friendswood, Texas $1,499,863.66 Barcom Construction, Inc. Corpus Christi, Texas $1,616,674.50 Safenet Services, LLC. Corpus Christi, Texas $1,464,479.17 ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid Only with LNV, Inc. proposed. 2. Do not execute the Construction Contract for the Base Bid Only with LNV, Inc (Not recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements and the limits of this project from Yorktown Blvd. to Saratoga Blvd. has become Phase 1 work. A grant was submitted to the Texas Department of Transportation for Phase 2 work which will extend this project from Saratoga Blvd. to Holly Road. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2014-2015 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\SCHANEN HIKE AND BIKE\AGENDA MEMO - SCHANEN HIKE AND BIKE TRAIL.DOCX FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $275,465.00 $691,050.07 $966,515.07 TXDOT 721,182.00 721,182.00 Available Budget $275,465.00 $1,412,232.07 $1,687,697.07 Encumbered/Expended Amount 275,465.00 This item 1,194,858.16 1,194,858.16 Future Anticipated Expenditures This Project 215,985.82 215,985.82 BALANCE $0.00 $1,388.09 $1,388.09 Fund(s): Parks and Recreation Bonds 2008, 2012 and Texas Department of Transportation Comments: The Construction Contract will result in the expenditure of an amount not to exceed $1,194,858.16. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid with LNV, Inc. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Trail Photos (3) K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\SCHANEN HIKE AND BIKE\AGENDA MEMO - SCHANEN HIKE AND BIKE TRAIL.DOCX ORDINANCE APPROPRIATING $721,182 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN FUND NO. 3280 FOR THE HIKE AND BIKE TRAIL DEVELOPMENT — SCHANEN DITCH PROJECT (BOND 2012); CHANGING THE FY 2015 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030303 TO INCREASE REVENUES AND EXPENDITURES BY $721,182; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH LNV, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $1,194,858.16 FOR THE HIKE AND BIKE TRAIL DEVELOPMENT — SCHANEN DITCH PROJECT (BOND 2012) FOR THE BASE BID. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add $721,182 of anticipated revenues from the Texas Department of Transportation to the Hike and Bike Trail Development — Schanen Ditch Project (Bond 2012) SECTION 2. Revenues and expenditures in the amount of $721,182 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Hike and Bike Trail Development — Schanen Ditch Project (Bond 2012) for the Base Bid only in the amount of $1,194,858.16 with LNV, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET ESTIMATE Schanen Hike and Bike Trail Bond Issue 2008 and 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $ 691,050.07 Parks and Recreation Bond 2008 275,465.00 Texas Department of Transportation 721,182.00 1,687,697.07 FUNDS REQUIRED: Construction (LNV, Inc.) THIS ITEM 1,194,858.16 Contingency (10%) 119,485.82 Construction Inspection (In House) 35,000.00 Construction Materials Testing (Estimate) 20,000.00 Design Fees: Engineer (Martinez, Guy & Maybik )* 221,090.00 Engineer (Jim Coffin) 52,175.00 Geotechnical Study and Testing (Rock Engineering) 2,200.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 12,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 28,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $1,686,308.98 ESTIMATED PROJECT BUDGET BALANCE $1,388.09 *Approved by Council, March 2013, M2013-056 includes design of Schanen and Bear Creek Hike and Bike Trails LOCATION MAP NOT TO SCALE PROJECT LOCATAION Hike and Bike Trail Development (Yorktown Blvd. to Saratoga Blvd.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 Carpus chr� "O Corpus Programs Hike and Bike Trail Development Schanen Ditch (Yorktown Blvd. to Saratoga Blvd.) Council Presentation May 26, 2015 Project Scope Corpus Chr sti Capital Programs Project includes: • 5,620 LF of 10' wide hike and bike trail along the Schanen Drainage Ditch from Yorktown Blvd. to Saratoga Blvd. • Trail surface will be a combination of stabilized decomposed granite and concrete paving. • ADA curb ramps are included at each street crossing (Cedar Pass Drive, Wapentate Drive, and Acushnet Drive.) • Pedestrian Safety Rail in areas where steep channel slopes are within 5' of the trail edge. • TxDOT Participation. 2 Project Schedule Corpus Chr sti Capital Programs 2013 2014 2015 2016 a) Q N 0 O Z Q N 0lz U O N 0 C 0 N uu BID (6 0 0 O Z a c 0 —) N uu CONSTRUCTION Project Estimate: 240 Calendar Days 8 Months Projected Schedule reflects City Council award in May 2015 with anticipated construction completion in March 2016. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: April 27, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 First Reading Ordinance - Closing a utility easement located north of South Padre Island Drive and east of Admiral Drive CAPTION: Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way; and requiring the owner, Blue Sand Development, LLC. to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the property. BACKGROUND AND FINDINGS: Blue Sand Development, LLC. (Owner) is requesting the abandonment and vacation of a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive. The abandonment and vacation of the utility easement is being requested in conjunction with the final plat of Lot 8A, Block J, Flour Bluff Estates. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Map Presentation Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15- 17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way; and requiring the owner, Blue Sand Development, LLC., to comply with the specified conditions. WHEREAS, Blue Sand Development, LLC. (Owner) is requesting the abandonment and vacation of a Lot 8, and Lots 15-17, Block J, Flour Bluff Estates; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,450 -square foot portion of an existing 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Blue Sand Development, LLC. ("Owner"), a Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of- way, as recorded in Volume 8, Pages 1-2, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A", which is a metes and bounds description of the subject portion, and Exhibit "B", which are field notes maps, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Exhibit A 0.033 Acres STATE OF TEXAS COUNTY OF NUECES Job No. 42951.B4.01 January 27'h, 2015 Fieldnotes, for 0.033 Acres, 10.00 foot wide utility easement closure (not based on an on -the -ground survey), over and across, Lots 8, 15-17, Block J, Flour Bluff Estates, a map of which is recorded in Volume 8, Pages 1-2, Map Records of Nueces County, Texas; said 0.033 Acres being more fully described by metes and bounds as follows: Commencing, at a 1 inch iron pipe found, on the Southeast Right -of -Way of Admiral Drive, a public roadway, the West corner of Lot 8, said Block J, for the North corner of Lot 9, said Block J; Thence, South 60°58'00" East, with the Northeast line of Lots 9-12, said Block J, the Southwest line of the said Lot 8, 190.00 feet and; North 29°02'00" East, 5.00 feet, to the Point of Beginning and West corner of this tract; Thence, North 29002'00" East, 145.00 feet, to the Southwest line of Lot 7, said Block J, the Northeast line of the said BIock J and for the North corner of this tract; Thence, South 60°58'00" East, at 5.00 feet, pass the South comer of the said Lot 7, the West corner of Lot 18, said Block J, in all I0.00 feet, to the East corner of this tract; Thence, South 29°02'00" West, at 50.00 feet, pass the Southwest line of the said Lot 17, the Northeast line of the said Lot 16, at 100.00 feet, pass the Southwest line of the said Lot 16, the Northeast line of the said Lot 15, in all 145.00 feet, to the South corner of this tract; Thence, North 60°58'00" West, 10.00 feet, to the Point of Beginning, containing 0.033 acres (L450 Square Feet) of land, more or less. Bearings are based on the recorded plat of Flour Bluff Estates, a map of which is recorded in Volume 8, Pages 1-2, Map Records of Nueces County, Texas. Unless this lieldnotes description. including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy Also reference accompanying sketch of tract described herein a..sa S b4295I1&1O11OFFICEIMETES AND BOUNDSIFN_IOUECIosure doc Page 1ell (361)854-3101 '. DAN L: UFBAN, :710 qo Jr URBAN ENGIN RING 2725 SWANTNER ijsa. • CORPUS CHRISTI,TEXAS i84Cx4 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 Paint of Commencement 9 ec froiJO4r gin \\ ares o f Nv m.9s /zif F Stu Cor 1?� ce(es Cly os, 50 0 40 80 1'-40' UNE SEARING DISTANCE 56018.00.E 10,00'_ _11 L2 N6058.00'w 10,00' s \ -E' Gy .0 Point of Beginning Exhibit B Sketch to Accompany FlELONOTES for 0.033 Acres, 10.00 foot wide utility easement closure (not based on an on—the—ground survey), over and across, Lots 8, 15-17, Block J. Flour Bluff Estates, a map of which is recorded in Volume 8, Pages 1-2, Map Records of Nueces County, Texas. ©ATE: Jan. 28 2015 SCBE: 1'-40'F JOB NO.: 42951.84.01 SHEET: 1 of 1 DRAWN BY: RLG u rbansurveyl Durban eng.com 02015 by Urban Engineering ENGINEERING --,.r .. 