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Agenda Packet City Council - 05/12/2009
IM■ I■11/ irasassfaea • 11:45 A.M. - Proclamation declaring May 12, 2009 as "Coastal Bend Green Built Program Day' Proclamation declaring the week of May 9 -17, 2009 as "National Tourism Week" Proclamation declaring the week of May 18 -22, 2009 as "Corpus Christi Business Hall of Fame Week" Proclamation declaring the month of May 2009 as "National Elder Abuse Prevention Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 12, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habr5 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 Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Richard Barrera, Lord is Peace Worship Center. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummell City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of April 21, 2009 and April 28, 2009. (Attachment # 1) Agenda Regular Council Meeting May 12, 2009 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed ;; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving supply agreements with the following companies for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI- 0124 -09 for an estimated semi - annual expenditure of $719,387.50 of which $239,795.83 is budgeted for the remainder of FY 2008 -2009. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Street Services in FY 2008 -2009 and requested in FY 2009 -2010. (Requires 2/3 Vote) (Attachment # 2) Agenda Regular Council Meeting May 12, 2009 Page 3 Bay LTD Corpus Christi, Texas $678,632.50 Primary Supplier CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) HAC Materials, LTD Corpus Christi, Texas $40,755.00 Secondary Supplier Grand Total: $719,387.50 3. Motion approving a supply agreement with Casco Industries Inc., of Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, for an estimated annual expenditure of $124,920 of which $20,820 is required for the remainder of FY 2008 -2009. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Fire Department in FY 2008- 2009. (Requires 2/3 Vote) (Attachment # 3) 4. Motion approving an agreement with McGriff, Seibels & Williams, Inc. of San Antonio, Texas for the purchase of Excess Liability Insurance, in accordance with Request for Proposal Number BI- 0126 -09, for a period of three years with an option to extend for up to two additional one -year periods, for a total three- year expenditure of approximately $1,125,600, of which approximately $62,533 is required for the remainder of FY 2008- 2009. The term of the agreement will be for three years with an option to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or his designee. Funds are budgeted in the Liability /Employee Benefit - Liability and Liability /Employee Benefits - Workers' Compensation Funds. (Requires 2/3 Vote) (Attachment # 4) 5. Ordinance appropriating $24,114.18 in Fund No. 1020 General Fund from the sale of lost, stolen, or recovered property sold on Property Room.com that was declared as abandoned property and can be disposed of in accordance with Texas Code of Criminal Procedure and City Code, to pay for unbudgeted improvements to the Police Property Room, the Police building, and lease of space for a supplemental Police Property Room; amending the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $24,114.18 each. (Requires 2/3 Vote) (Attachment # 5) Agenda Regular Council Meeting May 12, 2009 Page 4 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. (Requires 2/3 Vote) (Attachment # 6) b. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. (Requires 2/3 Vote) (Attachment # 6) a. Resolution authorizing the City Manager or his designee to accept a grant amendment totaling $8,424 from the Texas Department of State Health Services for the Women, Infants, and Children (WIC) Program with the change as follows: an increase in the reimbursement rate to $11.81 per participant served, resulting in an additional $8,424 in program income; and to execute all related documents. (Requires 2/3 Vote) (Attachment # 7) b. Ordinance appropriating a grant amendment totaling $8,424 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children (WIC) Program as follows: $8,424 in program income due to a change in the reimbursement rate per participant served. (Requires 2/3 Vote) (Attachment # 7) 8. Ordinance appropriating a $2,834 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission grant fund for the 2009 Festival of the Arts. (Requires 2/3 Vote) (Attachment # 8) 9. Ordinance authorizing the City Manager or his designee to execute an amendment to the Marina Slip Rental Contract with Yachting Center of Corpus Christi, LLC, to allow sale of on- premises alcoholic beverages. (Requires 2/3 Vote) (Attachment # 9) 10. Ordinance authorizing the City Manager or his designee to execute an agreement with the Art Museum of South Texas for placement of Kent Ullberg sculpture at Watergarden area for a term of five (5) years. (Requires 2/3 Vote) (Attachment # 10) 7. Agenda Regular Council Meeting May 12, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Resolution authorizing the City Manager or his designee to execute a gift agreement with the Gulf Coast Indian Confederation of Corpus Christi regarding the donation of a bronze sculpture commemorating the Native Americans in Corpus Christi to be located in Hans Suter Park. (Requires 2/3 Vote) (Attachment # 11) 12. Resolution supporting passage of State Legislation requiring producers of televisions, computers, and other electronic products to participate in takeback recycling programs and requiring vendors who provide electronic products to state and local governments to take back discarded electronic products. (Attachment # 12) 13. Motion granting a waiver to Cinco Natural Resources Corporation ( "Cinco ") to exceed the maximum dimensions of a well structure as stated by the Code of Ordinances, Chapter 35, Section 35- 111(2) upon showing by Cinco that the environment, public health, safety, and welfare are adequately protected and to allow the placement in a marine area of two well structures each measuring approximately eight feet by sixty feet (8' x 60'). (Requires 2/3 Vote) (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Change Order No. 1 for excavation of storm water intercept ditches on west side of Channel "B" and construction of four (4) rip rap spillways on west side of Channel "B ", outfall repairs, 850 linear feet of tall trash containment fence and -driveway improvements to protect the City's assets, and assure TCEQ Permit compliance in an amount not to exceed $232,146 for a restated not to exceed fee of $2,051,951.50 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4B Liner & Leachate Collection System. (Requires 2/3 Vote) (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Russell Corrosion Consultants Inc. of Simpsonville, Maryland, in the amount of $126,550.10 for the Mary Rhodes Pipeline Cathodic Protection 2009 project. (Requires 2/3 Vote) (Attachment # 15) Agenda Regular Council Meeting May 12, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, of Corpus Christi, Texas, in the amount of $126,850 for a restated fee of $871,855 for Doddridge Street Improvements - Ocean Drive to Staples Street for continued construction observation of the project. (Bond 2004) (Requires 2/3 Vote) (Attachment # 16) a. Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Bays & Estuaries Program, Inc., in the amount of $50,000 for a Marina Debris Management Plan and Pilot Project. (Requires 2/3 Vote) (Attachment # 17) b. Ordinance appropriating $50,000 from Coastal Bend Bays & Estuaries Program, Inc., in the No. 1058, Marina Grants Fund for a Marina Debris Management Plan and Pilot Project; amending FY 2008 -2009 Operating Budget. (Requires 2/3 Vote) (Attachment # 17) 18. Resolution authorizing the Mayor to execute an addendum to the Interlocal Cooperation Contract with Nueces County, San Patricio County, and the City of Ingleside for the creation of an Independent Defense Base Development Authority as the successor for the Ingleside Local Redevelopment Authority (LRA). (Requires 2/3 Vote) (Attachment # 18) 19. Resolution approving a Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and ACCI6N Texas, Inc. (ACCI6N Texas) for an interest buy -down program for small businesses and authorizing the City Manager or his designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the ACCI6N Texas Small Business Incentive Agreement. (Requires 2/3 Vote) (Attachment # 19) 17. 20. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Texas A &M University — Corpus Christi for an intern program to support small businesses and authorizing the City Manager or his designee to execute a Project Support Agreement with the Corpus Christi Business and Job Agenda Regular Council Meeting May 12, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Development Corporation regarding implementation and administration of the Texas A &M University — Corpus Christi Business Incentive Agreement. (Requires 213 Vote) (Attachment # 20) 21. Resolution approving a Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the FastTrac® Growth Venture TM Program, which will provide up to $120,000 in grants to program participants who create and retain new jobs for their businesses, and authorizing the City Manager or his designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentive Agreement. (Requires 2/3 Vote) (Attachment # 21) 22. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for an intern program to support small businesses and authorizing the City Manager, or his designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Business Incentive Agreement. (Requires 2/3 Vote) (Attachment # 22) 23. Resolution approving an Agreement to grant business incentives between the Corpus Christi Business and Job Development Corporation and SCORE Chapter 221 (SCORE), which grants $50,000 in business incentives for the operation of a program to assist small and start-up businesses in Corpus Christi and authorizing the City Manager or his designee to execute a Business Incentives Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives. (Requires 2/3 Vote) (Attachment # 23) 24. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding City Council's Youth Advisory Committee; and providing for publication. (Attachment # 24) Agenda Regular Council Meeting May 12, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASES: 25. Case No. 0309 -03, Melvin Littleton: A change of zoning from a "F -R" Farm and Rural District to a "1 -3" Heavy Industrial District resulting in a change of land use from farm and rural uses to heavy industrial uses described as 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas located approximately 1.0 miles north of Mustang Island State Park on the northwest side of State Highway 361 and across from the La Concha Subdivision. (Requires 2/3 Vote) (Attachment # 25) Planning Commission's Recommendation: Denial of the "1 -3" Heavy Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan and eight (8) conditions. Alternative Applicant and Staffs Recommendation: The Special Permit conditions are identical to the Planning Commission recommendation except condition number 4 has been revised and a new condition number 9 has been added. ORDINANCE Ordinance amending the Zoning Ordinance upon application by Melvin Littleton, General Partner, LFP Unimproved Investments, Ltd., by changing the Zoning Map in reference to 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas, from "F -R" Farm and Rural District to "F -R/SP" Farm and Rural District with a Special Permit to allow for construction of an equipment storage building, subject to a Site Plan and eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 26. Case No. 0409 -01, TNT Crane & Rigging, Inc.: A change of zoning from a "1 -2" Light Industrial District to a "1 -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank described as a 375 square foot tract out of Interstate Agenda Regular Council Meeting May 12, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Industrial Complex Block 4, Lot 4A, located on the south side of IH -37, 0.16 miles west of Corn Products Road. (Requires 2/3 Vote) (Attachment # 26) Planning Commission and Staff's Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan and four (4) conditions. ORDINANCE Ordinance amending the Zoning Ordinance upon application by TNT Crane & Rigging, Inc., by changing the Zoning Map in reference to a 375 - square foot tract out of Interstate Industrial Complex, Block 4, Lot 4A, from "1 -2" Light Industrial District to "I- 2/SP" Light Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a Site Plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 27. Case No. 0409 -03, Corpus Christi Athletic Club: A change of zoning from a "B -3" Business District to a "B-4" General Business District resulting in a change of land use from commercial to commercial and residential on property described as 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. (Requires 213 Vote) (Attachment # 27) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District. ORDINANCE Ordinance amending the Zoning Ordinance upon application by Corpus Christi Athletic Club, Inc., by changing the Zoning Map in reference to 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1, from "B -3" Business District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting May 12, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 28. Case No. 0409 -02, Morris L. Lichtenstein, Jr. Medical Research Foundation: A change of zoning from "B -3" Business District to a "B-4" General Business District resulting in a change of land use from commercial to commercial and residential on property described as 3.198 acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. (Requires 2/3 Vote) (Attachment # 28) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District. ORDINANCE Ordinance amending the Zoning Ordinance upon application by Morris L. Lichtenstein, Jr. Medical Research Foundation, by changing the Zoning Map in reference to 3.198 acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7, from "B -3" Business District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 29. Motio-n directing staff to publish the required notice, under Chapter 402 of the Texas Local Government Code, of a Public Hearing to consider adoption of an Ordinance to establish a storm water utility rate, and setting a Public Hearing to be held at the Tuesday, June 16, 2009 Meeting of the Corpus Christi City Council. (Attachment # 29) 30. Resolution relating to establishing the City's intentions to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for costs associated with Holly Road Street Improvements; authorizing matters incident and related thereto; and providing an effective date. (Requires 2/3 Vote) (Attachment # 30) Agenda Regular Council Meeting May 12, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and S & G Marina, L.L.C., for construction and operation of a dry rack boat storage facility and authorizing the City Manager or his designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the S & G Marina, L.L.C., Business Incentive Agreement. (Requires 2/3 Vote) (Attachment # 31) L. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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. Agenda Regular Council Meeting May 12, 2009 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 32. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at p.m., on May 6, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA ~EULARCOUN~IL MEETING CITY of CORPUS HRiTi, TEXAS CITY HALL - COUNCIL HAMBER ~~~~ LEOPARD T. I~AY ~ 2, ~40~ ~ a:oo A,M. PUBLIC NOTICE is hereby given pursuant to Texas Open ~Ileetings pct o~ the follo~rin addition to the agenda of the City Council to be considered at the above meeting: ~(. REIJLARACENDA ~ ,. Discussion and consideration of all potential options that may be considered for Illlerr~or'ral Coliseum. POST[NO STATEIVIENT: This supplemental agenda gas posted on the City's official bulletin board at the front entrance to Cit Hall,1 ~0 ~ Leo and street, at ~ p. m., May 8, X009. Y ~ Armando Chapa City Secretary City Council Goals 2007 -2009 IT��rr! \I Develop Street Plan Texas A&M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 21, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper* Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 10:07 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sam Gutierrez with Comerstone Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * ** Mayor Garrett called for consideration of the consent agenda (Items 1 - 14). There were no comments from the public. Council members requested that Items 1, 2, 4, 6, 10, 11, and 13 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 028122 Resolution authorizing the City Manager or his designee to execute Addendum No. 1 to the Interlocal Cooperation Agreement with Nueces County, for City of Corpus Christi to provide lifeguard services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by County. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 3.b. ORDINANCE NO. 028123 Ordinance appropriating $19,968.00 in the General Fund No. 1020 for reimbursement from Nueces County for lifeguard services on Nueces County Gulf Beaches; changing FY 2008- 2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $19,968.00 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. —1— Minutes — Regular Council Meeting April 21, 2009 — Page 2 5. MOTION NO. 2009 -094 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with B. Harman Engineering, LLC of Corpus Christi, Texas in the amount of $271,702 for the Oso Water Reclamation Plant Process Improvements, Belt Filter Press Building Replacement Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 7. MOTION NO. 2009 -096 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, Inc. of Corpus Christi, Texas, in the amount of $599,563 for Up River Road — Rand Morgan to I.H. 37 (inside City limits only) for design, bid, and construction phase services. (Bond 2008) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 8. MOTION NO. 2009 -097 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Bath Engineering Corporation of Corpus Christi, Texas, in the amount of $398,600 for a revised fee of $445,600 for O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 9. MOTION NO. 2009 -098 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $147,620 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility for the design, bid, construction, and additional phase services. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 12.a. MOTION NO. 2009 -101 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Ark Assessment Center and Emergency Shelter for Youth for childcare items. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained; Cooper was absent. -2- Minutes — Regular Council Meeting April 21, 2009 — Page 3 12.b. MOTION NO. 2009 -102 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Big Brothers Big Sisters of South Texas for mentoring services for children. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo, Kelly, and Marez abstained; Cooper was absent. 12.c. MOTION NO. 2009 -103 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Coastal Bend Community Foundation for Downtown Art Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezabstained; Cooper was absent. 12.d. MOTION NO. 2009 -104 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with K Space Contemporary for art program expenses. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezabstained; Cooper was absent. 12.e. MOTION NO. 2009 -105 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the South Texas Substance Abuse Recovery Services (STSARS) for services to homeless or at -risk homeless individuals. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezabstained; Cooper was absent. 12.f. MOTION NO. 2009 -106 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Workforce Solutions of the Coastal Bend for education and referral services to foster care youth to enter workplace. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez abstained; Cooperwas absent. 14.a. ORDINANCE NO. 028125 Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Ayers Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (First Reading — 4/14/09) -3- Minutes — Regular Council Meeting April 21, 2009 — Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 14.b. ORDINANCE NO. 028126 Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Elizabeth Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (First Reading — 4/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 14.c. ORDINANCE NO. 028127 Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Santa Fe Street between Ayers Street and Elizabeth Street from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication. (First Reading — 4/14/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 1 regarding a donation from the Pollution Prevention Partnership to assist in the purchase and installation of bike racks in the downtown area. Gretchen Amold, Pollution Prevention Partnership, provided a brief overview of this item including the entities involved; the funding; and development of the program. Ms. Arnold explained that the installation of the bike racks is to improve congestion issues and emissions in the revitalized areas of downtown. Council Member McCutchon asked questions regarding the locations identified for racks. Ms. Amold said the racks are located in the downtown area and the uptown area sites have not been identified. Vince Tayna, Rugged Cycles, spoke regarding his design of airless, chainless bicycles. Mr. Tayna stated that he would be making an offer to the City in the near future to provide a pilot fleet of bikes to launch a comprehensive bike program. Council Member Leal spoke regarding the creation of a BMX bike park. Dr. McCutchon made a motion directing staff to take the necessary action to match the donation of $5,000 from the General Fund. The motion was seconded by Mr. Kelly. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. City Secretary Chapa polled the Council for their votes as follows: 1. ORDINANCE NO. 028119 Ordinance appropriating $5,000 in the General Fund No. 1020 from a donation from the Pollution Prevention Partnership to assist in the purchase and installation of bike racks on City property in the Downtown and Bayfregtarea; changing FY 2008 -2009 Operating Budget Minutes - Regular Council Meeting April 21, 2009 - Page 5 adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $5,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 2 regarding park playground equipment for Corpus Christi Beach. Council Member Marez thanked the Nueces County Commissioners' Court, Commissioner BettyJean Longoria, and former Commissioner Peggy Banales for their work on this project. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 028120 Resolution authorizing City Manager or designee to execute an Interlocal Cooperation Agreement with Nueces County, Texas regarding park playground equipment for Corpus Christi Beach. The foregoing resolution was passed and approved with the following vote. Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. 2.b. ORDINANCE NO. 028121 Ordinance appropriating $2,500 in the General Fund No. 1020 from a donation from the Corpus Christi Beach Association to assist in building a sidewalk to access the playground equipment at Corpus Christi Beach Park; changing FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase estimated revenues and appropriations by $2,500 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 4 regarding a grant application for the purpose of study and removal of sargassum. Director of Parks and Recreation Sally Gavlik responded to questions. The following topics pertaining to this item were discussed: the award period; back stacking; front stacking and trenching; the time period of the current permit; whether the current permit can be amended; representation at the Sargassum Symposium; the city match; the total grant amount; how the grant is structured; whether Texas A & M University - Corpus Christi is contributing; indirect contributions; and the division of funding. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 028124 Resolution ratifying the submission of a joint grant application with Texas A &M University - Corpus Christi to the National Oceanic and Atmospheric Administration (NOAA), Coastal and Marine Habitat Restoration Project Grant in the amount of $3,164,454 in the American Recovery and Reinvestment Act for the purpose of study and removal of Sargassum on three pilot sites within the 7.7 miles of Gulf Beach maintained by the City of Corpus Christi, with City match of $700,133 in the Parks and Recreation General Fund (Beach Maintenance Operations). -5.- Minutes — Regular Council Meeting April 21, 2009 — Page 6 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 6 regarding Kostoryz Road. In response to Council Member McCutchon, Director of Engineering Services Pete Anaya stated that a left turn lane westbound on Sunnybrook is considered as part of the proposed improvements. Dr. McCutchon requested that this project extend to Brawner Parkway if there is an opportunity in the budget. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2009 -095 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, of Corpus Christi, Texas in the amount of $1,414,850, for design, bid, and construction phase services for Kostoryz Road: (Bond 2008) *Kostoryz Road, Phase 1 from Home to Sunnybrook * Kostoryz Road, Phase 2 from Sunnybrook to SPID The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 10 regarding North Navigation Boulevard Pump Station. Council Member McCutchon asked questions regarding the engineering consultant work by Urban Engineering; whether consultant costs are usually 25% of the job costs; and the reason the engineering costs were $26,230 for the placement of new valves. Director of Engineering Services Pete Anaya explained that Urban Engineering became involved with this project when it was originally a Capital Improvement Project (CIP) regarding a leaking tank. Mr. Anaya added that Urban Engineering realized that the problem was with the valves and Urban Engineering inspected the valves and prepared the specification work. Mr. Anaya stated that consultant costs are generally 6 -8% for the design phase. Mr. Anaya said that the engineering costs included the recommendation and specifications for electrical and SCADA upgrades. City Secretary Chapa polled the Council for their votes as follows: 10. MOTION NO. 2009 -099 Motion authorizing the City Manager, or his designee, to execute a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas in the amount of $114,600 for North Navigation Boulevard Pump Station New Motor Operated Valve (MOV) Actuators for the Base Bid. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 11 regarding the South Guth Ball Field Relocation Project. Director of Engineering Pete Anaya and Manager of Property and Land Acquisition Sonny Garza responded to questions. The following topics pertaining to this item were discussed: the budgeted amount for land acquisition of the ballparks; the total costs for land acquisition; the land acquisition appraisals for this tract; the basis for obtaining a third appraisal for this land; the amount the City offered to originally buy the land; whether the original offer from the City was within budget; the determination of the final value offered; the previous offer the land owner received for this land; the results of the condemnation hearing; the amoigitspent on outside attorneys; whether any money Minutes — Regular Council Meeting April 21, 2009 — Page 7 has been spent to make this property useful for the city; and how the additional costs will be covered within the proposed budget. City Secretary Chapa polled the Council for their votes as follows: 11. MOTION NO. 2009 -100 Motion authorizing payment of the Special Commissioners Award in the amount of $380,000 in connection with condemnation of Parcel 2, owned by Vickers Family Trust, for fee simple property rights to 7.197 acres of land located along the west side of Paul Jones Avenue, approximately one - quarter mile southeast of South Padre Island Drive, necessary for the South Guth Ball Field Relocation Project and for other related public purposes. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 13 regarding the deletion of the Small Business Advisory Committee. Council Member Hummell thanked staff for reviewing this committee and determining that the purpose and function are no longer useful to the City. Director of Economic Development Irma Caballero stated that the ordinance would need to be substituted to include the wording "supporting the Corpus Christi Chamber of Commerce's Small Business Council. Ms. Martinez made a motion to substitute the ordinance. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 13. FIRST READING ORDINANCE Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by deleting Division 12, Small Business Advisory Committee; supporting the Corpus Christi Chamber of Commerce's Small Business Council. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Council Member Marez thanked the Council for approving Item 12 regarding the donation of his council salary to various organizations. Mayor Garrett opened discussion on Item 18.1. regarding the Public Health District. Assistant City Manager Margie Rose explained that this item was for consideration to approve the Reformed Cooperative Agreement with Nueces County to form and operate a Public Health District. Ms. Rose provided a brief overview of the process challenges between the City and the County and the changes to the agreement including changes to the Health Director and Local Health Authority; creating a single pay plan; travel policies; incentive programs; purchasing; the transfer of two County employees to the City Environmental Health Department; revenues; and essential services personnel. Ms. Rose thanked the following employees involved in the process. Director of Human Resources Cynthia Garcia, Assistant Director of Human Resources Joan McKaughan, Human Resources Analyst Sylvia Wilson, Interim Assistant City Manager Cindy O'Brien, Interim Director of Finance Constance Sanchez, Assistant Directo[9 Finance Mike Barrera, Assistant City Attorney Minutes — Regular Council Meeting April 21, 2009 — Page 8 Elizabeth Hundley, Assistant City Attorney Lisa Aguilar and Assistant Director of Health Annette Rodriguez. Steve Waterman, Assistant to the County Judge, stated that this item was a great team effort by both entities and thanked the county participants including County Attorney Laura Jimenez, Auditor Peggy Hayes, Director of Human Resources Julie Vera, and Purchasing Agent Elsa Saenz. In response to Council Member Elizondo, Assistant Director of Health Annette Rodriguez said there would not be any negative affects to the benefits and salaries. Mayor Garrett called for comments from the audience. Commissioner Betty Jean Longoria thanked City Manager Escobar, Assistant City Manager Rose and all of the employees involved in the process and spoke regarding the benefits of the contract. Abel Alonzo, 1701 Thames, said this agreement was created due to great leadership. City Secretary Chapa polled the Council for their votes as follows: 18.1. RESOLUTION NO. 028130 Resolution approving the Reformed Cooperative Agreement with Nueces County to form and operate a Public Health District; authorizing the City Manager or his designee to execute the reformed agreement; and authorizing the City Manager or his designee to implement all additional measures required by the City under the reformed agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 17 regarding the Charter Review Ad Hoc Committee recommendations. Chairman of the Charter Review Committee Bob White along with committee members Bill Kopecky, John Bell, Mary K. Fant, Robert Tamez, and Leal Olivarri were available to respond to questions. The following topics pertaining to this item were discussed: the current council's ability to endorse the recommendations; the salary increase for council members; issues with the lifetime maximum on term limits; the reasons the committee supported the lifetime maximum; and including the salary with the health insurance issue on Proposition 2. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Steven "Blue Jay" Presley spoke regarding a project for the Memorial Coliseum to get the homeless of the streets and asked the Council to delay their decision on the Coliseum. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas power plant. Jack Gordy, 4118 Bray, spoke regarding staff members eating meals from the City Council meetings. Jerry Garcia, Southside Youth Sports Complex, spoke regarding the land acquisition cost for the relocation of the South Guth Ballfields. Adam Scott, 1027 Cupertino Street, Portland; spoke regarding the opportunity to use the Memorial Coliseum for the U.S. Swimming and National Training Center. Rudy Medina, 5413 Cain, spoke regarding code enforcement violations at a commercial property on Holly Road. Bill Mayer, 7330 Sun Valley, spoke regarding the exposure of Agent Orange at the Corpus Christi Army Depot. * * * * * * * * * * * * * Minutes — Regular Council Meeting April 21, 2009 — Page 9 Mayor Garrett returned to Item 17 regarding the recommendations from the Charter Review Ad Hoc Committee. The following topics pertaining to this item were discussed: reconsideration of the lifetime maximum term; timeframe for the separation of service; the internal auditor position; the increase in salary; having council members pay 100% of their premiums for health insurance; the language "disallowing a person to become eligible for election to a new term limit after not serving one full term "; problems with splitting the salary and health insurance; and changing the wording on Proposition 2 from salary to compensation. Mayor Garrett called for comments from the audience. Jack Gordy, 4118 Bray, spoke regarding health insurance for council members and suggested that the wording in Proposition 2 be changed from salary to compensation. Abel Alonzo, 1701 Thames, stated that he was disappointed that the discussion of single member districts was not a recommendation. City Secretary Chapa polled the Council for their votes on Proposition 1 as follows: 17.a. MOTION NO. 2009 -108 Motion endorsing Proposition 1. Updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mr. Hummell made a motion to change the wording in Proposition 2 from salary to compensation. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Marez, voting "Aye "; Kelly, Elizondo, and Martinez, voting "No" Mr. Kelly made a motion to segregate the insurance from compensation on Proposition 2 and vote on those items as two separate propositions. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Kelly and Marez voting "Aye "; Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "No ". City Secretary Chapa polled the Council for their votes on Proposition 2 as follows: 17.b. MOTION NO. 2009 -109 Motion endorsing Proposition 2. as amended increasing the compensation of city council members to $12,500 per year and of the mayor to $18,750 per year and allowing the Mayor and other members of the City Council or their families who are eligible to participate in any health and dental plans offered to city employees if they pay 100% of the premiums for such plans. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes — Regular Council Meeting April 21, 2009 — Page 10 Mr. Marez made a motion to change Proposition 3 to allow for an eight (8) year period between service. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion passed with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the Council for their votes on Proposition 3 as follows: 17.c. MOTION NO. 2009 -110 Motion endorsing Proposition 3. as amended changing the term limits on the Mayor and Council members allowing for an eight (8) year period between service and disallowing a person to become eligible for election to a new term limit after not serving one full term. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly voting "No ". City Secretary Chapa polled the Council for their votes on Proposition 4 as follows: 17.d. MOTION NO. 2009 -111 Motion endorsing Proposition 4. Adding a position of City Auditor who shall be appointed by the City Council. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the Council for their votes on Proposition 5 as follows: 17.e. MOTION NO. 2009 -112 Motion endorsing Proposition 5. Clarifying the provisions concerning leases, franchises and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Pro Tem Elizondo opened discussion on Item 18.2. regarding the naming of the Packery Channel Boat Ramp the "Henry Garrett Packery Channel Boat Ramp ". Council Member Marez stated that this council feels that it is appropriate to name something after Mayor Henry Garrett to reflect his years of service as a City employee, Council Member, and Mayor. Mr. Marez made a motion to redirect staff to look at renaming the marina after Mayor Garrett. The motion was seconded by Ms. Cooper. The following topics pertaining to this item were discussed: consideration of naming the marina; process or criteria for naming public facilities after individuals; consideration of naming the police headquarters or new shooting range; whether Mr. Garrett has been asked which facility he would prefer; and consideration of the boat rareq ®t- Packery Channel. Minutes — Regular Council Meeting April 21, 2009 — Page 11 City Manager Escobar stated that staff could bring back this item next week to include all of the considerations. Council Member Marez withdrew his motion. Mr. Kelly made a motion directing staff to come back with an agenda item for consideration and to request input from Mayor Garrett. The motion was seconded by Ms. Cooper. The foregoing motion was passed and approved with the following vote: Cooper, Elizondo, Hummell, Leal, Marez, and Martinez voting "Aye "; McCutchon voting "No "; Garrett was absent. Mayor Pro Tem Elizondo called for comments from the audience. Abel Alonzo, 1701 Thames, stated that Mayor Garrett has served the community well and that he deserves to have the marina named after him. 18.2. POSTPONED Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0109 -05, Proportional Prosperity, LLC: A change of zoning from a'B-4" General Business District to an 1 -2 Light Industrial District on property described as Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26 and 27 located at the northeast corner of Saratoga and Calle las Colonias approximately'' /2 mile east of Greenwood Drive. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "1-2" Light Industrial District and in lieu thereof approval of a Special Permit subject to a site plan and six conditions. In response to Council Member Hummell, Interim Assistant Director of Development Services Faryce Goode -Macon stated that the special permit remains with the land and not the business. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028128 Ordinance amending the Zoning Ordinance, upon application by Proportional Prosperity, L.L.C., by changing the Zoning Map in reference to Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26, and 27, from "B-4" General Business District to "B -4 /SP" General Business District with a Special Permit so that the existing building, and specifically, the associated outdoor storage use, conforms to the Zoning, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. —11— Minutes — Regular Council Meeting April 21, 2009 — Page 12 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Hummell voting "No "; Marez was absent. Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the FY2008 Consolidated Annual Action Plan: 16.a. Public Hearing to receive public comments regarding an amendment of the FY2008 Consolidated Annual Action Plan to add $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of Community Development Block Grant funds provided from the American Recovery and Reinvestment Act of 2009. Director of Community Development Daniel Gallegos explained that the purpose of the public hearing is to receive input on the substantial change for the 2008 Consolidated Annual Action Plan (CAAP) to incorporate $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program (HPRP) and to add $911,062 of Community Development Block Grant (CDBG) funds from the American Recovery and Reinvestment Act of 2009. Mr. Gallegos provided an overview of the eligible activities for the ESG program and said that the CDBG program currently has no parameters but the projects will have to be "shovel ready". Mr. Gallegos reported that staff intended to release notice of the funds availability, send out a Request for Proposal (RFP), and bring back recommendations for approval. The following topics pertaining to this item were discussed: consideration of funding CDBG projects for the Hillcrest Area; if the City currently has a HPRP program; on -going funding for the HPRP program; how the funding is administered; the percentage of funding allocated to organizations and administration; parameters for the CDBG program; defining shovel ready projects; allocating the 100% of CDBG funding to non - profit agencies; whether current projects will have to resubmit requests for funding; and administrative costs for the 2009 CAAP. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked Council to delay allocation funding for a project and first find out the parameters for the CDBG program. Dr. McCutchon made a motion to amend Item 16.b. to include that all of the additional $911,062 for CDBGfunding be dedicated to non - profit agencies; that funds be equally distributed in the various CDBG tracts; and that the projects are shovel ready projects. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Leal and McCutchon voting "Aye"; Garrett, Cooper, Elizondo, Hummell, Kelly, and Martinez, voting "No "; Marez was absent. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 16.b. MOTION NO. 2009 -107 Motion to authorize the City Manager or his designee to amend the FY2008 Consolidated Annual Action Plan to add $1,393,181 of Emergency Shelter Grant funds for the Homeless Prevention and Rapid Re- Housing Program and to add $911,062 of Community Development Block Grant funds provided from the American Recovery and Reinvestment Act of 2009 and to execute all related and necessary documents. —12— Minutes — Regular Council Meeting April 21, 2009 — Page 13 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 18 regarding the FY2009 Consolidated Annual Action Plan. Director of Community Development Daniel Gallegos was available to respond to questions. The following topics pertaining to this item were discussed: the impact report for the Del Mar College Business Resource Center; clients assisted by the Del Mar College Business Center; recommended projects; other programs that could assist CDBG - Hillcrest Homeowners Association; additional allocation for the 2009 CAAP; whether the Hillcrest program currently exists; whether funding from CDBG- Emergency Home Repair Grant Program can be designated to fund CDBG - Hillcrest Homeowners Association; whether CDBG funding is available city -wide; if any recommendation are not in a CDBG tract; the national objectives; whether the City has been in litigation in the past regarding the use of CDBG funds; and confidentiality of information from the Del Mar Business Resource Center. Mr. Kelly made a motion to allocate $40,000 to CDBG - Hillcrest Homeowner Association from any additional allocation for the 2009 CAAP program. The motion was seconded by Dr. McCutchon. A brief discussion ensued. Mr. Kelly withdrew his motion. Mr. Kelly made a motion to earmark $100,000 of the $400,000 from CDBG- Emergency Home Repair Grant Program and allocate to eligible programs in the Hillcrest Area. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked the Council to listen to staffs recommendations and spoke regarding diversity. Dr. Gloria Scott spoke regarding federal regulations and projects not recommended in CDBG tracts. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 028129 Resolution adopting the FY 2009 Consolidated Annual Action Plan which includes the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnership (HOME) programs; authorizing the City Manager or his designee to submit the FY 2009 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the FY 2009 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Elizondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. (NOTE: Kelly abstained from the vote and discussion on the portion of the resolution related to Corpus Christi Metro Ministries; Leal abstained on the vote and discussion on the portion of the resolution relating to the Nueces County Community Action Agency). ............. —13— Minutes — Regular Council Meeting April 21, 2009 — Page 14 Mayor Garrett referred to Item 19 regarding the status of the storm water drainage utility rate development. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the current timeline for implementation; background; and possible outcomes of the storm water utility initiative. The following topics pertaining to this item were discussed: the implementation date; informing the Council on updates to the timeline; public and stakeholder meetings; policies and procedures; and the location of the public hearings. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:11p.m. on April 21, 2009. * * * * * * * * * * * * * -14- Rev. 04/22/09 ATTACHMENT A CITY OF CORPUS CHRISTI FY2009 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2009 CDBG PROGRAM FY2009 CDBG Allocation (ESTIMATED) $3,350,000 Reprogrammed Funds $122,747 Program Income from Demolition liens and Property Clearance $204,762 Program Income from Single Family Rehabilitation Loan Program (Revolving Fund) $600,000 TOTAL FUNDS AVAILABLE FOR FY2009 CDBG PROGRAM $4,277,509 PROJECT & DES'CRIPTION City Council ADA Improvements in CDBG Areas This project would address the needs of ADA Improvements to include a Master Plan in CDBG eligible areas. It will include sidewalks where none exist and ADA compliant curb cut ramps. The implementation plan would be an IDIQ Method ( Indefinite Design,Indefinite Quantity) which will allow the design consultants to evaluate each identified priority area and determine scope, design and cost as well as perform construction management. The priority list is attached (see 1 $188,938 Attachment #1) itemizes the locations identified be the ADA Title 11 Comprehensive Evaluation and Transition Plan adopted by City Council on February 11, 2003 as well as other priority areas indentified by the Mayors Committee for Person with Disabilities. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME, ESG and Continuum of Care federal regulations, conducts public hearings /meetings, reviews proposed projects and activities to determine eligibility, funding, monitors subrecipients, provides technical assistance, conducts environmental assessments of funded projects /activities and enforces 15 $447,823 Davis Bacon federal wage rate requirements. Clearance of Vacant Properties Program This activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, debris accumulation and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas. Liens may be placed against the properties to cover the cost incurred. 16 $200,000 Code Enforcement Program The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators (50 %), Management Assistant (50 %), Model Block Administrator (75 %) and Zone & Code Enforcement Administrator (25 %) will be funded in the amount of $343,218. Also, includes for a Neighhorhood Planner in the amount of $49,831. The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods within 19 $350,000 CDBG Target Areas that are in need of compliance assistance (including Model Block Program Site). The substantability efforts for these neighborhoods need continued monitoring and citizen compliance; inspections are conduced on particular code violations. Cole's Gym This is project is to replace two of the existing AC units for the gymnasium located at 924 32 $50,000 Winnebago. The existing units are past the life expectancy and new energy efficient units would lower over all operating cost. -15- PI�OJECT,&DESGRJPTION -- �� - ° : s PO a 8 CItyCounc!l. ,Adopt' Demolition Program This activity will facilitate the securing and /or removal of unsafe structures. The removal of unsafe structures is a priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies structures that are occupied, unsecured, and dilapidated. The Building Standards Board (BSB) consists of City Council- appointed members that review sub- standard building cases, where owner compliance is not obtained, and orders the repair or demolition of the structures presented. The BSB processes have recently been revised and sub- standard case procedures have been enhanced to provide efficient and effective management. Liens may be placed against the properties to cover the cost incurred. 36 $200,000 Emergency Home Repair Grant Program * Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural repairs (A) If the $6,500 remains the same we are requesting $500,000 to assist 77 homeowners, (B) If the grant is increased to $10,000 and the age requirement is lowered to 62 from 65, we project 132 homeowners seeking assistance; therefore, we are requesting $1,320,000. 43 $400,000 Greenwood Senior Center Increased Accessibility Greater access is to be achieved by implementing public facility improvements of barrier removal for senior center, principally benefiting a low and very low income neighborhood where this center is located. The Greenwood center located at 4040 Greenwood is surrounded by an average of 29% of seniors living below poverty and also 44-48% persons with disabilities and /or those using mobility devices will benefit form the increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and realigning improved parking lot spaces. 44 $19,800 Health Department Increased Accessibility As these citizens approach the Health Department located at 1702 Horne Road, whether via motor vehicle or public transportation, persons using mobility devices or strollers for their children will benefit from the increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and improved parking lot spaces, i.e.: former staff only parking lot is now for general public use. Locally over 21 % of the population represents individuals with disabilities, including children as young as 5 years old. 47 $20,900 Model Block Program Neighborhood Revitalization This request would support the Model Block Program Neighborhood Site #1: support the anticipated commencement of Model Block Site #2 and would be essential in the continued support of projects in the twenty-two Neighborhood Initiative Program sites that are in the CDBG Target Areas. Special projects such as neighborhood clean up campaigns, materials for "do -it- yourself' repairs, and " landlord workshops are conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts:Demolitions of substandard structures and clearance of properties are also a priority in order to eliminate slums and blight in the NIP Sites. Short term projects will include minor /major repairs for homeowners; long -term planning will be a direct benefit for aiding residents with mplementing projects. 51 $100,000 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Mortgage Services is currently servicing 850 different types of loans. 62 $58,700 -16- PROJECT$ DESCR(pTION " .