1.a ,.,U ,w111 .URBAN is o t125 IPE.W1001teNuilTV 7S164 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 26, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Dan Grimsbo, Director of Development Services dans@cctexas.com (361) 826-3595 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Appropriating Funds for and Amending the Service Agreement for Strategic Planning Services CAPTION: Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., of Boston, Massachusetts in the amount of $72,835 for a re- stated fee not to exceed $1,409,641 for Strategic Planning Services. PURPOSE: Amendment No. 2 will allow Goody Clancy to develop an Ordinance to establish an Airport Zoning Commission (AZC) and prepare draft Airport Zoning Regulations to regulate compatible land use around airfields in Corpus Christi. The establishment of AZC and Airport Zoning Regulations was identified as a high priority zoning strategy in the Naval Air Station (NAS) Corpus Christi Joint Land Use Study (JLUS) adopted by the City Council. BACKGROUND AND FINDINGS: The NAS Corpus Christi Joint Land Use Study (JLUS) is a collaborative planning effort led by the City of Corpus Christi in partnership with NASCC and Nueces County. The JLUS was undertaken in an effort to guide planning and development in the areas surrounding NASCC's Truax Field, Cabaniss Field, Waldron Field and Corpus Christi International Airport (CCIA). The Texas Local Government Code Chapter 241 allows jurisdictions to create a zoning board or commission to regulate land uses within a specific geographic area identified as the Controlled Compatible Land Use Areas in and around airfields. The City of Corpus Christi established a Joint Airport Zoning Board (JAZB) in May 1, 1957, but it has not been active since 1992. On September 19, 2014, City and Airport staff made a presentation to City Council that recommended the establishment and implementation of the AZC in lieu of reconstituting the JAZB. Council provided direction to City and Airport Staff to pursue the establishment and implementation of the AZC. Local Government Code Chapter 241 allows the Planning Commission to be designated as the AZC. On February 18, 2014, the City awarded a service agreement for Strategic Planning Services to Goody Clancy and Associates to assist with the PIanCC initiative. Since the work being done by Goody Clancy on PIanCC is similar to the work on the AZC implementation, City Staff contacted Goody Clancy for scope of work and cost for AZC implementation. On April 1, 2014 Goody Clancy delivered the final scope of work and cost. Option B of the scope of work included worked required for NASCC's Truax Field, Cabaniss Field, Waldron Field and Corpus Christi International Airport (CCIA). Work to be performed includes: preparing Ordinance to establish AZC; review of all regulatory requirements; drafting Airport Zoning Regulations; establishing Compatible Land Use zoning maps; and, creating Overlay District Regulations. The ending FY14 fund balance for the Airport Fund 4610 is $5,904,131, of which $3,840,649 is above our 25% minimum fund balance to maintain policy. In addition to the $53,997 being provided by the Airport Fund, the remaining balance of $18,838 will be provided from the City's General Fund Reserve Appropriation account. ALTERNATIVES: Reconstitute JAZB. OTHER CONSIDERATIONS: JAZB requires participation by at least two Texas political subdivisions. CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation Development Services FINANCIAL IMPACT: Operatin ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,064,224.19 $0 $1,064,224.19 Encumbered / Expended Amount $928,110.19 $0 $928,110.19 This item $72,835.00 $0 $72,835.00 BALANCE $63,279.00 $63,279.00 Fund(s): Airport Fund, General Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Appropriating Funds for Goody Clancy Amendment 2 RFQ BI -0032-14 Amendment 1 RFQ BI -0032-14 Amendment 2 and Exhibit A Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for a strategic planning services project at Corpus Christi International Airport; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to the contract with Goody Clancy and Associates Inc., of Boston, Massachusetts, in the amount of $72,835 for a total restated fee not to exceed $1,409,641 for strategic planning services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $53,997 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport. The City Council finds that a grave public necessity exists, that amendment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $53,997 be appropriated from the unreserved fund balance in the No. 4610 Airport Fund in order to perform and complete the required services. SECTION 2. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase expenditures by $53,997. SECTION 3. The City Manager, or his designee, is authorized to execute Amendment No. 2 to the existing contract with Goody Clancy and Associates, Inc., of Boston, Massachusetts, in the amount of $72,835 for a total restated fee not to exceed $1,409,641 for strategic planning services. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION Request For Qualification No.: B1-0032-14 Service Agreement Planning Services Agreement Amendment No.: 1 Amendment Date: April 23. 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Goody Clancy & Associates, Inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above - referenced Service Agreement between the City and the Contractor. This Amendment is made to the above -referenced service agreement and continuing through the end date of the above -referenced service agreement to remove $14,750.00 from the $200.000.00 budgeted for the potential Southside Area Development Plan and add it to the budget of the Corpus Christi Strategic Comprehensive Plan to be used as follows: TASK COST COMMENT Travel Expenses Meetings Expenses Trip March 25-27 CAC, Staff review $1,500 Based on actual amounts Trip April 7-9 CAC, Staff Council presentation rehearsal $1,000 Based on reservations Trip April 13-16 Council Workshop (April 14), Planning Commission workshop (April 15), possible Steering Committee 51,500 Based on reservations Trip May 8-9 Public Forum 51,500 Trip June TBD Planning Commission public hearing 51,500 Trip June/July TBD City Council public hearing $1,500 Trip June/July TBD Staff Training $1,500 TOTAL EXPENSES Trip expenses may be slightly lower ifPune/July schedule can be confirmed early for early booking, Shcl,OliO Labor Tasks Labor Cost Hours Revisions for Public Hearing Draft Graphics 52,000 16 Final materials for Forum Graphics 51,250 10 Final Document Revisions Graphics 51,500 16 TOTAL LABOR 54,750 42 TOTAL Labor + Expenses $19, 750 11. This Amendment is also made to the above -referenced service agreement and continuing through the end date of the above -referenced service agreement to remove an additional $10,000.00 from the $200.000.00 budgeted for the potential Southside Area Development Plan and add it to the budget of the Corpus Christi Strategic Comprehensive Plan to be used for additional outreach expenses for the contract between Kailo Communications Studio and Goody Clancy as follows: Caller -Times digital marketing - $2,000 Radio ads - $4,700 Labor - $3,300 The Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that contract, to the extent they are not in conflict with the terms of this Amendment,. -F' gip. David Spillane Da Gdbriel Maldonado Date President :interim Procurement Manager Goody Clancy & Associates, Inc. City of Corpus Christi, Texas CITY OF CORPUS CHRISTI PURCHASING DIVISION Request For Qualification No.: BI -0032-14 Service Agreement: Planning Services Agreement Amendment No.: 2 Amendment Date: May 26, 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Goody Clancy & Associates, Inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above - referenced Service Agreement between the City and the Contractor. Upon approval of City Council, this Amendment is made to the above -referenced service agreement and continuing through the end date of the above -referenced service agreement: Increase consultant contract by $72,835.00 to provide the development of an Airport Zoning Commission (AZC) Ordinance with supporting Airport Zoning Regulations and Map Exhibits in support of integrated aviation strategic planning and land management governance as a supplement to the basic agreement per attached Exhibit A — Scope of Work. The Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. olitc— David Spillane D e Gabriel Maldonado President Interim Procurement Manager Goody Clancy & Associates, Inc. City of Corpus Christi, Texas Date Cei) Stantec April 1, 2015 Page 1 of 2 Reference: Corpus Christi Airport Zoning Regulations EXHIBIT A SCOPE OF WORK 1. OVERVIEW 1.1 The City of Corpus Christi (Client) requests Stantec, to submit a proposal to prepare an ordinance that will repeal the existing Joint Airport Zoning Board and establish a new Airport Zoning Commission, prepare an Airport Zoning Regulation Ordinance, implementing Overlay District and associated maps. 1.2 This Scope of Work contains the description of the scope, meetings, schedule, time and expenses associated with preparing an ordinance to establish a new Airport Zoning Commission. The Scope of Work is separated into two parts for the development of the airport zoning regulations. The two parts as described below provide the City the ability to evaluate developing zoning regulations that would apply only to the commercial airport (Part A) and additional Overlay Districts to implement zoning regulations that would encompass the military airfields (Part B). Part A: Scope, schedule, time and expense for the preparation of an Airport Zoning Regulation Ordinance, Implementing Overlay District and associated maps for the Corpus Christi International Airport only. Part B: Scope, schedule, time and expense for the preparation of three Overlay Districts and associated maps for Trauax Field, Waldron Field, and Cabaniss Field to implement Airport Zoning Regulations. 2. SCOPE OF SERVICES 2.1 Planning Services for Part A 2.1.1 Stantec will prepare an ordinance that repeals the existing Nueces County — City of Corpus Christi Joint Airport Zoning Board and establishes a new Airport Zoning Commission. 2.1.2 Stantec will review relevant laws, regulations and guidance documents to ensure the ordinance is consistent with the intent of the regulations. These documents include, but are not limited to, Texas Statutes, the Texas Airport Compatibility Guidelines, FAA AC150/5200-33b, and FAA AC 150/5300-13A. Cd April 1, 2015 Page 2 of 6 Reference: Corpus Christi Airport Zoning Regulations 2.1.3 Stantec will identify the potential Controlled Compatible Land Use Area within the City limits, Nueces County, and San Patricio County. 2.1.4 Stantec will collect, map and analyze existing zoning, Airport Hazard Area, and land uses within the potential Controlled Compatible Land Use Area for the Corpus Christi International Airport. 2.1.5 Stantec will utilize the information collected in 2.1.1, 2.1.2, 2.1.3 and 2.2.4 to prepare a draft Airport Zoning Regulation Ordinance that regulates height and use of land within the controlled Compatible Land Use Area for the Corpus Christi International Airport. 2.1.6 Stantec will prepare a Corpus Christi International Airport compatible land use zoning map. 2.1.7 Stantec will prepare the implementing overlay district regulations and maps for the Controlled Compatible Land Use Area for the Corpus Christi International Airport that can be incorporated into the Unified Development Code. 2.1.8 Stantec will make any necessary revisions to the draft and final Airport Zoning Regulation Ordinance and Overlay District regulations after review and input from the City of Corpus Christi, the Corpus Christi International Airport, the Planning Commission and City Council and prepare final documents. Deliverables for Part A: • Draft and final ordinance repealing the existing Joint Airport Zoning Board and establishing a new Airport Zoning Commission. • Draft and final ordinance establishing airport zoning regulations for the Corpus Christi International Airport. • Draft and final Corpus Christi International Airport compatible land use zoning map. • Draft and final ordinance establishing an overlay district with a map in the Unified Development Code. Schedule for Part A: April 1, 2015 Page 3 of 6 Reference: Corpus Christi Airport Zoning Regulations • 7 Months 2.2 Planning Services for Part B 2.2.1 Stantec will collect, map and analyze existing zoning, Airport Hazard Area, Accident Potential Zone, Air Installations Compatible Land Use Zones, and land uses within the Controlled Compatible Land Use Area within the City limits for the Trauax Field, Waldron Field, and Cabaniss Field. 2.2.2 Stantec will utilize the information collected in 2.1.2, 2.1.3 of Part A and 2.2.1 to prepare a draft Airport Zoning Regulation Ordinance that regulates height and use of land within the Controlled Compatible Land Use Area for the Airport Trauax Field, Waldron Field, and Cabaniss Field. 2.2.3 Stantec will prepare an airport compatible land use zoning map that encompasses Trauax Field, Waldron Field, and Cabaniss Field. 2.2.4 Stantec will prepare the implementing overlay districts regulation and maps for the Controlled Compatible Land Use Area within the City limits that encompasses Trauax Field, Waldron Field, and Cabaniss Field that can be incorporated into the Unified Development Code. 2.2.5 Stantec will make any necessary revisions to draft overlay districts regulation after review and input from the City of Corpus Christi, Naval Air Station Corpus Christi, Planning Commission and City Council and prepare final documents. Deliverables for Part B: • Draft and final ordinance establishing airport zoning regulations for Trauax Field, Waldron Field, and Cabaniss Field. • Draft and final compatible land use zoning map for Trauax Field, Waldron Field, and Cabaniss Field. • Draft and final ordinance establishing overlay districts with associated maps in the Unified Development Code. Schedule for Part B: Cd April 1, 2015 Page 4 of 6 Reference: Corpus Christi Airport Zoning Regulations • 7 Months (Part B will be done concurrently with Part A) 2.3 Project Coordination and Meetings 2.3.1 Stantec will attend and coordinate one (1) project meeting with the City of Corpus Christi and the Corpus Christi International Airport to discuss the Airport Zoning Commission ordinance. This meeting will also serve as the project kickoff meeting. 2.3.2 Stantec will attend and coordinate up to three (3) project meetings with the City of Corpus Christi, the Corpus Christi International Airport and the Naval Air Station Corpus Christi for both Part A and Part B. 2.3.3 Stantec will attend public hearings consisting of one (1) City of Corpus Christi Planning Commission and two (2) City Council meetings for the adoption of the Airport Zoning Regulations for both Part A and Part B. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1.1 Part B can only be completed in conjunction with Part A. The total time/expenses for the project is $72, 835.00 (Part A = $53,997.00 + Part B =$18,838.00). 3.1.2 The City of Corpus Christi, the Corpus Christi International Airport and the Naval Air Station Corpus Christi will provide digital copies (ArcMap and/or DWG file format) of zoning data, parcel data, Accident Potential Zone data, Airport Hazard Areas data, and Air Installations Compatible Land Use Zone data. 4. STAFF ASSIGNED TO THE PROJECT The following staff is assigned to the Corpus Christi Airport Zoning Regulation Project: Ray Greer (RG), Lead Planner and Project Manager, Josh Philpott (JP), Senior Planner James Hale (JH), GIS Manager Jim A. Paulmann (JAP), Principal Larissa Brown (LB), Principal 5. FEE AND SCHEDULE FOR SCOPE OF SERVICES The Consultant proposes to provide the above Scope of Services for Part A and Part B for the development of the airport zoning regulations on a Time/Expense basis. April 1, 2015 Page 5 of 6 Reference: Corpus Christi Airport Zoning Regulations Part A: Scope, total hours and cost for the preparation of an Airport Zoning Regulation Ordinance, Implementing Overlay District and associated maps for the Corpus Christi International Airport. Part A Principal Project Manager Principal Senior Planner GIS Manager JAP RG LB JP JH $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Airport Zoning Commission Ordinance 2.1.1 - Prepare draft ordinance establishing a new airport Zoning 1 12 1 8 0 2.1.2 - Review relevant laws, regulations and guidance documents 0 9 1 6 0 2.1.3 - Identify and evaluate the potential Controlled Compatible Land Use Area within the City limits, Nueces and San Patricio Counties 1 11 0 0 0 2.1.4 - Collect, Map and Analyze Data 1 8 1 1 25 2.1.5 -Prepare draft Airport Zoning Regulation Ordinance 5 30 5 20 0 2.1.6 - Prepare Compatible Land Use Zoning Map 1 7 1 1 20 2.1.7 - Prepare Overlay District Regulations and Maps 4 33 5 17 15 2.1.8 -Prepare any necessary revision to draft and prepare final documents 0 8 1 1 3 2.3.1 -Project Coordination and Meetings 0 24 2 0 0 2.3.2 -Attend Public Hearings 0 32 0 0 0 Task Hours: 13 174 15 r 40 r 63 Task Labor Cost Estimate: $3,016.00 $ 27,318.00 $2,625.00 $ 5,840.00 $ 9,198.00 13 174 15 40 63 Average Billing Rate: $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Total Labor Cost Estimate: $3,016.00 $ 27,318.00 $2,625.00 $ 5,840.00 $ 9,198.00 Total Labor Cost: $ 47,997.00 Design with community in mind Task Subtotal $ 47,997.00 Non -Labor Cost Estimate for Travel Travel Expense for Option A (4 Trips) $ 6,000.00 Total Non -Labor Cost: $ 6,000.00 FEE ESTIMATE SUMMARY Total Labor Cost: Total Non -Labor Cost: Total Project Cost*: $ 47,997.00 $ 6,000.00 $ 53,997.00 April 1, 2015 Page 6 of 6 Reference: Corpus Christi Airport Zoning Regulations Part B: Scope, total hours and cost for the preparation of an airport zoning regulation implementing overlay districts and associated maps for Trauax Field, Waldron Field, and Cabaniss Field. Part B Travel Expense for Option A (3 Trips) Principal Project Manager Principal Senior Planner GIS Manager JAP RG LB JP JH $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Airport Zoning Commission Ordinance 2.2.1 - Identify and evaluate the potential Controlled Compatible Land Use Area within the City limits, Nueces and San Patricio Counties 1 2 0 0 0 2.2.2 - Prepare draft Airport Zoning Regulation Ordinance 1 6 1 6 0 2.2.3 - Prepare Compatible Land Use Zoning Map 0 7 0 4 8 2.2.4 - Prepare Overlay District Regulations and Maps 1 8 1 6 6 2.2.5 - Prepare any necessary revision to draft and prepare final documents 0 4 1 2 3 2.3.2 - Project Coordination and Meetings 0 24 0 0 0 Task Hours: 3 51 3 18 17 Task Labor Cost Estimate: $ 696.00 $ 8,007.00 $ 525.00 $ 2,628.00 $ 2,482.00 Total Hours: 3 51 3 18 17 Average Billing Rate: $ 232.00 $ 157.00 $ 175.00 $ 146.00 $ 146.00 Total Labor Cost Estimate: $ 696.00 $ 8,007.00 $ 525.00 $ 2,628.00 $ 2,482.00 Total Labor Cost. $ 14,338.00 Design with community in mind Task Subtotal $ 14,338.00 Non -Labor Cost Estimate for Travel Travel Expense for Option A (3 Trips) $ 4,500.00 Total Non -Labor Cost: $ 4,500.00 FEE ESTIMATE SUMMARY Total Labor Cost: Total Non -Labor Cost: $ 14,338.00 $ 4,500.00 Total Project Cost*: L $ 18,838.00 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 26, 2015 Second Reading Item for the City Council Meeting of June 9, 2015 DATE: April 20, 2015 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize funding for major terminal maintenance and improvement project at Corpus Christi International Airport from the Airport Fund Balance. CAPTION: Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. PURPOSE: One of the Aviation Department's Annual Business Plan Mission Elements is the maintenance of all facilities on airport property. There is a continual evaluation of the facilities and the most pressing items are identified for repairs and refurbishment as funding is allocated. Accordingly, the front terminal canopy requires major maintenance as no significant work has been done since the terminal opened in 2000. In addition, security enhancements to the terminal's TSA checkpoint are required to facilitate safety and security coverage. BACKGROUND AND FINDINGS: Airport staff has identified the refurbishment of the existing airport terminal entrance canopy and installation of additional Transportation Security Administration (TSA) Checkpoint security enhancements as a priority project. The project will help maintain the airport terminal's overall appearance and customer experience as well as enhance security features at the TSA checkpoint. Following is a summary of the project: • Refurbish the existing "wave" entrance canopy to remove rust, bird droppings and other grime. Clean, prep, repair and repaint all exposed structural steel members, beams, columns and metal trim. Perform a thorough cleaning of corrugated soffit areas, concrete support columns and matching concrete circular pilaster at the front exterior of terminal wall. Paint existing lighting fixtures and concrete columns. • Airport Staff will convert existing canopy light fixtures