�. page CI Coundl' ty Adopt A Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Model Block Program, NIP Program: Support for the CCCDC; and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections and conducting homebuyer classes. 66 $622,000 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate CDBG funds to bear the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). 69 $17,000 RTA Bus Stop Landing Pads and AccessibleRoutes In CDBG Areas - Categories 1 & 2 The project will address various bus stops that are not ADA compliant. This project will address the non compliant issues of 1) ADA ramps 2) Accessible routes & ADA compliant bus stop landing pads for bus stops. This project would begin as soon as funds are available with the first phase being design for ADA compliance of deficiencies. Ths second phase would incorporate construction of the compliant facilities. Construction dollars will be allocated to the highest priority bus stops locations first, and then proceeding down the list until funding has been exhausted. The project will be matched 20/20/60% (CDBG /RTA/City Bond 2008). 70 $100,000 Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1-4 units will be rehabilitated and 10-15 units will be reconstructed These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans (580,000), Demolition (192,900); Relocation (232,000). 105 $610,000 United States Census 2010 Census 2010 is a decennial event to record and measure the growth and socioeconomic changes that have occurred. City is participating in full association with appropriate Census 2010 staff to submit the essential information necessary to meet all requirements. City Staff is focused" on creating the necessary updates to both the census tracts and block groups, as well as, all annexed properties added within the past ten years. Staff is also participating with the 2010 Local Update of Census Address (LUCA) Project in order to verify all address are correct and assist the Census 2010 staff in that process. 118 $36,348 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gang activity in high crime neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. This request is for staff salaries for the support of the Weed and Seed Program. 119 $50,000 Zavala Senior Center Renovations This project will consist of repair to the roof of the facility and associated damage to the interior caused by leaks in the roof for the center located at 510 Osage Street. An evaluation of the foundation will also be conducted to determine the cause of the cracks in the dry wall in the hallway. 1 7 123 $25000 PROJECT, & DES I?!Pr 0( f S s i '" x .. ^..', �P. �- nT � tait �':E .. ..p .�. .. r .. (v c Page C- Atlop[' it Coastal Bend Alcohol & Drug Rehabilitation Center d /b /al Charlie's Place Install security fence, rehabilitate the parking lot and paint the exterior of the building at the new facility located at 5501 IH 37 @ McBride Lane. Agency Capital Contribution $3,000 124 $85,000 Coastal Bend Center for Independent Living Construction of home modifications/wheelchair ramps will provide 40 people with disabilities access to their homes and community, a city-wide project. 151 $100,000 Communities in Schools (CIS) The project will provide funding for Phase 1 of 3 improvements for the CIS /Gonzales Educational Enhancement Center located at 702 S. Brownlee. Phase 1 will consists of funding replacement of the deteriorated roof and installation; however, may expand scope to include additional improvements which is contingent on availability of funding. 176 $75,000 Corpus Christi Metro Ministries The project involves the demolition of the building at 1906 Leopard Street. The site will then be paved to provide parking for staff and volunteers that serve the shelters and soup kitchen. Agency Capital Contribution $5,000 363 $100,000 Del Mar College /Business Resource Center Provide for small business counseling & training assistance; assistance with job creation /retention opportunities for LMI & Section 3 persons /business. The requested increase is to provide for a Section 3 database. Section 3 is subject to HUD requirements to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. Agency Capital Contribution $1,020,919 389 $175,000 Mary McLeod Bethune Day Nursery, Inc. Remove old, rotting prefabricated Building "C" from site and build new 3,000 square feet Building "C" in place to serve low income and homeless child care located at 900 Kinney Avenue. Agency Capital Contribution $5,000 434 $75,000 Mental Health Mental Retardation Center of Nueces County Rehabilitate two buildings: Building one located at 1546 South Brownlee is proposing to replace the roof and paint. Building two for youth services located at 3733 S. Port Avenue is proposing to replace the roof. Agency Capital Contribution $5,000 458 $75,000 Neighborhood Centers of Corpus Christi, Inc. The Molina Neighborhood Center located at 614 Horne Road is in need of system upgrade and replacement of two (2) air conditioning units which are over 25 years old and two other units which already need repairs. The NC units benefits the children in child care facility. Agency Capital Contribution $5,000 484 $46,000 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and/or elderly homeowners in Corpus Christi. CDBG funds will be used for materials, a city-wide project. 509 $50,000 CDBG PROGRAM TOTAL $4,277,509 $100,000 of the approved $400,000 funding is set aside for the Northside area —18— ADOPTED FY2009 ESG PROGRAM * FY2009 ESG Allocation $149,354 if & DECRIPTION F k CityGcuncilPROJECT , Adopt, Catholic Charities of Corpus Christi Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent homelessness. 553 $12,000 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). HMIS is a HUD mandated database for those agencies receiving ESG and Continuum of Care Grant Program Funds. 567 $7,467 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. 568 $12,000 Corpus Christi Hope House Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent homelessness. 587 $12,000 Corpus Christi Metro Ministries Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent homelessness. 616 $30,000 Mary McLeod Bethune Day Nursery, Inc. Provision of essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. 640 $12,000 New Life Fellowship of Corpus Christi, Inc. Payment of maintenance operations including rent, insurance, utilities and furnishings. 660 $5,000 -19- PROJECT& DESCRIPTION ` Page City Couna% Ai oU + South Texas Substance Abuse Recovery Services, Inc. (STSARS) Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments homelessness. 671 $5,000 The ARK Assessment Center and Emergency Shelter for Youth Payment of maintenance, operations including rent, insurance, utilities and furnishings. 687 $12,000 The Salvation Army Provision of essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. 708 $20,000 Timon's Ministries Payment of maintenance operations including rent, insurance, utilities and fumishings. 728 $9,887 Wesley Community Center Payment of maintenance operations including rent, insurance, utilities and furnishings. 741 $12,000 ESG PROGRAM TOTAL $149,354 * Must participate in the Continuum of Care process -20- ADOPTED FY2009 HOME PROGRAM FY2009 HOME Allocation (ESTIMATED) Program Income TOTAL FUNDS AVAILABLE FOR FY2009 HOME PROGRAM $1,604,000 $400,000 $2,004,000 DESCRIPTION .y stS t'Y � r4 " " 1 �� •PROJECTS Page City Council deP t'i CCCtCICCHFC' Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income hcmebuyers to assist them with down payment and closing costs for the purchase of a home. 755 $270,000 Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners/investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. 756 $160,400 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. 757 $400,000 Model Block Program Neighborhood Revitalization Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) Site #2 dedicated to the purchase of land, housing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood.The MBP is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood/target area identified for potential revialtization and development. The MBP is designed to identify and address several major issues within a targeted area including; Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redeveloment (infill housing); afffordable housing development and special needs housing. 759 $100,000 Cliff Maus Village (CMV) Trust CMV Trust, a 110 -unit complex located at 1458 West Point Road for Section 8 and low income residents, is requesting for additional funding for sewer re- routes for 10 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. 772 $110,000 Costa Tarragona II Costa Tarragona II will construct a 96 -unit development located on 6.9 +1- acres in Corpus Christi, TX which is located next to Costa Tarragona I at IH37 and 358. The proposed tax credit development will be 100% affordable serving families at or below 60% of AMI or less. 791 $350,000 Nueces County Mental Health Mental Retardation Center (NCMHMR) NCMHMR located at 1642 S. Brownlee will replace roof, refurbish fascia boards and paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. 839 $31,300 TX LULAC West Park Housing, L.P. This is a request for additional funding for a 124 -unit multi- family rehabilitation tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AMI. 862 $252,300 Nueces County Community Action Agency - Single Family Mortgage Revolving Loan Fund - CHDO Provide interim construction for three homes and upon completion of the construction then convert into permanent mortgage financing for qualified households. 689 $130,000 TG 110, Inc./Samuels Place Apartments - CHDO Replacement of roof and gutter system in a 60 -unit multifarully2opmplex located at 4315 Carroll Lane benefiting a low to extremely low income property. 939 $200,000 ��� *s PROJECCV&„ $ CRtt)TP 1 �� '.page f� cltyc0109l1 Ct.OjLZr HOME PROGRAM TOTAL $2,004,000 Subrecipients/Other Entities /CHDOs are contracted thru the CCCIC or the COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS ( CHDOs) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% ($240,600) of the entitlement for use by CHDOs within a 24 -month period. This is an estimated total and based on FY09 HOME allocation. —22— MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 28, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper Mike Hummel! Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez City Staff: City Manager Angel R. Escobar Assistant City Attorney Jay Reining City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Greg Hackett with First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of April 14, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). City Secretary Chapa announced that Item 12.1. was added to consent on a supplemental agenda. City Secretary Chapa announced that Council Member Elizondo would abstain from the discussion and vote on Item 17. There were no comments from the public. Council members requested that Items 13 and 14 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2009 -113 Motion approving a service agreement with FARA Business Services, Inc. of Mandeville, LA for license and use of Auto and General Liability Database Management System, in accordance with Request for Proposal Number BI- 0095 -09, for an estimated one -year expenditure of $57,492, of which $9,582 is required for the remainder of FY2008 -2009. The term of the service agreement will be for one year with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's auto and general liability claims. Funds are budgeted in the Liability/Employee Benefit Liability Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -23- Minutes — Regular Council Meeting April 28, 2009 — Page 2 3. MOTION NO. 2009 -114 Motion approving the lease purchase of thirteen (13) mobile data systems and accessories from Datalux Corporation, of Winchester, VA, based on sole source for a total amount of $83,720. The mobile data units will be used by the Development Services Department. Financing for the mobile data units will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4. MOTION NO. 2009 -115 Motion authorizing the lease /purchase of network equipment, telephone equipment, software, installation services and training from Calence, Inc. of Corpus Christi, Texas for a Police Department network upgrade and telephone system replacement for $795,444. Financing for a 60 -month term will be provided by Key Government Finance, Inc. of Superior, Colorado. Total cost for the 60 -month term will be $878,958.60. Calence, Inc. and Key Govemment Finance, Inc. are State of Texas Department of Information Resources (DIR) recognized vendors. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 5. MOTION NO. 2009 -116 Motion authorizing re- financing of five (5) existing network equipment leases with CISCO Systems Capital Corporation with a total lease payment amount of $515,880.79 and reducing the total lease payment amount to $483,595.55 resulting in a reduction in the total lease payment amount of $32,285.24. All leases are for a 36 -month term and have various amounts remaining, depending upon the initiation date of the lease. New financing will be provided by Key Govemment Finance, Inc. (a subsidiary of CISCO Systems, Inc.) located in Superior, Colorado. Key Government Finance, Inc. is a State of Texas Department of Information Resources (DIR) recognized vendor. Lessee will be changed from the Corpus Christi Digital Community Development Corporation (CCDCDC) to the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6. RESOLUTION NO. 028131 Resolution approving the submission of a grant application in the amount of $394,454 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383,778, in -kind services of $14,019, and program income cash match of $18,698, for a total project cost of $810,949 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". —24— Minutes — Regular Council Meeting April 28, 2009 — Page 3 7.a. RESOLUTION NO. 028132 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi, Nueces County, City of Port Aransas, and City of Robstown to establish terms for the sharing of the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.b. RESOLUTION NO. 028133 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $1,132,124 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, City of Port Aransas under the established Interlocal Agreements. Grant funds will be used for the enhancement of law enforcement efforts by the four entities. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8. RESOLUTION NO. 028134 Resolution authorizing the City Manager or his designee to submit applications for and accept grants from the Federal Aviation Administration for projects at Corpus Christi International Airport in order to meet time sensitive deadlines and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 9. ORDINANCE NO. 028135 Ordinance appropriating $907,292 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $432,842 into the Airport 2000A Debt Service Fund No. 4640 and $424,450 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements and reimbursing $50,000 to the Airport Capital Reserve Fund 3020A for airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $907,292. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 10. ORDINANCE NO. 028136 Ordinance amending Ordinance No. 027996, adopted on December 16, 2008, by substituting a corrected Exhibit A, which describes the boundaries of the Reinvestment Zone Number Three, City of Corpus Christi, Texas; and providing for publication. —25— Minutes — Regular Council Meeting April 28, 2009 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. 11. RESOLUTION NO. 028137 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Nueces County relating to the participation of the City and the County in Reinvestment Zone Three, City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. 12. RESOLUTION NO. 028138 Resolution authorizing the name change of the City of Corpus Christi Health Department Animal Care and Vector Services Center to the City of Corpus Christi Health Department Tex Villarreal Animal Care and Vector Services Center, as recommended by the Animal Control Advisory Committee. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 12.1. RESOLUTION NO. 028139 Resolution authorizing the City Manager or his designee to submit to the Cancer Prevention and Research Institute of Texas (CPRIT), on behalf of the Corpus Christi - Nueces County Public Health District, as a member of the Partnership Network for Prevention and Control, a Regional Coalition, a 10 -Year, $2.25 Million, Funding Plan proposal for consideration, to provide prevention, health education and awareness programs and related services and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15. MOTION NO. 2009 -118 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Naismith Engineering, Inc, of Corpus Christi, Texas in the amount of $141,349 for design, bid and construction phase services for the Old State School Property Development, Phase 2. (Bond 2008) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 16. ORDINANCE NO. 028141 Ordinance amending Section 55- 151(a), Code of Ordinances, City of Corpus Christi, regarding the adoption of the 2009 Corpus Christi Water Conservation and Drought Contingency Plan; providing for publication. -26- Minutes — Regular Council Meeting April 28, 2009 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 17. ORDINANCE NO. 028142 Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by deleting Division 12, Small Business Advisory Committee; supporting the Corpus Christi Chamber of Commerce's Small Business Council. (First Reading 04/21/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo abstained. Mayor Garrett opened discussion on Item 13 regarding an application to KaBOOM!, a national non - profit organization for recognition as a "Playful City USA Community. Council Member Marez thanked staff for bringing this item for Council approval. Council Member Leal stated that this item was good for the children. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 028140 Resolution authorizing the City Manager or his designee to submit an application to KaBOOM!, a national nonprofit organization of Washington, D.C., for recognition as a "Playful City USA Community." The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 14 regarding Flour Bluff Drive. In response to Council Member McCutchon, Director of Engineering Services Pete Anaya stated that staff is requesting that consultants provide two bid alternates for asphalt and concrete on all of the bid work. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2009 -117 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $1,256,500 for design, bid and construction phase services for Flour Bluff Drive: (Bond 2008) * Flour Bluff Drive, Phase 1 from South Padre Island Drive (SPID) to Graham Road * Flour Bluff Drive, Phase 2 from Graham Road to Don Patricio The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 18 regarding the Regional Health Awareness Board. Assistant City Manager Margie Rose explained that this item is to amend the interlocal agreement to include language regarding funding. Ms. Rose stated that financial consideration from each goveming body would take place during the budget process. —27-- Minutes — Regular Council Meeting April 28, 2009 — Page 6 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 028143 Resolution approving the amendment of the Regional Health Awareness Board Interlocal Agreement to promote community dialogue on regional health awareness between Nueces County, the City of Corpus Christi and San Patricio County regarding performance of the scope of services. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 19 regarding the renaming of the Bayview Ballroom at the American Bank Center. City Secretary Chapa explained that this resolution is authorizing the renaming of the Bayview Ballroom at the American Bank Center, the "Henry Garrett Ballroom ", in honor of Henry Garrett, in recognition of his many years of service to the City of Corpus Christi. Council Member Marez thanked staff and the City Council for working on this issue to find an appropriate way of thanking Mr. Garrett for his years of services Mr Marez asked whether the "Henry Garrett Ballroom" was ever considered to be named the "Henry Garrett Bayview Ballroom ". City Secretary Chapa stated that the input received suggested the name "Henry Garrett Ballroom". There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 028144 Resolution authorizing the renaming of the Bayview Ballroom at the American Bank Center, the "Henry Garrett Ballroom ", in honor of Henry Garrett, in recognition of his many years of service to the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon voting "No "; Garrett was absent. Mayor Garrett referred to the Item 20 regarding an update on the "Big Spring Clean" Campaign and Adopt Downtown Cleanup Project. Director of Neighborhood Services Yvonne Haag provided an updated on the Big Spring Clean Campaign including the campaign goal and mission; the scope of work; the campaign timeline; and pictures of on -site work. Director of Public Information Kim Womack spoke regarding campaign value, effectiveness and continued efforts for public awareness. Director of Economic Development Irma Caballero provided a brief overview of the Adopt Downtown initiative including the volunteers and contributions; the activities; pictures; and continued downtown landscaping. The following topics pertaining to this item were discussed: trimming of palm trees and landscaping at Orion's Belt; changes to the brush collection schedule; additional code enforcement; public education and media involvement. Mayor Garrett referred to Item 21 regarding the Crime Control and Prevention District Quarterly Report. Chairman of the Crime Control and Prevention District Scott Kucera thanked the Council for their support and expressed his arggociation to the Police department and other Minutes — Regular Council Meeting April 28, 2009 — Page 7 departments for their work. Mr. Kucera reported that the board is going to request that the City consider funding the graffiti eradication program administration through the general fund in FY2009- 2010. Acting Chief of Police Mike Walsh referred to a powerpoint presentation including the budget for 2009 -2010; continued focus on core programs; graffiti eradication costs; assignment of officers and the budget calendar. The following topics pertaining to this item were discussed: the request for the City to consider paying for the graffiti eradication program; whether police officers are at budgeted strength; the projected revenue growth; new legislation for the Crime Control; the number of officers funded; and the effect on the budget for transferring obligations from Crime Control to the General Fund. Mayor Garrett referred to Item 22 regarding the Texas Department of Transportation (TxDOT) Annual Report. TxDOT Area Engineer Martin Horst referred to a powerpoint presentation including a background on the district; the area office; TxDOT's mission; current construction; IH37 at Carbon Plant Road project; SH358 (SPID) ramp reversal project; FM1694/FM2826 project; other construction projects; routine maintenance projects; upcoming work for construction and maintenance; routine maintenance projects; Metropolitan Planning Organization (MPO) and state stimulus work; update on the Harbor Bridge Project; changes to the TxDOTwebsite; and the project tracker program. The following topics pertaining to this item were discussed; the status of the comprehensive development agreement for 1 -69; seal coating projects; if TxDOT built Holly Road and Ennis Joslin; aggregate, seal coating, and overlay for Holly Road; status of the improvements by the MPO on County Road 52; the age of the Harbor Bridge; the estimated completion date for construction of the Harbor Bridge; whether the Harbor Bridge project is part of the legislative agenda; and plans to improve air quality. Mayor Garrett referred to Item 23 regarding the proposed Wind Energy Ordinance amendments. Interim Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including the existing ordinance summary; the effect of the proposed amendments; wind energy system use permitted "by right"; allowed uses by special use exception permit; maximum wind energy system heights; examples of structure mounted; typical small free standing units; building or structurally mounted systems; sound emissions data; and the average costs to install a wind energy system. The following topics pertaining to this item were discussed: tower heights; whether existing technology could be placed on an "R -1 B" lot for wind generation; fall radius requirements; if a vast majority of property owners could have a wind energy system if the changes are approved; vertical access wind turbines; definition of structure mounted; clearance on one -acre lots; and smaller properties qualifying for wind energy systems. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett announced that the Port of Corpus Christi and Texas A & M University System have completed an agreement for A & M to assist the Port in the redevelopment and utilizing of Naval Air Station Ingleside. Mayor Garrett called for petitions from the audience. Loren Hall, 737 Monett; Dr. Allen Herkimer, 715 S. Upper Broadway; Beto Garcia, 3629 S. Saxet; and Eddie Olivares, 4205 Dody, requested that the Council consider reinstating4igiding for the Municipal Band Park Concerts. Minutes — Regular Council Meeting April 28, 2009 — Page 8 Council Member Marez directed staff to look for funding for the Municipal Band Concerts. Douglas Schaffer, 13926 Dasmarinas, spoke regarding wind generation. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Mr. Wakefield also spoke regarding funding the municipal band. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, invited the Council to attend "Wind Storm Day" at the Capital on May 5th. Tracy Long, 419 Schatzell, spoke regarding the proposed wind energy ordinance amendments and suggested that City staff work with professionals in that field before making changes to the ordinance. David O'Connell, 4106 Castle Valley Drive, asked the Council to postpone a decision on the proposal from Leisure Horizons and allow the next administration to handle the issue. Mr. O'Connell also spoke in support of the proposal to use the Memorial Coliseum for the National Swim Center. Jerry Garcia, Southside Youth Sports Complex, spoke regarding the difference between sport leagues run by volunteers and leagues run by city employees. Ron Hamilton, 3636 S. Alameda Street, spoke regarding the Las Brisas plant. Colin Sykes, 309 Aberdeen, said he does not support Las Brisas. Abel Alonzo, 1701 Thames, asked that the public have an open mind and receive facts about the Las Brisas plant before making a decision. Mayor Garrett returned to Item 23 regarding the proposed Wind Energy Ordinance amendments. Interim Assistant City Manager of Development Services Johnny Perales returned to the presentation including a graph of typical residential power use; considerations /coordination with other agencies; map of the air installation compatibility use zones; and migration paths. The following topics pertaining to this item were discussed: the reason there is a provision that 90% of the energy produced must be on site; addressing surplus energy or accessory use; the distinction between commercial and residential use; the maximum of only one wind energy system per residence; permitted uses "by right"; return on investment; structural and roof mounted systems; addressing units that generate electricity at a reasonable costs; reduction of grid use; fall radius; wind storm ratings; sound emissions; next steps for approval; original platted lot size; the permitting process; working with the industry; and addressing smaller lots. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Garrett adjoumed the Council meeting at 1:55 p.m. on April 28, 2009. -30- 2 Requested Council Action 05/12/09 Alternate Date 05/19/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI- 0124 -09 for an estimated semi -annual expenditure of $719,387.50 of which $239,795.83 is budgeted for the remainder of FY 08 -09. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Street Services in FY 08 -09 and requested in FY 09 -10. Bay LTD. Corpus Christi, Texas $678,632.50 Primary Supplier HAC Materials, LTD Corpus Christi, Texas $40,755.00 Secondary Supplier Grand Total: $719,387.50 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** Purpose: This material is used by Street Services to repair City streets. Bid Invitation Issued: Two Bids Received: Two Previous Contract: The option to extend the current contract was not exercised due to specification changes from the using department. Price Analysis: When compared to the previous bid, pricing has decreased approximately 5 %. Award Basis: Low Bid Funding: The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. Street Department 520130- 1020 -12410 $98,814.27 520130- 1020 -12420 42,167.29 520130- 1020 -12430 98,814.27 $239,795.83 Michael Barrera Assistant Director of Financial Services -33- BID INVITATION NO.: BI- 0124 -09 HOT MIX ASPHALT - TYPE D BUYER: MARIA GARZA CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION Primary Supplier Secondary Supplier Award Total Grand Total $678,632.50 $719,387.50 The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. -34- $40,755.00 BAY LTD. CORPUS CHRISTI, TX HAC MATERIALS, LTD. CORPUS CHRISTI, TX UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE ITEM DESCRIPTION I QTY (UNIT 1. 2. HOT MIX ASPHALT - TYPE D Monday thru Friday HOT MIX ASPHALT - TYPE D Monday thru Friday 12,350 650 Ton Ton $54.95 $678,632.50 62.70 $40,755.00 Award Total Grand Total $678,632.50 $719,387.50 The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. -34- $40,755.00 3 Requested Council Date: 5/12/09 Alternate Date: 5/19/09 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, for an estimated annual expenditure of $124,920 of which $20,820 is required for the remainder of FY 2008 -2009. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Fire Department in FY08 -09. BACKGROUND: Purpose: The firefighting clothing is worn by City Firefighters for protection against fire and heat. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. — Award Basis: Funding: Only Bid The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past thirteen years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Pasadena, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. Fire Dept. 520040- 1020 -12010 Assistant Director of Financial Services $20,820.00 Total $20,820.00 —37— FIREFIGHTING CLOTHING CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION FIREFIGHTING CLOTHING BUYER: GABRIEL MALDONADO BI- 0145 -09 COUNCIL DATE: 5/12/09 Casco Industries Pasadena, Texas Item 1 Description Qty. Unit Price Extended Price Turnout Coat 2 Tumout Pant Manufacturer Total 90 90 $830.00 558.00 Globe $74,700.00 50,220.00 $124,920.00 The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past thirteen years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Pasadena, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. —38— 4 Requested Council Action: 05/12/09 Alternate Date: 05/19/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving an agreement with McGriff, Seibels & Williams, Inc. of San Antonio Texas for the purchase of Excess Liability Insurance, in accordance with Request for Proposal Number BI- 0126 -09, for a period of three years with an option to extend for up to two additional one -year periods, for a total three -year expenditure of approximately $1,125,600, of which approximately $62,533 is required for the remainder of FY 08 -09. The term of the agreement will be for three years with an option to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or his designee. Funds are budgeted in the Liability/Employee Benefit - Liability and Liability/Employee Benefits — Workers' Compensation Funds. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Award Basis: The City of Corpus Christi (City) currently self -funds primary General, Automobile, Public Officials', Employment, Law Enforcement Liability and Workers' Compensation exposures up to Texas Tort Claims Act limits. This Excess Liability Insurance provides the necessary coverage above and beyond those limits. A request for proposal was advertised and issued to thirteen insurance providers. Two proposals were received. One of which, from Wachovia Insurance Services (Wachovia) of Dallas, Texas, was deemed non - responsive as Wachovia did not propose excess workers' compensation coverage. For comparative purposes only, the following pricing and coverage amounts were submitted by Wachovia: $345,696 annual premium for $1,000,000/$2,000,000 coverage or $421,635 annual premium for $4,000,000/$8,000,000 coverage. However, the coverage excludes excess workers' compensation insurance. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Fee Schedule and Exceptions. An evaluation team comprised of representatives from the Risk Management and Purchasing Divisions reviewed the proposal and scored it according to the criteria above. McGriff, Seibels & Williams, Inc.'s proposal affords the City a 67% increase in liability limits ($5,000,000 /$10,000,000 versus the current limits of $3,000,000/$6,000,000) at an average per -annum cost that is only 10% greater than last year's premium. Their annual premium is $375,200 for $5,000,000/ $10,000,000 coverage. This represents a sound value for the City. Funding: Liability/Employee Benefit - Liability Fund 5611-40520-537035 (2 months) $31,266.50 Liability/Employee Benefits — Workers' Compensation Fund ' 5612- 40510 - 537030 (2 months) $31,266.50 Total: $62,533.00 Michael Barrera Assistant Director of Financial Services -41- CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - PAUL PIERCE Three -Year Agreement Request for Proposal No.:BI- 0126 -09 Excess Liability Insurance Summary Evaluation Matrix Maxim um Evaluation Criteria Score Technical Solution 40 Proposer's Profile & Qual. 15 Fee Schedule 40 Exceptions 5 Total Score 100 Total Three -Year Award Amount McGriff, Seibels & Williams of Texas, Inc. SAN ANTONIO, TX 38.8% 15.0% 40.0% 5.0% 98.8% -42- $1,125,600.00 SERVICE AGREEMENT No.: SA09 -065 THIS EXCESS LIABILITY INSURANCE CONTRACT (this "Agreement ") is entered into by and between McGriff, Seibels & Williams, Inc. (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide EXCESS LIABILITY INSURANCE in response to Request for Proposal No. BI- 0126 -09, which is incorporated by reference and attached hereto as Exhibit A; WHEREAS the City has determined Contractor to be the most advantageous Proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide the EXCESS LIABILITY INSURANCE in accordance with Request for Proposal No. BI- 0126 -09, which is incorporated by reference and attached hereto as Exhibit A. Contractor shall provide the required coverage for the City. The coverage limit is $5,000,000 per occurrence / $10,000,000 annual aggregate with a retention level of $500,000 SIR and a $350,000 SIR for Excess Workers' Compensation — Employers Liability insurance. The City's Risk Manager is designated as the Contract Administrator responsible for all phases of performance, including authorizations for payment. All notices or communications regarding this Agreement must be directed to the Contract Administrator. 