from incandescent to LED. • Installation of glass panel wall and sliding gates in and around existing TSA checkpoint to further enhance security consistent with established federal guidelines. The security enhancements will also facilitate more efficient use of TSA and Airport security personnel. In FY 2013-14, a rebate of $140,867 was issued to the Airport Fund from excess contribution to the Self Insurance Fund. Internal Aviation Department practice is to use one-time revenue sources for specific one- time expenditures. Staff is recommending use of the funds for the identified purpose. As a result of revisions and rebidding of the Engineering Department's Job Order Contract (JOC) Program, we were unable to complete the work in FY13-14. The canopy will be completed under the revised JOC program at a bid price of $138,047.50. The lighting retrofit will be done in-house at an estimated cost of $20,000. The checkpoint improvements are estimated at $25,000 based on bids received. In addition, the TxDOT RAMP Grant approved by Council on April 14, 2015 will reimburse up to $50,000 of the canopy maintenance project. The ending FY14 fund balance for the Airport Fund 4610 is $5,904,131, of which $3,840,649 is above our 25% minimum fund balance to maintain policy. ALTERNATIVES: No viable alternative exists to the recommended funding option. The Federal Aviation Administration (FAA) considers the work to be major maintenance and thus not eligible for federal funding. The only option would be to delay or defer the project which could cause further corrosion and deterioration of the canopy as well as continuation of the current TSA checkpoint practices. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ® Operatin ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,253,929 $8,253,929 Encumbered / Expended Amount 0 0 This item (additional revenue) $183,000 $183,000 BALANCE $8,436,929 $8,436,929 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $183,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $183,000 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project to be completed at the Corpus Christi International Airport. The City Council finds that a grave public necessity exists, that amendment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $183,000 appropriated as an emergency expenditure from the unreserved fund balance in the No. 4610 Airport Fund in order to perform and complete the required work. SECTION 2. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase expenditures by $183,000. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: TO: Ronald L. Olson, City Manager May 26, 2015 FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mike Markle, Interim Chief of Police mikema@cctexas.com (361) 886-2601 Purchase of Ammunition CAPTION: Motion approving the purchase of approximately 320,000 rounds of ammunition from Precision Delta Corporation, Rulerville, Mississippi in accordance with Bid Event No. 42 based on only bid for a one-time expenditure of $66,592. Funds are budgeted in the General Fund and the Crime Control Fund No. 9010 in FY 2014-2015. PURPOSE: The purpose of the ammunition is for use in training at the gun firing range. BACKGROUND AND FINDINGS: None. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $66,592.00 0.00 66,592.00 Encumbered / Expended Amount 0.00 0.00 0.00 This item $66,592.00 0.00 66,592.00 BALANCE 0.00 0.00 0.00 Fund(s): General Fund and the Crime Control Fund No. 9010 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION BID EVENT NO. 42 PRICE SHEET Purchase of Ammunition QTY. UNIT Precision Delta Corporation Ruleville, Mississippi Winchester .40 S&W 165gr FMJ 320,000 RO UNIT PRICE $0.20810 EXTENDED PRICE $66,592.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: April 27, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Anaya Talbert, Interim Director StacieT©cctexas.com 361-826-3494 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties so the reimbursement amount varies from year to year. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY13 and FY14, the City received $62,737.35 and $75,769.64 respectively. FY15 funds have yet to be distributed but are estimated to be approximately $62,000. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget n/a $ 62,000 0 $ 62,000 Encumbered / Expended Amount n/a 0 0 This item n/a 0 0 0 BALANCE n/a $ 62,000 0 $ 62,000 FUND(S): General Fund 1020 Comments: The estimated revenue for this reimbursement program will be submitted in the FY16 proposed budget. RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future item for the City Council Meeting of May 26, 2015 Action item for the City Council Meeting of June 9, 2015 DATE: April 24, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract ADA Improvements in CDBG Areas and Accessible Routes in CDBG Residential Areas Phase 3 Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 for ADA Improvements in CDBG (Community Development Block Grant) Areas FY 2013 for the total base bid Part A, and to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3 for the total base bid Part B. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Ti -Zack Concrete, Inc. for ADA Improvements in CDBG Areas, and A. Ortiz Construction, Inc. for Accessible Routes in CDBG Residential Areas Phase 3 project. BACKGROUND AND FINDINGS: These projects are funded by two CDBG grants, totaling $695,100, to improve accessibility in eligible areas. Project E13131, ADA Improvements in CDBG Areas (base bid part A) received $495,100 for design and construction of accessibility improvements along Brownlee Blvd, between Staples St. and Elizabeth St. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. Project E13130, Accessible Routes in CDBG Residential Areas Phase 3, (base bid part B) K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\ADA\AGENDA MEMO ADA IMPROVEMENT IN CDBG AREAS.DOCX received $200,000 for design and construction of accessibility improvements, within the Dahlia Terrace neighborhood off of Ayers St., to provide accessible routes in eligible residential areas with heavy pedestrian traffic and no accessible sidewalks. The two parts, base bid part A and base bid part B, were combined for the design phase to minimize administration requirements and for potential economy of scale. Design was completed by CH2M Hill, Inc. ADA Improvements in CDBG Areas (base bid part A) will involve the construction of approximately 1900 linear feet of 5 -foot wide sidewalk and 23 residential and commercial driveways, plus associated repairs, along Brownlee Boulevard from Elizabeth to Staples Street. ADA Routes in CDBG Areas FY 2013 (base bid part B) will involve construction of approximately 900 linear feet of 5 -foot wide sidewalks, 7 ADA compliant curb ramps, and 9 driveway crossings. Work will be performed along Fern Street and Sonora Street, in the Dahlia Terrace neighborhood. On March 18, 2015, the City received proposals from five (5) bidders as follows: Base Bid Part A: ADA Improvements in CDBG Areas FY 2013 (E13131) Contractor Total TI -Zack Concrete, Inc. Le Center, MN $312,267.00 A.Ortiz Construction & Paving, Inc. Corpus Christi, Texas $333,377.75 Clark Pipeline Services Corpus Christi, Texas $390,839.59 Alman Utilities & Construction, Inc. Corpus Christi, Texas $475,103.22 JE Construction Services Corpus Christi, Texas $495,083.67 Base Bid Part B: Accessible Routes in CDBG Residential Areas Phase 3 (E13130) Contractor Total A.Ortiz Construction & Paving, Inc. Corpus Christi, Texas $152,456.25 TI -Zack Concrete, Inc. Le Center, MN $174,200.00 Clark Pipeline Services Corpus Christi, Texas $163,012.49 Alman Utilities & Construction, Inc. Corpus Christi, Texas $181,277.65 JE Construction Services Corpus Christi, Texas $215,351.37 Combined Total Bid, (Part A + Part B) Contractor Total A.Ortiz Construction & Paving, Inc. Corpus Christi, Texas $485,834.00 TI -Zack Concrete, Inc. Le Center, MN $486,467.00 Clark Pipeline Services Corpus Christi, Texas $543,852.08 Alman Utilities & Construction, Inc. Corpus Christi, Texas $656,380.86 JE Construction Services Corpus Christi, Texas $710,435.04 K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\ADA\AGENDA MEMO ADA IMPROVEMENT IN CDBG AREAS.DOCX ALTERNATIVES: 1. Authorize execution of these construction contracts. 2. Do not authorize execution of these construction contracts. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, CH2M HILL Engineers, Inc. conducted a bid analysis of the five (5) proposals submitted in response to the City's bid solicitation and determined that Ti -Zack Concrete, Inc. & A. Ortiz Construction & Paving, Inc. both have the experience and resources to complete these projects. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $695,100.00 $0.00 $695,100.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $464,723.25 $0.00 $464,723.25 Future Anticipated Expenditures This Project $0.00 $228,922.76 $0.00 $228,922.76 BALANCE $0.00 $1,453.99 $0.00 $1,453.99 Fund(s): ST 44 & 45 RECOMMENDATION: City staff recommends that the construction contract for Base Bid Part A be awarded to Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 and for Base Bid Part B be awarded to A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\ADA\AGENDA MEMO ADA IMPROVEMENT IN CDBG AREAS.DOCX PROJECT BUDGET ESTIMATE Part A - ADA Improvements in CDBG Areas (E13131) Part B - Accessible Routes in CDBG Residential Areas, Phase 3 (E13130) PROJECT FUNDS AVAILABLE: ADA Improvements in CDBG Areas (Part A) $ 495,100.00 Accessible Routes in CDBG Residential Areas, Ph. 3 (Part B) 200,000.00 TOTAL $ 695,100.00 FUNDS REQUIRED: Construction Part A (Ti -Zack) 333,377.75 Construction Part B (A. Ortiz Construction) 152,456.25 Contingency 48,500.00 Construction Inspection (In House) 13,900.00 Design Fees: *Engineer Part A (CH2MHill) 49,441.00 Geotechnical Agreement Part A (Weston Solutions) 7,745.00 *Engineer Part B (CH2MHill) 40,322.00 Geotechnical Agreement Part B (Weston Solutions) 6,415.00 Construction Materials Testing (Estimate) 20,850.00 Reimbursements: Contract Administration (Captial Programs/Capital Budget/Finance) 6,951.00 Engineering Services (Project Mgt//Traffic Mgt Services) 8,688.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 693,646.00 ESTIMATED PROJECT BUDGET BALANCE $ 1,453.99 * Contracts administratively approved on July 11, 2014 ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 3 ADA IMPROVEMENTS IM CDBG AREA FY 2013 CITY COUNCIL EXHIBIT CITY OF CORPUS ,TI. TEXAS DEPARTPAna OF CAFTFAL FFLOORAMS PAGE: 1 OF 1 1610110.400. Corpus Christi Capital Programs ADA Improvements in CDBG Areas FY 2013 and Accessible Routes in CDBG Residential Areas Phase 3 Council Presentation May 26, 2015 Project Scope Corpus Chr sti Capital Programs • Project includes:Base Bid A: Ti -Zack Concrete Inc. $312,267 for approx. 1900 linear feet of sidewalk and 23 commercial and residential driveway crossings. • Base Bid B: A. Ortiz Construction & Paving, Inc. $152,456 for approx. 900 linear feet of sidewalk, 9 residential driveway crossings, and 7 ADA accessible curb ramps. Project Schedule Corp‘40 sti Capital Programs 2015 May Jun Jul Aug Award Construction Project Estimate: 85 Calendar Days 3 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: TO: May 6, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Construction Contract Padre Island Water Line and Gas Line Extension CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Padre Island Water Line and Gas Line Extension. BACKGROUND AND FINDINGS: This project provides for construction to extend the critical water and gas pipelines along with a MIS conduit from the JFK Causeway Landing to approximately Aquarius Drive. The water line is an 18 -inch diameter PVC transmission main that is critical to extend the pipeline as part of providing the Padre Island Service area with a redundant water source. The natural gas line is an 8 -inch diameter steel line that is critical to connect the City's main supply source to the island. City forces will connect the high pressure pipeline to the existing infrastructure The previous phase was completed in December 2014 to extend these same pipelines across the causeway (approximately 3 -miles) by open trench and boring from Laguna Shores Road to Padre Island providing redundant water feed to Padre Island area. The City Council awarded an A/E contract to Urban Engineering to provide professional services to prepare plans and specifications for this project. On April 13, 2015, the City received proposals from three (3) bidders and the respective bids are as follows: CONTRACTOR BASE BID Clark Pipeline Services $2,426,082.50 Bridges Specialties $2,451,842.95 Huff & Mitchell, Inc. $3,333,434.70 Urban Engineering conducted a bid analysis of the proposals the City received. It was noted that Clark Pipeline Services had made an error in calculating their mobilization cost. The cost submitted was approximately 6.7% of the total bid which is higher than the 5% allowed by the Contract Documents. After discussing with Clark Pipelines' representative, Clark Pipeline Services agreed to the correction reducing their mobilization cost to $119,100 to meet the requirement of 5% of the total construction cost. Thus, the bid of Clark Pipeline Services is revised to $2,381,598.50. The Engineer's Opinion of Probable Construction Cost (OPCC) is $2,198,091.50. Clark Pipeline Services bid is 8.3% higher than the Engineer's OPCC. After reviewing the Statement of Experience submitted by Clark Pipeline Services, Urban Engineering recommends the City of Corpus Christi award the construction contract to Clark Pipeline Services as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $5,557,243.00 $5,557,243.00 Encumbered / Expended Amount $368,700.00 This Item $2,381,598.50 $2,381,598.50 Future Anticipated Expenditures This Project $640,062.00 $640,062.00 BALANCE $2,535,582.00 $2,535,582.00 Fund(s): Water CIP #2 and Gas CIP #3 Comments: This project requires approximately 120 calendar days with anticipated completion in October 2015. The construction contract will result in the expenditure of an amount not to exceed $2,381,598.50. RECOMMENDATION: City Staff recommends approval of the construction contract with Clark Pipeline Services in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET PADRE ISLAND WATER SUPPLY FUNDS AVAILABLE: Water CIP (2013-2014) $11,119,500 Gas CIP (2013-2014) 2,500,000 Prior MIS Operating 65,581 Gas CIP (2014-2015) 1,000,000 TOTAL FUNDS AVAILABLE $14,685,081 FUNDS SPENT IN PHASE ONE: Construction Fees Water Line Construction Allocation $4,051,211 Gas Line Construction Allocation 2,113,581 MIS Conduit Construction Allocation 1,143,538 Construction Total $7,308,331 Contingencies (10%) 730,833 Consultant Fees Engineer Design (Urban Engineering) " 597,216 Geotechnical Testing (Kleinfelder)** 70,000 Construction Materials Testing (Kleinfelder) 19,500 Reimbursements Administration/Finance (Capital Programs/Capital Budget/Finance) 109,625 Engineering Services (Project MgmtlConstr Mgmt) 255,792 Misc 36,542 TOTAL $9,127,838 PROJECT BUDGET BALANCE AFTER PHASE ONE $5,557,243 FUNDS REQUIRED FOR PHASE 2 Construction Fees Construction (Clark Pipeline Services) $2,381.599 Contingency (10%) 238,160 Consultant Fees Gas Line Design Fees (Urban Engineering, Amendment No. 3)*** ......................,,.,., 141,323 Water Line Design Fees (Urban Engineering, Amendment No. 4) 46,500 Material Testing and Geotechnical Services (Estimate) 10,000 Construction Observation 85,000 Reimbursements Administration/Finance (Capital Programs/Capital Budget/Finance) 23,816 Engineering Services (Project Mgmt/Constr Mgmt) 83.356 Miscellaneous 11.908 TOTAL OF PHASE 2 $3,021,661 PROJECT BUDGET BALANCE AFTER PHASE 2 $2,535,582 *Consultant Engineer Design Contract approved administratively November 5, 2010 in the amount of $49,870 with Urban Engineering; amended June 21, 2011 by Motion No. 2011-134 in the amount of $364,370; and amended February 26, 2013 by Motion No. 2013-037 in the amount of $182,976. **Testing Contract awarded October 23, 2012 to Kleinfelder, by Motion No. 2012-186 ***Gas Line Engineer Design Contract approved July 8, 2014 by Motion No. 2014-085 in the amount of $141,323 with Urban Engineering. LOCATION MAP NOT TO SCALE Project Location b. Project #: El0 Padre Island Water Line and Gas Line Extension CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS DEPART 1ENT OF CAPITAL PROGRAMS PAGE 1 OF 1 Padre Island Water Line and Gas Line Extension Corpus Chr. sti Capital Programs Council Presentation May 26, 2015 Project Scope Corpus Chr'sti Capital Programs Construction Project extending the Water Transmission Line and Gas Pipeline by open trenching, horizontal directional drilling (HDD) from the JFK Causeway Bridge Landing to approximately Aquarius Street. ➢ 18 -inch PVC water transmission line ➢ Provides redundant water supply to Padre Island service area ➢ 8 -inch steel gas line ✓ Connects the island to the City's main supply source ✓ City forces will connect the high pressure pipeline to the existing infrastructure ➢ 4 -inch MIS conduit for future services ➢ Construction Contract Award: ✓ Clark Pipeline Services, Corpus Christ, TX ✓ $2,381,598.50 ❖ Previous phase for the 3 -mile crossing of the causeway extending the same pipelines from Laguna Shores Road to the JFK Landing was completed in December 2014 Project Scope Corpus Chr sti Capital Programs Padre Island Water Line and Gas Line Extension 3 Project Schedule Corpus Chr sti Capital Programs 2015 Mar Apr May Jun Jul Aug Sep Oct Bid & Award Construction Construction Estimate: 120 Calendar Days = 4 months Projected Schedule reflects City Council award of construction in May 2015 with anticipated construction substantial completion by October 2015. AGENDA MEMORANDUM Future item for the City Council Meeting of May 26, 2015 Action item for the City Council Meeting of June 9, 2015 DATE: April 26, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Engineering Construction Contract Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement — Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Clark Pipeline for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement — Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. BACKGROUND AND FINDINGS: The City initiated Programmed Water Line Service Life Extension Project to provide a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). This program supports the City's Street Preventative Maintenance Program (SPMP) and other lifecycle needs. The City awarded the A/E contract to Urban Engineering to prepare construction bidding documents. The construction contract method of award is an Indefinite Delivery/Indefinite Quantity (ID/IQ). This IDIQ provides for multiple delivery orders (Dos) — "work orders" based on unit bid prices. This allows real time construction scoping with fixed unit prices. This project includes removal and abandonment of existing waterlines with installation of new waterlines by open trenching, pipe bursting, horizontal directional drilling, boring, new fire hydrants, valves, fittings, pavement repair, and other miscellaneous items. On March 25, 2015, the City received proposals from three (3) bidders as follows: Contractor Base Bid Clark Pipeline Services Corpus Christi, Texas $2,636,118.44 Palacios Marine and Industrial Coating, Inc. Palacios, Texas $2,907,082.00 National Power Rodding Corporation Chicago, Illinois $3,808,100.15 Each contractor provided unit prices for typical repair activities which will be used for delivery orders to allow the most cost effective repairs for each area. The City's consultant, Urban Engineering, conducted a bid analysis of the three (3) proposals and determined that the lowest responsible bidder based on the Total Base Bid is Clark Pipeline Services of Corpus Christi, Texas. Based on the information submitted, Clark Pipeline Services has the experience and resources to complete the project. The total construction award of $2,300,000 is based on available Project funds and being awarded to Clark Pipeline Services base on their unit prices for the work orders. All work will be executed with multiple indefinite quantity delivery orders in accordance with the plans, specifications, and contract documents. The construction contract will be for a one-year base term (12 -calendar months), with the option to extend for two (2) 1 -year (12 -calendar months) extensions based on available funding. Staff may administratively exercise the options if the contractor is responsive and the work of a quality sufficient to continue the contract. ALTERNATIVES: 1. Authorize execution of the construction contract. (Recommended) 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $7,419,900.00 $0.00 $7,419,900.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $2,300,000.00 $0.00 $2,300,000.00 Future Anticipated Expenditures This $0.00 $398,790.00 $0.00 $398,790.00 Project BALANCE $0.00 $4,721,110.00 $0.00 $4,721,110.00 Fund(s): Water CIP #1 RECOMMENDATION: City staff recommends that the construction contract be awarded to Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement — Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement FUNDS AVAILABLE: Prior CIP Funds $4,919,900 Water CIP FY 2014-2015 2,500,000 TOTAL $7,419,900 FUNDS REQUIRED: Construction (Clark Pipeline Services) $2,300,000 Engineer Fees: Design Engineer (Urban Engineering*) 39,100 Design Engineer Amendment No. 1 (Urban Engineering) 228,440 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 31,250 Engineering Services (Project Mgmt/Constr Mgt and Observation) 87,500 Miscellaneous 12,500 TOTAL $2,698,790 ESTIMATED PROJECT BUDGET BALANCE $4,721,110 *Urban Engineering was selected as Engineer of this project through RFQ No. 2012-03 Bond Issue 2012 and CIP Projects. PROGRAMMED WATERLINE SERVICE LIFE EXTENSION FOR CITYWIDE DISTRIBUTION REPAIR AND REPLACEMENT INDEFINITE DELIVERY / INDEFINITE QUANTITY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS 11017111115111 Corpus Chr sti Capital Programs Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (ID/IQ) Council Presentation May 26, 2015 Project Scope Corpus Chr'sti Capital Programs Strategic Lifecycle Program of the City Water Distribution System ➢ Work includes abandonment, replacement, rehabilitation of existing water lines by open cut and boring ➢ Additional work includes valves, fire hydrants, pavement and sidewalk rehabilitation and other miscellaneous items ➢ Contract method is multi-year IDIQ for real time development of multiple Delivery Orders (Dos) — "Work Orders" based on contract unit prices ➢ Construction budget/award $2.3 million per year ➢ Contractor: Clark Pipeline Services, Corpus Christ, TX Project Scope Corpus Chr'sti Capital Programs Project Schedule Corpus Chr'sti Capital Programs 2015 2016 Feb Mar Apr May Bid & Award Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Construction Construction Estimate: 365 Calendar Days = 1 Year (with Two (2) Option Years) Projected Schedule reflects City Council award of construction in May 2015 with anticipated construction completion by May 2016 for base contract. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 26, 2015 Action Item for the City Council Meeting of June 9, 2015 DATE: May 8, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Sun George Village Subdivision CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 41 lots in the Sun George Village Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Mostaghasi Enterprises, Inc., the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Mostaghasi Enterprises, Inc., is currently building homes on several tracts of land outside the city limits. Mostaghasi Enterprises, Inc. own properties known as Sun George Village, Block 1, Lot 2; Block 2, Lots 2, 5 & 6; and Block 4, Lot 11. When Sun George Village subdivision was constructed, public waterline was extended to the area and made available to the properties within Sun George Village. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Mostaghasi Enterprises, Inc. has submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City Sun George Village was approved by the Planning Commission on August 13, 2014 and recorded in the Nueces County map records on March 31, 2015. Sun George Village is located north of FM 2444, east of County Road 41 and approximately 2.5 miles east of State Highway 286. (See Exhibit A — Location Map) As part of the development of the subdivision, a waterline was extended from Country Creek Estates to the subdivision in order to provide public water to the proposed lots. Sun George Village contains 41 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of properties. In order to expedite the contracts and not bog down the Council with all of these contracts, Staff recommends that the Council authorize the City Manager or his designee to execute the remaining water service contracts. The future contracts for the properties within Sun George Village would not differ much from the contract with Mostaghasi Enterprises, Inc. (See Exhibit B) Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Exhibit A — Location Map Exhibit B — OCL Water Contract Resolution Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 41 lots in the Sun George Village Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn [SUN GEORGE VILLAGE] CITY LIMIT LINE d' E HIBIT A , 0.045 ,,• 018 Legend Printing Date: 05/04/2015 Prepared By: MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South FIPS 4205 Feet @ City of Corpus Development Services Corpus Christi Bay Corpus Christi Bay LOCATION MAP WIN City • STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Mostaghasi Enterprises, Inc., (Owner), whose address is 3701 Cimarron Boulevard, Corpus Christi, Texas, 78414 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Sun George Village, Block 4, Lot 11, also commonly known by its street address as 2018 Hyacinth Drive. II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner agrees to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner consents to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner agrees that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2015. OWNER: Mostaghasi Enterprises, Inc. Hossein Mostaghasi President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2015, by Hossein Mostaghasi, President, Mostaghasi Enterprises, Inc. Notary Public, State of Texas Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo, P.E., Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by City Manager or designee, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2015. Julian Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUN GEORGE VILLAGE \1 - LAND DEVELOPMENT\3. WATER CONTRACT MATER SERVICE CONTRACT.BLOCK 4, LOT 11.2018 HYACINTH DR.DOC Page 3 of 3 CITY LIMIT LINE LOT 11, BLOCK 4 SUN GEORGE VILLAGE o) IJ 6 E HIBIT S— T41 1 E=S S T — II A / 0.045 ,,• 018 Legend Printing Date: 05/04/2015 Prepared By: MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South Fl PS 4205 Feet @ City of Corpus Development Services Corpus Christi Bay Corpus Christi Bay LOCATION MAP WIN City • AGENDA MEMORANDUM City Council Meeting of May 26, 2015 DATE: TO: THRU: May 21, 2015 Ronald L. Olson, City Manager Gustavo Gonzalez, Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com 826-3897 FROM: Valerie H. Gray, P.E. Executive Director of Public Works valerieg@cctexas.com 361-826-3729 UPDATE TO CITY COUNCIL Job Order Contract Construction Program STAFF PRESENTER(S): Name Valerie H. Gray, P.E. J.H. Edmonds, P.E. Jerry Shoemaker, P.E. OUTSIDE PRESENTER(S): None BACKGROUND: Title/Position Executive Director Director Senior Project Manager Department Public Works Capital Programs Capital Programs This presentation will provide City Council discussion regarding the Job Order Contract program. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: Informal Staff Report • Attachment One Project List 2014 • Attachment Two Project List 2015 • Attachment Three Agenda Memo dated February 10, 2015 INFORMAL STAFF REPORT MEMORANDUM To: Thru: Ronald L. Olson, City Manager Margie C. Rose, Deputy City Manager Gustavo Gonzalez, P.E., ACM, Public Works & Utilities Valerie H. Gray, P.E., Executive Director of Public Works Jeff H. Edmonds, P.E., Director of Capital Programs From: Jerry J. Shoemaker, P.E., Senior Program Manager Date: May 21, 2015 Subject: Job Order Contracting (JOC) Issue: At the May 12th and 19th City Council meetings, Mayor and Council requested staff to provide a memo about the Job Order Contracting (JOC) Program, including a list of the JOC projects in the last two years, including contractor name, change orders (CO) and CO amounts. Background & Findings: The United States Department of Defense developed the Job Order Contracting Method in order to streamline and expedite procurement of facilities maintenance and construction -related services. JOC Programs have subsequently been adopted by a wide range of public agencies. The JOC Program utilizes an "on-call" general construction contractor on an as -needed basis to perform minor construction, repair, rehabilitation or alteration of facilities. Agency audits of JOC Programs have demonstrated that properly managed programs significantly reduce procurement times, produce cost savings and also increase the quality of construction work. Authority for Job Order Contracting. Under Section 2269.401 of the Texas Government Code, "A governmental entity may award Job Order Contracts for the minor construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of pre -described and pre -priced tasks." Applicability of JOC's to Buildings. JOC's apply only to a facility that is a building, the design and construction of which is governed by accepted building codes, or a structure or land, whether improved or unimproved, that is associated with a building. JOCs do not apply to, and cannot be used to construct or repair: 1 (1) a highway, road, street, bridge, utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or (2) a building or structure that is incidental to a project that is primarily a civil engineering construction project. Contractual Structures, JOC Master Agreements. The contractual structure for the JOC Method involves an underlying JOC Master Agreement plus the individual job or task work orders that are issued pursuant to and using the set terms of the Master Agreement. A JOC Master Agreement does not define actual, individual jobs but normally awards a potential maximum amount of work over the term of the Master Agreement. For example, a Master may have an annual maximum of $2 million or more, however, there is no minimum guaranteed amount of work orders that must be issued, and no guaranteed minimum dollar amount. As a result, the JOC contractor is not guaranteed any level of revenue. The contractor shall provide performance and payment bonds (1) if required by law, based on the amount or estimated amount of any job order; or (2) if otherwise required by the City regardless of the estimated amount of a job order. At a minimum, the JOC Contractor will be required to provide a payment bond on all job orders that exceed $25,000 and a performance bond on all job orders that exceed $50,000. The JOC Master Agreement The JOC Master Agreement contains the maximum aggregate price, but no guarantee of any price. When Council approves a JOC Master Agreement, Council is approving all of the job, task or purchase orders that will be issued under that JOC Master Agreement that do not exceed $500,000, up to the maximum aggregate amount. The JOC Master Agreement sets the pre -described and pre -priced tasks, aggregate contract ceiling, types of tasks that can be issued and general contractual terms for the life of the JOC contract. Benefits of the JOC Program. JOC streamlines the construction procurement process by establishing an overriding Indefinite Delivery Indefinite Quantity (IDIQ) agreement with purchase or delivery orders based on specific projects as needed. The JOC process streamlines procurements, expedites project delivery, improves cost effectiveness, improves quality and reduces change orders. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using the JOC method: 1. Allows a better defined scope with cost for the customer. 2. Allows Early Contractor Involvement (ECI) that provides an efficient means of designing and planning infrastructure projects in a cost-effective, more efficient and less adversarial structure that should increase transparency and therefore reduce risk, increase shared responsibility and limit the reasons for change orders and litigation. 3. Construction contract award can be accomplished in weeks instead of months. 4. The engineering and design efforts are simplified and better coordinated directly with the contractors reducing unneeded documentation to save additional time, and cost. 5. Each delivery order is a stand-alone contract. Additional Delivery Order awards are based specifically on the contractor's performance, cost and the needs of the City of Corpus Christi. The requirement for sustained performance by the contractor provides real value and continued opportunity for partnering and improved project delivery, benefiting both parties. 6. Change Orders are minimized as the contractor is required to conduct detailed site visits, review the requirements and participate in the scope development submitting a proposal. Pricing. A major element of the JOC contracting process is the use of a unit price book (UPB), which provides preset costs for specific construction tasks. The unit price book can cover nearly every construction, repair or maintenance task, whether it's replacing air filters, installing carpeting, replacing windows or doors, or even 2 painting or it can be limited to specific areas of work or a particular trade. If a task is not in the UPB, it can be negotiated, priced and added at any time to the book. Like most entities, the UPB the City uses is the industry standard known as the RS Means. RS Mean's provides detailed costs for construction materials, labor and equipment with a local area cost factor throughout the Country. JOC Awards are based on contractors offering the best -discounted factor to RS Means' published costs. JOC contractors are selected on qualifications, performance, and best value basis in conjunction with a price factor / bid of one or more coefficients. As part of its proposal, the contractor submits a coefficient (a multiplier) to be applied to the preset unit prices appearing in the RS Means book. The coefficient must include not only the contractor's overhead and profit, but also any adjustment that may be needed to the RS Means prices based on the contractor's costs in our local area (which are functions of labor costs, subcontractor base, market conditions and client -specific conditions). The project cost is determined using published unit prices multiplied by the item quantity. The price is then factored by multiplying by the individual JOC contractor's coefficient. Price for each project /job order- basic calculation: Pre-set unit prices (with City indices) X Quantity X Coefficient JOC Process. When a potential need is identified for a JOC project, the program proceeds according to the following steps: 1. Conduct a scope meeting with the operating department to review and discuss the work and the construction schedule (City Staff). 2. Prepare a draft scope of work with in-house personnel or Architect/Engineer (AE), if required. 3. Determine a recommended contractor from available JOC approved contractors. The selection is based on contractor capacity, past performance within the program, contractor cost coefficient, specialized trade requirements (Roofing, HVAC, etc.) and other relevant factors. 4. Issue request for proposal from the recommended contractor. 5. Conduct an on-site scope meeting with City Staff, AE (if required), and the contractor for review and detailed discussions regarding the work, construction schedule, work hours, and other related factors. 6. Contractor prepares a formal proposal with approved unit prices from the RS Means, quantities, construction schedule, list of subcontractors and other required documents. 7. City JOC Project Manager reviews the price proposal verifying scope, quantities, unit cost, contractor cost coefficient, and schedule with subsequent negotiations/revisions as required. 8. Delivery Order is reviewed and approved by Senior Program Manager and Director of Capital Programs based on the approved scope of work under the "Master JOC Agreement" that contains the coefficient and basic terms. 9. If over $500,000, the Delivery Order is submitted to Council for approval. 10. Notice to Proceed is issued upon verification of required Bonds and Insurance. 11. Work commences with periodic City Inspection and progress meetings as required. 12. Final inspection, closeout and warranty exercised. Please note that for the initial performance, all of the selected contractors will receive awards to allow Staff to evaluate of each contractor's responsiveness and contract administration including proper use of the RS Means (Price Book), construction performance, and quality. This is managed with small low risk projects. Only through this way can Staff properly evaluate the contractors to be prepared to execute future Delivery Orders. Additionally, Staff will periodically compete Delivery Orders between two or more of the contractors to allow alternate proposals for the material selections, means and methods, and schedules to achieve overall cost effectiveness of the project within the best interest of the City. This is not on a frequent basis to avoid overtasking contractors that unfairly increases administrative cost to the contractors that will not be reimbursed. However, this allows the maximum fairness and cost efficiency of the program. 3 Introduction of the JOC Program. The first JOC program began in approximately 2006 as a one-year Pilot Test case implemented through the Texas Cooperative Procurement Network (TCPN), a cooperative state wide program specifically competed for such programs within Local Government and School Districts. Centennial Contractors, Inc. of San Antonio, Texas was the contractor utilized under the TCPN. Based on the success, the City issued a stand- alone JOC Program to avoid unnecessary administrative fees of the cooperative program and provide local contractors an opportunity to participate. In January 2007, the City of Corpus Christi issued an RFP (2007-01) for JOC contractors with a 3 -year performance period (base year plus two 1 -year options) that expired in 2010. This enabled the City of Corpus Christi to more effectively target local contractors, including minority/minority business enterprises and Historically Underutilized Businesses (HUB) contractors. Six contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 In 2009, the RFP was again advertised for new competition with a 3 -year performance period (base year plus two 1 -year options) that expired in 2012. Six contractors submitted proposals and after evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Barcom International Inc., 5826 Bear Lane, Drive, Corpus Christi, Texas, 78405 In 2012, the RFP was advertised for new competition with an extended 5 -year performance period (2 -year base with three 1 -year options). Five contractors submitted proposals and after evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Barcom International Inc., 5826 Bear Lane, Drive, Corpus Christi, Texas, 78405, and 2. CAS Companies, 4402 Congressional, Corpus Christi, Texas, 78413 Attached is a summary listing of the JOC contracts from 2014 and 2015. Most Recent JOC RFP and Awards. Mid -year 2014, Barcom Commercial, Inc. was the only JOC contractor under a Master Agreement with the City recommended for additional work. On October 8, 2014, Capital Programs issued a Request for Proposals (RFP) for JOC contractors. In February 2015, City Council authorized execution of four (one to each) Master Agreements for JOC for a two-year base term (with option to renew administratively for up to three one-year periods), with no guaranteed minimum and a maximum aggregate of $2,000,000 per vendor in any one year. Additionally, as provided under State law, all work or task orders (little JOCs) issued under the Master and not exceeding $500,000 may be approved administratively. The February 10th Council Agenda Memo is attached for your convenience. Seven respondents submitted proposals, four of which were deemed administratively complete and sent for review by a Selection Committee. The other three proposals contained material omissions and were deemed nonresponsive. The Selection Committee evaluated each proposal based on the following criteria: 1. Experience, Background, Qualifications (40%) 2. Proposal Plan (20%) 3. Price (proposed coefficients) (20%) 4 4. Local Business/Historically Underutilized Enterprise Participation Program (20%) The panel selected the most highly qualified contractors with proposals that offered the best value to the City. • Alpha Building Corporation • Cruz Maintenance & Construction, Inc. (CMCI) • Haeber Roofing Company • JE Construction Services The following is the ranking matrix of the successful contractors: Firm Quals Proposal Plan Price (Coefficient) - Standard Hours vs. After Hours Small Business Goals Alpha Building 40 20 1.05/1.13 20 CMCI 39 19 0.95/1.05 20 Haeber Roofing 40 18 1.0/1.2 20 JE Constr. Serv. 32 19 1.15/1.3 20 Next Steps: Continue the JOC process to achieve the most efficient and cost effective delivery of JOC candidate projects. 5 2014 JOC PROJECTS Contractor Contract Cost CO #1 CO #2 CO #3 CO #4 Total (incl. CO's) NTP Barcom Streets and Solid Waste Storage Building w/Slab (New Facility) $ 342,200.90 $342,200.90 1/24/2014 Barcom Fire Station Porch Enclosure $ 4,754.27 $4,754.27 CAS Parker Park Swimming Pool Reconstruction $ 383,857.00 $383,857.00 CAS Laguna Madre WWTP Stucco Repairs $ 11,384.00 $11,384.00 2/18/2014 CAS Whitecap WWTP Fascia Repairs $ 43,113.86 $43,113.86 3/20/2014 CAS City Hall 1st FI. Ceiling Replacement $ 3,547.21 $3,547.21 1/9/2014 CAS Packery Channel Misc. Improvements -Windward $ 24,489.90 $24,489.90 3/13/2014 Barcom ABC Ctr Loading Dock Assessment Repairs $ 40,267.42 $40,267.42 2/14/2014 Barcom Corpus Christi Beach House $ 338,111.49 $338,111.49 1/21/2014 Barcom CCFD Warehouse Roof Repairs $ 13,830.74 $13,830.74 2/18/2014 CAS ON Stevens Pump Station Window Repairs $ 46,820.05 $46,820.05 3/14/2014 Barcom ON Stevens DNA Lab Wall $ 15,798.89 $15,798.89 3/10/2014 CAS Dulak Memorial Plaques Base Const $ 47,991.66 $47,991.66 3/20/2014 Barcom Rotanda Room New Wall Panels $ 7,000.77 $7,000.77 3/14/2014 Barcom Fire Station No. 2 Vent Hood Replacement $ 7,630.02 $7,630.02 9/23/2014 Barcom Fire Station VCT Flooring Replacement $ 3,921.76 $3,921.76 7/3/2014 Barcom Sunrise Beach Trailer Roof and Carpet $ 26,655.22 $26,655.22 7/3/2014 CAS Health Dept. New Gym Showers Installation $ 11,207.22 $11,20722 7/11/2014 Barcom CC Police Administration Bldg Addition Roof Replacement $ 240,214.82 $240,214.82 Barcom UBO office Enclosure $ 12,524.67 $12,524.67 8/5/2014 Barcom Whitecap WWTP Security Fence $ 25,818.40 $25,818.40 9/20/2014 Barcom ABC Selena Dressing Room Renovations - Construction $ 438,218.87 $438,218.87 12/4/2014 Barcom ON Stevens Fitter Building Roof Repairs $ 251,546.92 $251,546.92 4/1/2015 GRAND TOTAL= $ 2,340,906.06 $2,340,906.06 Barcom CAS TOTAL $1,768,495.16 $572,410.90 $2,340,906.06 2015 JOC PROJECTS Contractor Contract Cost CO #1 CO #2 CO #3 CO #4 Total (incl. CO's) NTP Barcom Wesley Seale New Storage Shed $ 22,635.94 $22,635.94 5/19/2015 Barcom Health Dept. Gym Showers Mold Removal $ 9,99625 $9,996.25 3/3/2015 CAS Health Dept. Shower Room Asbestos Abatement $ 5,144.50 $5,144.50 5/20/2015 Barcom Ethel Eyerly Senior Center New HVAC $129,167.02 $129,167.02 pending Barcom Miradores Repair and Restoration $318,162.38 $318,162.38 pending NEW JOC CONTRACTOS SELECTED - APPROVED FEB. 2015 CMCI ON Stevens Storefront Server Enclosure $ 12,203.80 $12,203.80 3/31/2015 CMCI Fleet Maintenance Heavy Equipment Shop Roof $ 268,560.75 $268,560.75 Alpha Fire Station No. 10 - Replace Drain Lines $ 10,994.09 $10,994.09 5/18/2015 Alpha Fire Station No. 9 - Drain Lines Repair $ 4,868.83 $4,868.83 5/18/2015 Barcom Fire Station No. 13 - Locker Repairs $ 1,586.12 $1,586.12 Haeber Fire Staion No. 16 - Ridge Cap Replacement $ 1,966.10 $1,966.10 5/13/2015 Alpha Fire Station No. 5 New Gate & Station No. 12 Door Repairs $ 2,724.65 $2,724.65 CMCI CCIA Terminal Canopy New Paint $ 138,046.85 $138,046.85 5/14/2015 Barcom Oso Bay Park Development Playground Equipment (PENDING) $0.00 $0.00 $0.00 $0.00 $0.00 GRAND TOTAL= $ 926,057.28 $926,057.28 Barcom CAS CMCI Alpha Haeber JE Constr Tota $ 481,547.71 $ 5,144.50 $ 418,811.40 $ 18,587.57 $ 1,966.10 $ 926,057.28 AGENDA MEMORANDUM Future item for the City Council Meeting of February 10, 2015 Action item for the City Council Meeting of February 17, 2015 DATE: February 4, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Jerry Shoemaker, P. E., Acting Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 Approval of Master Agreements Job Order Contracting (JOC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Job Order Contracting (JOC) for a two-year term with option to renew administratively for up to three one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00 with the following: • Alpha Building Corporation • Cruz Maintenance & Construction, Inc. • Haeber Roofing Company • JE Construction Services PURPOSE: The purpose of this Agenda Item is to obtain authority to award and execute four (4) Job Order Contract Master Agreements for minor construction services and repair of city facilities on an as -needed basis. BACKGROUND AND FINDINGS: On October 8, 2014 the Department of Capital Programs issued a Request for Proposals (RFP) No. 2014-07 City of Corpus Christi Job Order Contracting (JOC) for Minor Construction, Repair, Rehabilitation, and Alteration of Facilities. The RFP was posted online at www.publicpurchase.com. The Department of Capital Programs coordinated all activities. The following seven (7) respondents submitted Proposals: 1. AJ Commercial Services, Inc. 2. Alpha Building Corporation 3. Cruz Maintenance & Construction, Inc. 4. Discount A/C & Heating 5. Gomez General Construction, LLC 6. Haeber Roofing Company 7. JE Construction Services Four (4) of the respondent's proposals were deemed administratively complete and reviewed by the Selection Committee: 1. Alpha Building Corporation 2. Cruz Maintenance & Construction, Inc. 3. Haeber Roofing Company 4. JE Construction Services Three (3) of the respondent's proposals were administratively incomplete for material omissions, and deemed as nonresponsive: 1. AJ Commercial Services, Inc. 2. Discount A/C & Heating 3. Gomez General Construction, LLC. The Selection Committee evaluated each proposal based on the following criteria: 1. Experience, Background, Qualifications (40%) 2. Proposal Plan (20%) 3. Price (proposed coefficients) (20%) 4. Local Business/Historically Underutilized Enterprise Participation Program (20%) The panel selected Alpha Building Corporation, Cruz Maintenance & Construction, Inc., Haeber Roofing Company, and JE Construction Services as the most highly qualified contractors with proposals that offered the best value to the City. Comments: Award of the four (4) proposed Job Order Contracting Master Agreements as proposed will allow the City to employ this alternative delivery method with either contractor of maximum efficiency. Benefits include: ➢ A better defined scope with cost for the customer. ➢ A more cost efficient and timely delivery of routine work. ➢ As each delivery order is a stand-alone contract, awarding a contractor future jobs can be based on the contractor's performance during the previous job. ➢ Change Orders are minimized. ALTERNATIVES: 1. Award a JOC Master Agreement to neither Alpha Building Corporation nor Cruz Maintenance & Construction, Inc. nor Haeber Roofing Company nor JE Construction Services. 2. Award a JOC Master Agreement to Alpha Building Corporation only. 3. Award a JOC Master Agreement to Cruz Maintenance & Construction, Inc. only. 4. Award a JOC Master Agreement to Haeber Roofing Company only. 5. Award a JOC Master Agreement to JE Construction Services only. OTHER CONSIDERATIONS: The JOC Program is a solution — a method for dealing with a certain volume of recurrent facilities work that demands rapid project deployment. The process and workflow of the JOC Program should be permitted to meet that demand. Acknowledging this, the Texas Legislature amended the Government Code to provide that, for Job Order Contracts, the governing body of governmental entity shall approve each job, task, or purchase order that exceeds $500,000. Tex. Gov't Code Sec. 2269.403(c). By approval of these JOC Master Agreements, Council is approving the job orders to be issued under them that do not exceed $500,000, based on the set coefficients and unit prices, for no guaranteed minimum, and for a maximum aggregate amount of $2,000,000 in any one year. For any job that will exceed $500,000, that "job order contract" will be brought to you for your consideration and approval. The approval recommended by staff is provided for under our Government Code and will allow the JOC Program to function without interjecting further administrative requirements that would defeat its very purpose. CONFORMITY TO CITY POLICY: Conforms to city policy relating to RFP's and competitive sealed proposals, Chapter 2269 of the Texas Government Code relating to Job Order Contracts, and Section 2, Article X, City Charter related to contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Not applicable RECOMMENDATION: City staff recommends a JOC Master Agreement be awarded to Alpha Building Corporation, Cruz Maintenance & Construction, Inc., Haeber Roofing Company, and JE Construction Services, for a two- year term with option to renew administratively for up to three one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000.00 in any one year; authorizing the City Manager or designee to execute all Job Order Contracts thereunder not exceeding $500,000.00. LIST OF SUPPORTING DOCUMENTS: Master Agreement - Alpha Building Corporation Master Agreement - Cruz Maintenance & Construction, Inc. Master Agreement - Haeber Roofing Company Master Agreement - JE Construction Services