2. Fee for Services. The City agrees to pay the Contractor $375,200 for the first year. The premium for each of the second and third years shall be determined by applying the same rate used to calculate the premium for the first year and shall be applied to the City's total payroll for each subsequent policy period. 3. Term. This Agreement is for three years, commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager ".) 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 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 agent, servant, or employee of Contractor be considered as an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages —43— to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. 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. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0126 -09 which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City 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, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's bid offer to Request for Proposal No. BI- 0126 -09 waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of 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 by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0126 -09. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. —44— 6 Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 -hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence policy. 17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention. Risk Manager, 2"d Floor P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361- 882 -7320 IF TO CONTRACTOR. Contractor Name: McGriff, Seibels & Williams Inc Contact Person: Johnny Fontenot Address: 404 E. Ramsey #108 City, State, Zip: San Antonio TX 78216 Fax No.: 210 - 695 -8583 18. Month -to -Month Extension. If the City has not completed the bidding process and awarded a new EXCESS LIABILITY INSURANCE contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month -to -month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 19. Indemnification. CONTRACTOR AGREES TO 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 CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH —45— 7 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 SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 20. Severability. Each provision of the Agreement shall be considered to be 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. SIGNED this 10th day of March , 20 09 . tor: M , riff, Seibels & Williams, Inc. gnatur ame: Johnny Fontenot Title: Senior Vice President CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS " , DAY OF 20 bI• . MARY K. FISHER, CITY ATTORNEY By: im ,v Veronica Ocarias, Assistant City Attorney Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0126 -09 Exhibit B: Proposer's proposal —46— 8 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/12/2009 AGENDA ITEM: Ordinance appropriating $24,114.18 in Fund 1020 General Fund from the sale of lost, stolen, or recovered property sold on Property Room.com that was declared as abandoned property and can be disposed of in accordance with Texas Code of Criminal Procedure and City Code, to pay for unbudgeted improvements to the Police Property Room, the Police building, and lease of space for a supplemental Police Property Room; amending the FY 2008 -2009 operating budget adopted by Ordinance No. 027776 to increase revenue and appropriations by $24,114.18 each, and declaring an emergency. ISSUE: Lost, found, stolen, and /or recovered property is sold on Property Room.com after the proper legal procedures have been met to sell the property. BACKGROUND INFORMATION: Items of evidence or found property can be declared as abandoned property when either the evidence no longer holds evidentiary value and the case has been closed and adjudicated, or when the owner of an item of found property can neither be determined nor located. Once the item has been declared as abandoned property it can be disposed of in accordance with Code Of Criminal Procedure and City Code. Chapter 18 of the Texas Code Of Criminal Procedure, Section 18.17 authorizes the purchasing agent of a municipality to sell abandoned or unclaimed property. Section 18.17 mirrors the same authority. The abandoned property is picked up by Property Room .Com on a monthly or weekly basis and stored at their facility while they are being processed for Internet auction. The city receives checks on a monthly basis. The Police Department will use the funds for unbudgeted improvements to the Police Property Room, the Police building, and lease of space for a supplemental Police Property Room. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation. Attachments: Deposit Slips -49- M. Walsh Acting Chief of Police 92192 CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed J app pr,l f '!^'tsttN ..:_...� �...1 � i ;r. l rnarP �/ I / V / Ext: (9(013 Bank Bag #: 7 /o�0 / uepI: • — -- rrepucwncvic..c....J..M..., N-- .. - -- . J , * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT - BUDGET YEAR. AMOUNT REMARKS Pripatrifri ! /QinI .bwil v;alec rtn}1Sppty 1? u hJi:zc Nt. s u✓. 9q c9 �cl J C �C Js- 93 30372a Saaofio :3oiz V-wF ' s is &0 ►oho I q _lox to ___- - 90Jo 11130 1)790 BID 11712 Eel -03 ek!-05 as -09 2Q-99 61 ante fl9 jij q t _41 _I10_ PP __c_ii_ D q( .73 _Laa_IQ se qg I}ag_0a . c ii i.i CASH VERIFICATION COUNT CURRENCY $IOOs $ 50s $ 20s $ lOs $ 55 $ Is COIN . $0.50 $0.25 50.10 50.05 50.01 AMOUNT 1?. 2 a CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * It you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. It you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY ncn.A AMCTIT PIT n rnav —50— $ /1 aoo. to $ l Lao . OO $ do $ 5 . W. $ $►3 5. CO $ JAS_. sli,va41.L $ 1 to,atit . 82 Cis 30(02Z-1026- 1 i 7 5 d • _ I PROPERTY ICOM.COM 26421 CROWN VALLEY PARKWAY SUITE 200 MISSION VIEJO, CA 92691 � PACIFIC '1 I BANK MERCANTILE 31601 AVENIDA LOS CERRITOS #100 SAN JUAN CAPISTRANO, CA 92675 90- 4286/1222 35384 March 16, 2009 PAY TO THE 1362 - Corpus Christi Police Department ORDER OF - 4 ** *.7.361.05 Seven thousand three hundred sixty -one. and 05 / 100 Dollars MEMO VENDOR: REMIT TO: 1362 - Corpus Christi Police Department 1002 E. Port Ave Corpus Christi, TX 78401 USA DOLLARS "035384" ':1222428691: 00 2 10 2 556" PROPERTY ROOM A000001362 362 - Corpus Christi Police Department CHECK: 0000035384 COMMENT: 35384 DATE: 3/16/2009 NVt)1( 1 A11 Ai)1 t 111 R tla\I IIN1 ■ISCI 1 NIT: A,NOt INT 03/09/2009 2/3/2009 0000220614 03/09/2009 2/4/2009 0000220738 03/09/2009 2/5/2009 0000220843 03/09/2009 2/6/2009 0000220971 03/09/2009 2/9/2009 0000221108 03/09/2009 2/11/2009 0000221383 03/09/2009 2/12/2009 0000221502 03/09/2009 2/13/2009 0000221617 03/09/2009 2/16/2009 0000221772 03/09/2009 2/16/2009 0000221773 Agency payment Agency payment Agency payment Agency payment Agency payment Agency payment Agency payment Agency payment Agency payment Agency payment 229.31 72.93 74.32 137.71 72.64 324.54 2.82 63.63 82.15 57.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 229.31 72.93 74.32 137.71 72.64 324.54 2.82 63.63 82.15 57,02 Refer to remittance detail report for further detail Please call 866 - 799 -3551 or email clientservices @propertyroom.com with questions regarding this monthly revenue check -51- PROPERTY Ik0,0M.COM 26421 CROWN VALLEY PARKWAY SUITE 200 MISSION VIEJO, CA 92691 PACIFIC 1 _Iii NA IC L.E SAN JUAN CAPIS RANO,ICA 92675 BANK .90-4288/1222 PAY TO THE - 1362 - Corpus Christi Police Deparnnent -- ORDER OF Seven thousand ane hundred thirty tive and 16 / 00 Dollars - -. February 16.2009'.. 7.135.36 1362 - Corpus Christi Police Department 1002 E. Port Ave Corpus Christi, TX 78401 MEMO -JH! ••011ME11T=. •. AIMS MEAT SON 11'03482311' ':L2 2 24 28691: 00 2 10 2556u' PROPERTY ROOM VENDOR: A000001362 REMIT TO: 1362 - Corpus Christi Police Department CHECK: 0000034823 COMMENT: DOLLARS 34823 DATE: 2'16/2009 6 IN Vol( F DATP. V )1 t TIER CO;AINIEN1 ,AMOUNT DISC( UN I NET AMOUNT 02/09/2009 02/09/2009 02/09/2009 02/09/2009 02/09/2009 02/092009 02/09/2009 02/09/2009 02/09/2009 02/09/2009 1/19/2009 .0000218482 1/20/2009 0000218629 1/21/2009 0000218761 1/22/2009 0000218896 1.23;2009 0000219044 1/2612009 0000219197 1/27;2009 0000219359 1/28/2009 0000219504 1/29/2009 0000219619 1/30/2009 0000219757 Agency payment Agency payment Agency payment Agency payment ARenci pal mcnl Agency - payment Agency payment Agency payment Agency payment Agency payment? 2.73 290.54 471.42 889.73 742.80 1.367.46 951.28 898.55 1.120.42 412.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 2.73 290.54 471.42 889.73 742.8(1 1.367.46 951.28 898.55 1.120.42" 412.83 Please call 866- 799 -3551 or email clientsenices@propertyroom.com propertyroom.com -52- to remittance detail report For further detail ith ques ions regarding this monthly revenue check CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed rack Dept ACIPrepared/Reviewed bv: Lek I la. Date: 92195 �Ext: (96)13 Bank Bag #: 1/S5 7;72-> * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS 99 3 (�( 9-I X19 J0l:7_2z. ,....317:B9 5&`'o .):c 8D 5�qo LOQQ /Pip LW fl D lox) 11750 117tD -11790 11100 11790 20 -t I 2t)-O5 Valli AO_ OD - j f nl _ _ _1000 go.CP P Ab i ABM ica 4463 attinsfez4s Tha 93 2 -cq CASH VERIFICATION COUNT CURRENCY $100s $ 50s $ 20s $ 1 O $ 55 $ Is AMOUNT COIN $0.50 $ $0.25 $ $o. t 0 $ $0.05 $ $0.01 $ CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (Le., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY GREEN — PERMANENT FILE COPY O.a:..A t t /n V00 —53— 06/97 COMBINED FUNDS - DEPOSIT TICKET I Entered by/Date: Reviewed by/Date: CITY OF CORPUS CHRISTI • LIC,r'Y�i P.O.BOX 9277 DEPARTMENT: CORPUS CHRISTI, TX 78469 -9277 Deposit Ticket Date 9 ]al 09 Frost National Bank Prepared By Receipt #/ Check# Acct. Fund Org. No. Prj. /Gd• Ext a(e!3 Amount CHECKS AND OTHER ITEMS ARE RECEIVED FOR DEPOSIT SUB ECTTO THE TERMS AND CONDITIONS OF THIS FINANCIAL INSTITUTION'S AGREEMENT. "8 2568311' l: L 140000.931: 66 40 L 2 79811' 825683 CURRENCY COIN 1�F1 IpD 20 -54- PROPERTY Rg M.WM PAY TO THE ORDER OF 26421 CROWN VALLEY PARKWAY SUITE 200 MISSION VIEJO, CA 92691 1362 - Corpus Christi Police Department 11 I PACIFIC it MERCANTILE r BANK 31601 AVENIDA LOS CERRITOS 4100 SAN JUAN CAPISTRANO, CA 92675 90-4256/1222 Nine thousand six hundred seventeen and. 77 / 100 Dollars 36043 April 15, 2009- ""9,617.77 1362 - Corpus Christi Police Department 1002 E. Port Ave Corpus Christi, TX 78401 USA MEMO DOLLARS VENDOR: REMIT TO: IN \ I ()WI 11'03604311' 1:i2 2 24 28691: 00210255611' PROPERTY ROOM A000001362 1362 - Corpus Christi Police Department DA I1: AIq Cill =R (_ 11 NI 04/09/2009. 1/2/2009 04/09/2009 1/2/2009 04/09/2009 1 /3/2009 04/09/2009 1/3/2009 04/09/2009 1/4/2009 04/09/2009 1 /4/2009 04/09/2009 '6/2009 04/09/2009 1 /6/2009 04/09/2009 1 /9/2009 04/09/2009 1/9/2009 0000224087 Agency payment 0000224088 Agency payment 0000224236 Agency payment 0000224237 Agency payment 0000224373 Agency payment 0000224374 Agency payment 0000224504 Agency payment 0000224649 Agency payment 0000224843 Agency payment 0000224864 Agency payment CHECK: 0000036043 COMMENT: DATE: V A l 1 1 I . MI. I `;I 137.88 976.36 27.39 137.68 15.78 95.72 84.57 35.23 3.22 128.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36043 4/15/2009 137.88 976.36 27.39 137.68 15.78 95.72 84.57 35.23 3.22 128.13 Refer to remittance detail report for further detail Please call 866- 799 -3551 or email clientservices @propertyroom.com with questions regarding this monthly revenue check -55- ORDINANCE APPROPRIATING $24,114.18 IN FUND 1020 GENERAL FUND FROM THE SALE OF LOST, STOLEN, OR RECOVERED PROPERTY SOLD ON PROPERTY ROOM.COM THAT WAS DECLARED AS ABANDONED PROPERTY AND CAN BE DISPOSED OF IN ACCORDANCE WITH TEXAS CODE OF CRIMINAL PROCEDURE AND CITY CODE, TO PAY FOR UNBUDGETED IMPROVEMENTS TO THE POLICE PROPERTY ROOM, THE POLICE BUILDING, AND LEASE OF SPACE FOR A SUPPLEMENTAL POLICE PROPERTY ROOM; AMENDING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE REVENUE AND APPROPRIATIONS BY $24,114.18 EACH, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $24,114.18 in Fund 1020 General Fund from the sale of lost, stolen, or recovered property sold on Property Room.com that was declared as abandoned property and can be disposed of in accordance with Texas Code of Criminal Procedure and City Code, to pay for unbudgeted improvements to the Police Property Room, the Police Building, and lease of space for a supplemental Police Property Room; amending the FY 2008 -2009 operating budget adopted by Ordinance No. 027776 to increase revenue and appropriations by $24,114.18 each, and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form Mav 4, 2009 T. Yrisha -Bang Assistant City Attomey —56— For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —57— 6 AGENDA MEMORANDUM City Council Action Date: Ma v 12. 2009 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Health District is in receipt of Contract #2009 - 031077, with the Department of State Health Services (DSHS). The Health District in collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an educational diabetes program for diabetics as well as individuals and family members at risk for diabetes. This project addresses two unmet needs in this area: 1.) lack of "prevention" education programs and 2.) Increased capacity of existing programs for persons /families with diabetes. These grant funds will be used for personnel costs, fringe benefits, travel, supplies, and contractual costs. The grant period is from March 30, 2009 to March 29, 2010. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY08 -09. FUNDING: There is no match funding required by the city. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for a family focused community diabetes service project. —61— odriguez, M. Acting Director of Public Health BACKGROUND INFORMATION This is a renewal grant that has been provided to the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. No matching funds are required. The grant provides for one full time program coordinator and a part-time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. —62— RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or his designee is authorized to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 30, 2009 Henry Garrett Mayor eborah Walther Brow Assistant City Attorney for the City Attorney DWBDiabetesRes.09 -63- Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon flUUAT; ohatreRac n9 -64- ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. SECTION 1. A grant of $80,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 30, 2009 eborah Waither Br Assistant City Attorney for the City Attorney -65- DWBDiabetesOrd.09 Henry Garrett Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon nuTnn;nharecnr`i 119 -66- 7 AGENDA MEMORANDUM City Council Action Date: Mav 12, 2009 AGENDA ITEM: Item A: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT AMENDMENT, TOTALING $8424, FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, WITH THE CHANGES AS FOLLOWS: AN INCREASE IN THE REIMBURSEMENT RATE TO $11.81 PER PARTICIPANT SERVED, RESULTING IN AN ADDITIONAL $8,424 IN PROGRAM INCOME; AND TO EXECUTE ALL RELATED DOCUMENTS. Item 8: ORDINANCE APPROPRIATING A GRANT AMENDMENT, TOTALING $8424, FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM AS FOLLOWS: $8,424 IN PROGRAM INCOME DUE TO A CHANGE IN THE REIMBURSEMENT RATE PER PARTICIPANT SERVED; AND DECLARING AN EMERGENCY. ISSUE: The Bureau of Clinical and Nutrition Services, Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to low income pregnant and postpartum women, infants, and children (WIC). Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). This is based on a revised reimbursement rate of $11.81 for each participant from April 1, 2009 through September 30, 2009. This is a non competitive grant with neutral budget impact. REQUIRED COUNCIL ACTION: Acceptance of the amendment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for FY08 -09. FUNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and appropriate funding for WIC services. —69— Annette Rodriguez, MP I-19 f Interim Director of Health BACKGROUND INFORMATION The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that is successful in improving 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 continues the current contract with the Department of State Health Services (DSHS) to provide services to low income women, infants, and children with additional funding. The contract is from 10/01/08 through 09/30/09. The main goal of the WIC program is to educate mothers about proper nutrition for their babies and young children. The WIC division serves an average of 5,400 WIC clients per month. —70— DEPARTMENT OF STATE HEALTH SERVICES Amendment To 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 # 2009 - 030102 (Contract) in accordance with this Amendment No. 001A: NSS -WIC LOCAL AGENCY - NOIMM, effective 04/01/2009 . The purpose of this Amendment is to increase the administrative rate due to WIC implementing new food rules beginning October 1, 2009. Agencies will be mandated to conduct additional counseling in fiscal year 2009, to explain changes and train clients about foods never before allowed like fruits and vegetables. Therefore, DSHS and Contractor agree as follows: It is mutually agreed by and between the contracting parties to amend the terms and conditions of Document No. 2009 - 030102 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. Change Program Attachment No. as follows: PROGRAM ATTACHMENT NO. 001- NIA SECTION VIII. SPECIAL PROVISIONS, General Provisions, Payment Methods and Restrictions Article, Section 4.01, Payment Methods, PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT paragraph, is revised as follows: During the term of the contract Attachment, Contractor shall earn administrative funds at the rate of $11.55 $11.81 for each participant served as defined above. -71— Page - 1 of 2 Department of State Health Services Contractor Signature of Authorized Official Signature of Authorized Official Date: Date: Bob Burnette, C.P.M., cfPM Name: Director, Client Services Contracting Unit Title: Address: 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Phone: Bob.Burnette @dshs.state.tx.us Email: Pave! ?of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT AMENDMENT, TOTALING $8424, FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, WITH CHANGES AS FOLLOWS: AN INCREASE IN THE REIMBURSEMENT RATE TO $11.81 PER PARTICIPANT SERVED, RESULTING IN AN ADDITIONAL $8424 IN PROGRAM INCOME; AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant amendment, totaling $8424, from the Texas Department of State Health Services for the Women, Infants, and Children Program, with changes as follows: an increase in the reimbursement rate to $11.81 per participant served, resulting in an additional $8424 in program income; and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 23, 2009 Henry Garrett Mayor eborah Walther Bro Assistant City Attorney for the City Attorney H: \LEG -DI R \Shared \DEBORAH W B \HEALTHI)$$T\RES -ORD \D W BRes W ICAmdt.09.doc Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG -DIR\ Shared \DEBORAHWB \HEALTH DaTR CES- ORD \DWBResWICAmdt.09.doc AN ORDINANCE APPROPRIATING A GRANT AMENDMENT, TOTALING $8424, FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM AS FOLLOWS: $8424 IN PROGRAM INCOME DUE TO A CHANGE IN THE REIMBURSEMENT RATE PER PARTICIPANT SERVED; AND DECLARING AN EMERGENCY. SECTION 1: A grant amendment, totaling $8424, from the Texas Department of State Health Services, is appropriated in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program as follows: $8424 in program income due to a change in the reimbursement rate per participant served. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 22, 2009 Deborah Walther Brow Assistant City Attorney for the City Attorney -75- Henry Garrett Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -76- 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Ma v 12.2009 AGENDA ITEM: Ordinance appropriating $2,834 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission grant fund for the 2009 Festival of the Arts; and declaring an emergency. ISSUE: The City of Corpus Christi, Arts & Cultural Commission received a grant from the Texas Commission on the Arts in support of the 2009 Festival of the Arts, a three day weekend event held at the Art Center of Corpus Christi on March 27th 28th 29th The funds used to match the grant will be from the FY 08 -09 Arts and Cultural Commission budget. REQUIRED COUNCIL ACTION: Authorization to appropriate $2,834 received from the Texas Commission on the Arts in support of the 2009 Festival of the Arts. PREVIOUS COUNCIL ACTION: Resolution No. 027612 authorizing the City Manager or his designee to submit a grant application to the Texas Commission for the Arts for a $10,000 grant to support the 2009 Festival of the Arts was passed and approved by City Council on March 25, 2008. CONCLUSION AND RECOMMENDATION: The City of Corpus Christi, Arts and Cultural Commission approved the request for the application and is in the concluding phase for the event using Council approved. funding. ATTACHMENTS: Background TCA Grant Contract —79— ' �d4 Sally Gay , Director Parks an Recreation Department Background Information The Arts & Cultural Commission received a grant from the Texas Commission on the Arts in support of the 2009 Festival of the Arts a free, 3 -day weekend event held at the Art Center of Corpus Christi on March 27th, 28th', 29th. The funds used to match the grant will be from the FY 08 -09 Arts and Cultural Commission budget. This FREE 3 day event included Italian Street Painting by returning internationally recognized artists, Julie Kirk and Melanie Stimmell. This years' festival included artistic and cultural individuals that provided an exciting array of talent in performances and visual art exhibits, demonstrations, vending, and an art-full KidZone. —80-- #09 -30613 TS COMMISSION ON THE AR? DEC 01 1088 RECEIVED CONTRACT FOR SERVICES BETWEEN TEXAS COMMISSION ON THE ARTS AND CITY OF CORPUS CHRISTI ARTS AND CULTURAL COMMISSION STATE OF TEXAS 0 COUNTY OF TRAVIS 0 SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Commission on the Arts, an agency of the State of Texas, hereinafter referred to as "the Commission" and, City of Corpus Christi Arts and Cultural Commission hereinafter referred to as "Service Provider." SECTION 2. CONTRACT PERIOD The period for performance of this contract shall commence 9/1/2008 and shall terminate 4/30/2009. SECTION 3. SERVICES -- The Service Provider shall, during the period of this 'contract, provide the services, activities, and performances in accordance with Attachment A, which is attached hereto and made a part of this contract for all purposes as if set forth in full herein. SECTION 4. GRANT AWARD In consideration of the Service Providers full and satisfactory performance of the obligations specified in this contract and subject to the conditions stated under "Obligations of the Commission" and the "Matching Share" requirement detailed in the Terms and Conditions, the Commission shall pay to the Service Provider an amount not to exceed $2,834.00. All funds provided by the Commission must be expended within the contract period specified in Section 2. SECTION 5. EVALUATION REPORT The Service Provider shall submit to the Commission not later than 5/31/2009 a properly completed Evaluation Report Form (ERF). SECTION 6. AMENDMENTS AND CHANGES This contract is the entire agreement of the parties. Any changes, deletions, extensions, or amendments to this contract shall be in writing and signed by both parties prior to the ending date of this contract as specified in Section 2. Any other attempted changes including oral modifications, written notices not signed by both parties, or other modifications of any type shall be invalid. -81- 33/1/2009 TEXAS COMMISSION ON THE ARTS CONTRACT FOR SERVICES #09 -30613 SECTION 7. MUTUAL OBLIGATIONS. The parties hereto have severally and collectively agreed, and by the execution of this contract are bound to the mutual obligations and to the performances and accomplishment of the tasks described herein, including the Terms and Conditions which are attached hereto and made a part of this contract. SECTION 8. NON - PAYMENT OF CHILD SUPPORT "Under Section 23].006, Family Code, the vendor or applicant certifies that the individual or business entity named in the contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." If the contractor or owner of a 25 percent or greater interest in the contractor is more than 30 days in arrears in the payment of an obligation to pay child support, the contractor may not receive payments under the contract and the contract may be cancelled. By signing this contract, you are certifying that you are in compliance with the above provision. The dispute resolution process provided for in chapter 2260 of the Texas Government Code must be used by the Texas Commission on the Arts and "CONTRACTOR" to attempt to resolve all disputes arising under this contract. The terms of this contract are accepted by the parties. Persons signing are expressly authorized to obligate the parties to the terms of this contract. SERVICE PROVIDER l Signature of Authorized fficial TEXAS COMMISSION ON THE ARTS Mary Lopez, Chief ncial Officer Ram- NI. &M rlCa 121( /0S Printed or Typed Name Date Att;f't' Dine etv r' n /25f 05 Date Sally Gavlik City of Corpus Christi Arts and Cultural Commission 1581 N Chaparral Corpus Christi, TX 78401 —82— Page 1 of 1 AN ORDINANCE APPROPRIATING $2,834 GRANT FROM THE TEXAS COMMISSION ON THE ARTS IN THE NO. 1067 ARTS AND CULTURAL COMMISSION GRANT FUND FOR THE 2009 FESTIVAL OF THE ARTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,834 grant from the Texas Commission on the Arts is appropriated in the No. 1067 Arts and Cultural Commission Grant Fund for the 2009 Festival of the Arts. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of May, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: l ?1 tLu,, 2009 Bv: o2�•t4 -i. �� Lisa Agui Assistant City Attorney For City Attorney H:1LEG- DIR\Lisa12009 Ordinance1ORD- Approp- FestivalofArts2§0g.dOc Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —84— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: Ordinance authorizing the City Manager or designee, to execute an amendment to the Marina Slip Rental contract with Yachting Center of Corpus Christi, LLC, to allow sale of on premises alcoholic beverages. ISSUE: The current lease does not allow for the sale of alcohol beverages. This amendment would allow for alcohol beverages to be sold on site. REQUIRED COUNCIL ACTION: City Council's action is required for amendments. PREVIOUS COUNCIL ACTION: Council approved the Yachting Center contract on October 31, 2006. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Attachment: Background —87— Sally Gav Parks an Director ecreation Department BACKGROUND INFORMATION The Sailing School was floated into place in April 2009. The school operates sailing and kayak classes and sells kayaks. The sailing school created an outside deck area where school participants and guests can sit and enjoy the sites of the Marina. The deck is large enough to be used for food and beverage services. The leaseholder would like to be able to serve alcoholic beverages. The deck area is large enough to be used as an outdoor event area. The current lease does not allow for alcoholic beverage sales anywhere on the lease site. In order for the lessee to secure a Texas Alcoholic Beverage Commission (TABC) license, the current Sailing School Lease must be amended to allow for on -site alcohol sales and consumption. The leaseholder does not support drinking and sailing but would like to offer the service to those individuals who have completed their sail and /or who are sightseeing on the Marina. —88— AN ORDINANCE Page 1 of 1 AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE MARINA SLIP RENTAL CONTRACT WITH YACHTING CENTER OF CORPUS CHRISTI, LLC, TO ALLOW SALE OF ON- PREMISES ALCOHOLIC BEVERAGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS .CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to amend the Marina Slip Rental Agreement with Yachting Center of Corpus Christi, LLC to allow sale of alcoholic beverages on premises. A copy of the Amendment is on file with the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: 7h.otif 1, aoo By: o°�c °'�"" Pe,e Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor H: \LEG- DIR \Lisa\2009 Ordinance■mend Yachting Center of Corpus Christi.doc Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —90— AMENDMENT TO YACHTING CENTER OF CORPUS CHRISTI, LLC MARINA SLIP RENTAL CONTRACT THIS Amendment to the Marina Slip Rental Contract is made and entered into this day of May, 2009, by the CITY OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and Yachting Center of Corpus Christi, LLC , hereinafter referred to as "Yachting Center" Whereas, the parties previously entered into Agreement approved by City Council on December 9, 2008, under Ordinance No. 027969 which authorized Marina Slip Rental for fourteen years, six months term; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Exhibit A, Section 3 of the Agreement is hereby amended to allow the sale of alcoholic beverages to the public for on- premises consumption, subject to compliance with applicable state and local regulations. 2) The insurance exhibit is replaced with the attached exhibit. 3) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Agreement, to be effective sixty -one days after final approval by City Council. EXECUTED IN DUPLICATE ORIGINALS this day of , 2009, by the authorized representative of the parties. ATTEST: City of Corpus Christi, Texas Armando Chapa `Angel R. Escobar City Secretary City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 2009: Lisa Aguilar Assistant City Attorney For the City Attorney Yachting Center of Corpus Christi, LLC By: Name: Title: Date: —91— INSURANCE REQUIREMENTS YACHTING CENTER OF CORPUS CHRISTI, LLC'S LIABILITY INSURANCE A. Yachting Center of Corpus Christi, LLC must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Yachting Center of Corpus Christi, LLC must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Yachting Center of Corpus Christi, LLC must fumish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non- renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate limit Ocean Marine Coverage 1. Marine Owners Liability coverage 2. Premises Liability — Broad Form General Liability 3. Products/ Completed Operations 4. Contractual Liability 5. Personal Injury & Advertising Injury 6. Fire Legal Liability $1,000,000 per occurrence form $250,000 Damage to Premises rented to you $5,000 Medical Payments Commercial Property Legal Liability coverage to include value of leased area Ordinance or Law Coverage Time Element — Leasehold Interest Lessee is responsible for their own insurable interes' their property $250,000 Liquor Liability $1,000,000 Inland Marine / Builders Risk In amount of value of the floating barge Protection & Indemnity (P & I) Improvements and Betterments (as per Exhibit A) $1,000,000 (When applicable) Environmental Impairment Liability — Broad form pollution liability coverage $1,000,000 Business Auto Liability to include Hired and Non -owned Auto Liability $1,000,000 C. In the event of accidents of any kind, Yachting Center of Corpus Christi, LLC must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. —92— II. ADDITIONAL REQUIREMENTS A. If applicable, as stated in Section I -B, Table, Yachting Center of Corpus Christi, LLC must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Yachting Center of Corpus Christi, LLC will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessee's right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Bests rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the Ocean Marine Coverage and Business Auto Liability coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; —93— • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage; Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. NOTE: The limits and types of coverages are subject to adjustment if upon review of permit application, it is determined that the activity under this permit requires increased Levels and types of coverages. 2009 Revised Yachting Center CC, LLC. ins. req. 4 -15 -09 ep Risk Mgmt —94— 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute an agreement with the Art Museum of South Texas for placement of Kent Ullberg sculpture at Watergarden area for term of 5 years; and declaring an emergency. ISSUE: The sculpture is fully funded, including the cost of its installation, by five patrons of the Art Museum of South Texas. An appropriate bronze plaque will be produced and placed near the sculpture to give more specific information about the piece of art. Installation will be supervised by Kent Ullberg personally and museum staff. It will be a permanent collection of the Art Museum and the cost of care and conversation will be the obligation of the Museum. The Arts and Cultural Commission and the Parks and Recreation Advisory Committee have approved this request. REQUIRED COUNCIL ACTION: The City Council is requested to approve the sculpture to be installed in the Watergarden area. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of this request. Sally Ga Parks an Director Recreation Attachments: Fact Sheet and Map Photo of Sculpture Minutes from Arts and Cultural Commission —97— ART MUSEUM OF SOUTH. TEXAS 1902 N. Shoreline Blvd, Corpus Christi, TX FACT SHEET KENT ULLBERG AMERICAN BISON SCULPTURE ARTIST: Kent Ullberg, American (1945 - ) TITLE: Bison Bull MEDIA: Bronze (With Patina, Cast 2008) SIZE: 1 1/3 life size. PLACEMENT: WaterGardenArea ACCESSION NUMBER: 2007.35P LOCATION DETAIL: See Map (Midway between the Art Museum of South Texas and Corpus Christi Museum of Science and History, near the northwest radius sidewalk from the WaterGarden that connects into the Art Museum parking lot) OTHER INFORMATION: Kent Ullberg is a Corpus Christi resident and an internationally recognized wildlife artist who has monumental sculptures installed throughout the United States and around the world. He also has a bronze - triptych .sculpture installed inside the Art Museum. The Sculpture is fully funded, Including the cost of its Installation, by five patrons of the Art Museum of South Texas. An appropriate bronze plaque will be produced and placed near the sculpture to give specific information about the work of art. Installation will be supervised by Kent Ullberg personally and Museum staff (date to be determined). It will be a part of the permanent collection of the Art Museum and consequently the cost of care and conservation will be the obligation of the Museum. Consultation and agreement on the placement of the sculpture was made with Kent Ullberg (the artist), Joe Schenk (Director of the Art Museum of South Texas), a sub - committee of the Collections Committee of the Art Museum, Rick Stryker (Director of the Corpus Christi Museum of Science and History), Chris Semtner (Superintendent ;of Cultural Services Division, Parks & Recreation Department, City of Corpus Christi), and Salty Gavlik (Director of Parks & Recreation Department, City of Corpus Christi). —98— -99- -100- ARTS & CULTURAL COMMISSION Regular Meeting, March 12, 2009, 4:30 p.m. Sixth Floor Conference Room, City Hall, 1201 Leopard Street, Corpus Christi, Texas MEMBERS 1. Berlanga, David 2. Bissell, Paul 3. Bilaye - Benibo, Gloria 4. Crayon, Teresa 5. Vacant 6. Garza, Amorette 7. Hilliard, Joe 8. Hovda, Heidi 9. Kemm, Ericha LMEMBERS ❑ 10. Jones, Lynda ❑ , 11. LaBarrett, Joye 12. Pena, Joe 13. Vacant 14. Prewitt, Judith 15. Schenk, Joe 16. Trimble, Frank 17. Young, Lari Total: LP El 13 STAFF Wes Vardeman ❑ Karen Dawson ❑ Michele Thomas 0 ❑ 1 2 CALL TO ORDER - The Regular Meeting of the Arts and Cultural Commission was called to order at 4:41 pm by Chair, Lynda Jones. II. ROLL CALL - The recording secretary called roll, announced quorum. III. PUBLIC COMMENT a. Joe Hilliard — Quality of Life Candidates Forum on March 18th beginning 5:30pm at Harbor Playhouse. b. Teresa Crayon — Chamber of Commerce Mixer on March 19th at Art Center from 5:30pm- 7:30pm. Will have a Festival of the Arts table. c. Michele Thomas — Superintendent over Heritage Park. There have been some concerns about email and prodicals with city staff. Sally Gavlik is very passionate about this commission. If she had more time, she would attend the ACC meetings. She does not have the time to look at everything that all commissions send to her. i. Email Wes and if he approves, he will send to Michele to review. If Michele feels like SaHy needs to review, she will send to Sally. d. Cella Boyd, Executive Director for the AATAC Fine Arts Enrichment Learning Center, Inc. — wanted to introduce herself and her new non - profit organization. They are just starting out. IV. ACT ON ABSENCES a. Gloria Bilaye - Benibo missed the February meeting because she had an MRI. b. Joe Pena missed the February meeting because he had jury duty. c. Teresa Crayon missed the February meeting because she was out of town on business. d. David Berlanga missed the February meeting because he was out of town. i. Joe Hilliard made a motion to excuse Gloria Bilaye - Benibo, Joe Pena, Teresa Crayon & David Berlanga's February absences. Joye LaBarrett seconded. Motion passed. V. APPROVAL OF MINUTES a. Regular Meeting, February 12, 2009 i. Need to add Michele Thomas in attendance for the February 12th meeting. 1. Joe Schenk made a motion to accept the February 12th meeting minutes with correction to add Michele Thomas as Staff in attendance. Joe Hilliard seconded. Motion passed. b. Special Called Meeting, February 19, 2009 i. Joe Schenk believes that the sentence "It was decided to budget paying Jimmy Pena from FOA for now and discuss after the Festival of the Arts if more funds are needed" needs to be taken out of the minutes since the subject was tabled until after the Festival of the Arts. 1. Frank Trimble made a motion to accept the February 19th meeting minutes with correction to take out sentence. Ericha Kemm seconded. Motion passed. VI. COMMITTEE REPORTS a. Performing Arts -Joye LaBarrett i. Information was in the Utility bill regarding the Festival of the Arts H. Channel 20 has been running PSA every 2 hours and has been on for a week iii. Kiii is running the PSA for free 1 01 — iv. Billboards are up v. Caller Times is going to promote in the weekender vi. KEDT is going to do some radio interviews vii. There are openings for the Saturday workshops at the Festival of the Arts; Friday workshop is completely full viii. There are 4 food vendors — Desiree's will do indoor and outdoor ix. Desiree's will be handling sodas, water & alcohol x. 17 demonstrations, 8 galleries of exhibits, tram tour with stop at Art Museum, 58 vending artists, 5 live bands, 14 performances on Saturday, DomingoLive will be broadcasting from the south parking lot, 8 performances on Sunday xi. 18 scheduled activities in kidzone xii. RTA did not approve the trolley — did not feel the distance was far enough xiii. Send around a sign -up sheet for commissioners to sign up to work at the Festival of the Arts xiv. T -shirts from previous years will be $5.00 xv. Need clipboards and pens for surveys; also need lanyards xvi. The opening ceremony is from 5:30pm- 8.00pm on Friday. xvii. 80 chairs available from Cole Park; 20 tables that Cultural Services can spare - Need to know how many Eft tables Cultural Services has available for the Festival of the Arts; 30 folding chairs from courtyard at Heritage Park. b. Visual Arts -Joe Pena i. Visual Arts has not met H. Molly Merkle's reception happened on February 21st. Hi. % for Art project (police station) panel has not met but maybe at the end of the week c. Cultural Enrichment -Joe Hilliard i. Been in touch with Joye on the film for the festival of the Arts ii. Digital Banner done iii. PSA done d. Youth Arts Development - Ericha Kemm i. Ericha has been out of town H. Been communicating via email and gathering information e. Subgrant -Joye LaBarrett __ . i. Subgrant has not met ii. Has been having glitches with getting the updated sub -grant application online; Does not believe that it will be online when it was scheduled to be online iii. ACC funded CC Symphony - They are offering pictures of sponsors at their performance this Saturday at 8:OOpm; will need to let Joye know if you are going to be there. VII. OLD BUSINESS (DISCUSSION / POSSIBLE ACTION) a. Review applications and recommend Drama position candidate (tabled from-January 8 and February 12 meetings) i. Joye LaBarrett made a motion to table filling Drama position until after the Festival of the Arts. Joe Hilliard seconded. Motion passed. VIII. NEW BUSINESS (DISCUSSION 1 POSSIBLE ACTION) a. Discuss proposal by Chip Urban for ACC to purchase a Danny O'Dowdy couch /sculpture to be in the Norma Urban Park i. Table (Chip Urban was not present) b. Discuss Resolution for the American Bison Sculpture near WaterGarden i. Joe Schenk passed out fact sheet and picture (of sculpture that is located in Omaha ii. Piece is by Kent Unbent. Piece is fully funded. Piece will belong to Art Museum but will be placed on City property. iii. The sculpture maintenance will be the Art Museum's responsibility. 1. Joe Hilliard made a motion that ACC approve the placement of the Bison sculpture on City property (on the burm at the Art Museum). Lad Young seconded. Motion passed. Joe Schenk obstained. a. Resolution signed. c. Discuss dedication ceremony for Ricardo Ruiz i. Visual Arts is asking to have a dedication ceremony for Ricardo Ruiz for the Parkdale Library piece. 1. There is supposed to be a portion in the contract that set asides money for the dedication ceremony. -102- 2. 10% is held back for the dedication ceremony, maintenance, lighting, etc. — needs to be in the contracts. 3. Joe Pena suggested having the dedication for Ricardo Ruiz — Lynda Jones stated that there is money in the ACC budget (office supplies) to do the postcards. a. Joe Hilliard made a motion to table the discussion on the dedication ceremony until after the Festival of the Arts and after Wes talks to Legal. Lynda wants Visual Arts to have a meeting to discuss how much or what percentage needs to be held out. Ericha Kemm seconded. Motion passed. d. Discuss and develop a time schedule for ACC commissioners to man the information booth at the Festival of the Arts i. Schedule was passed out for each commissioner to sign up for a time to man the information booth. e. Discuss and vote on a new chair for Cultural Enrichment i. David Berlanga nominated Teresa Crayon to be the new chair for Cultural Enrichment. Joe Hilliard seconded. Joe Schenk made a motion to close the nomination. Joye LaBarrett seconded. Motion passed: Teresa Crayon accepted. IX. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA a. Retreat is typically in April. Lynda stated that ACC typically has the Retreat in place of the regular meeting so there are not two meetings in one month. i. Joe Schenk will check to see if Art Museum is available on April 9th from 1 pm -5pm. 1. Joe Schenk will also check with the Town Club regarding the catering. X. STAFF REPORT: a. There is an area on the 3rd floor of the Galvan House that is designated for the Festival of the Arts materials. XI. ADJOURN Joe Hilliard made a motion to adjourn. Joe Pena seconded. Motion passed. Lynda Jones, Chair, adjourned meeting at 5:57pm. -103- ARTS & CULTURAL COMMISSION Regular Meeting, March 12, 2009, 4:30 p.m. Sixth Floor Conference Room, City Hall, 1201 Leopard Street, Corpus Christi, Texas MEMBERS P A MEMBERS P A STAFF 1. Berlanga, David j ❑ 10. Jones, Lynda Wes Vardeman ; �/ ■ 2. Bissell, Paul ❑ 11. LaBarrett, Joye ❑ Karen Dawson I 0 @ • 1 3. Bilaye - Benibo, Gloria j ❑ j 12. Pena, Joe ❑ ! Michele Thomas 1 ■ @ ►I 4. Crayon, Teresa ❑ I13. Vacant ❑ ❑ j @ 5. Vacant 1 ❑ ❑ 14. Prewitt, Judith ❑ @ 6. Garza, Amorette ❑ i 15. Schenk, Joe ❑ Is L 7. Hilliard, Joe i ❑ 16. Trimble, Frank j ❑ Is4 /1 8. Hovda, Heidi 1 ❑ 17. Young, Lari 1 ❑ . @ ! ►4 9. Kemm, Ericha i I ❑ Total: ; 13 2 /1 I. CALL TO ORDER - The Regular Meeting of the Arts and Cultural Commission was called to order at 4:41pm by Chair, Lynda Jones. 11. ROLL CALL - The recording secretary called roll, announced quorum. 111. PUBLIC COMMENT a. Joe Hilliard — Quality of Life Candidates Forum on March 18th beginning 5:30pm at Harbor Playhouse. b. Teresa Crayon — Chamber of Commerce Mixer on March 19th at Art Center from 5:30pm- 7:30pm. Will have a Festival of the Arts table. c. Michele Thomas — Superintendent over Heritage Park. There have been some concerns about email and prodicals with city staff. Sally Gavlik is very passionate about this commission. If she had more time, she would attend the ACC meetings. She does not have the time to look at everything that all commissions send to her. i. Email Wes and if he approves, he will send to Michele to review. If Michele feels like Sally needs to review, she will send to Sally. d. Cella Boyd, Executive Director for the AATAC Fine Arts Enrichment Learning Center, Inc. — wanted to introduce herself and her new non - profit organization. They are just starting out. IV. ACT ON ABSENCES a. Gloria Bilaye- Benibo missed the February meeting because she had an MRI. b. Joe Pena missed the February meeting because he had jury duty. c. Teresa Crayon missed the February meeting because she was out of town on business. d. David Berlanga missed the February meeting because he was out of town. i. Joe Hilliard made a motion to excuse Gloria Bilaye - Benibo, Joe Pena, Teresa Crayon & David Berlanga's February absences. Joye LaBarrett seconded. Motion passed. V. APPROVAL OF MINUTES a. Regular Meeting, February 12, 2009 i. Need to add Michele Thomas in attendance for the February 12th meeting. 1. Joe Schenk made a motion to accept the February 12th meeting minutes with correction to add Michele Thomas as Staff in attendance. Joe Hilliard seconded. Motion passed. b. Special Called Meeting, February 19, 2009 - i. Joe Schenk believes that the sentence "It was decided to budget paying Jimmy Pena from FOA for now and discuss after the Festival of the Arts if more funds are needed" needs to be taken out of the minutes since the subject was tabled until after the Festival of the Arts. 1. Frank Trimble made a motion to accept the February 19th meeting minutes with correction to take out sentence. Ericha Kemm seconded. Motion passed. VI. COMMITTEE REPORTS a. Performing Arts -Joye LaBarrett i. Information was in the Utility bill regarding the Festival of the Arts ii. Channel 20 has been running PSA every 2 hours and has been on for a week Kiii is running the PSAforfreel 04— iv. Billboards are up v. Caller Times is going to promote in the weekender vi. KEDT is going to do some radio interviews vii. There are openings for the Saturday workshops at the Festival of the Arts; Friday workshop is completely full viii. There are 4 food vendors — Desiree's will do indoor and outdoor ix. Desiree's will be handling sodas, water & alcohol x. 17 demonstrations, 8 galleries of exhibits, tram tour with stop at Art Museum, 58 vending artists, 5 live bands, 14 performances on Saturday, DomingoLive will be broadcasting from the south parking lot, 8 performances on Sunday xi. 18 scheduled activities in kidzone xii. RTA did not approve the trolley did not feel the distance was far enough xiii. Send around a sign -up sheet for commissioners to sign up to work at the Festival of the Arts xiv. T -shirts from previous years will be $5.00 xv. Need clipboards and pens for surveys; also need lanyards xvi. The opening ceremony is from 5:30pm- 8:OOpm on Friday. xvii. 80 chairs available from Cole Park; 20 tables that Cultural Services can spare - Need to know how many 6ft tables Cultural Services has available for the Festival of the Arts; 30 folding chairs from courtyard at Heritage Park. b. Visual Arts -Joe Pena i. Visual Arts has not met ii. Molly Merkle's reception happened on February 21st. % for Art project (police station) panel has not met but maybe at the end of the week c. Cultural Enrichment -Joe Hilliard i. Been in touch with Joye on the film for the festival of the Arts ii. Digital Banner done ii. PSA done d. Youth Arts Development - Ericha Kemm i. Ericha has been out of town ii. Been communicating via email and gathering information e. Subgrant -Joye LaBarrett i. Subgrant has not met ii. Has been having glitches with getting the updated sub -grant application online; Does not believe that it will be online when it was scheduled to be online iii. ACC funded CC Symphony - They are offering pictures of sponsors at their performance this Saturday at 8:OOpm; will need to let Joye know if you are going to be there. VII. OLD BUSINESS (DISCUSSION / POSSIBLE ACTION) a. Review applications and recommend Drama position candidate (tabled from January 8 and February 12 meetings) i. Joye LaBarrett made a motion to table filling Drama position until after the Festival of the Arts. Joe Hilliard seconded. Motion passed. VIII. NEW BUSINESS (DISCUSSION / POSSIBLE ACTION) a. Discuss proposal by Chip Urban for ACC to purchase a Danny O'Dowdy couch /sculpture to be in the Norma Urban Park i. Table (Chip Urban was not present) b. Discuss Resolution for the American Bison Sculpture near WaterGarden i. Joe Schenk passed out fact sheet and picture (of sculpture that is located in Omaha .. ii. Piece is by Kent Ullberq. Piece is fully funded. Piece will belong to Art Museum but will be placed on City Property. iii. The sculpture maintenance will be the Art Museum's responsibility. 1. Joe Hilliard made a motion that ACC approve the placement of the Bison sculpture on City property (on the burm at the Art Museum). Lad Young seconded. Motion passed. Joe Schenk obstained. a. Resolution signed. c. Discuss dedication ceremony for Ricardo Ruiz i. Visual Arts is asking to have a dedication ceremony for Ricardo Ruiz for the Parkdale Library piece. 1. There is supposed to be a portion in the contract that set asides money for the dedication ceremony. -105- 2. 10% is held back for the dedication ceremony, maintenance, lighting, etc. — needs to be in the contracts. 3. Joe Pena suggested having the dedication for Ricardo Ruiz — Lynda Jones stated that there is money in the ACC budget (office supplies) to do the postcards. a. Joe Hilliard made a motion to table the discussion on the dedication ceremony until after the Festival of the Arts and after Wes talks to Legal. Lynda wants Visual Arts to have a meeting to discuss how much or what percentage needs to be held out. Ericha Kemm seconded. Motion passed. d. Discuss and develop a time schedule for ACC commissioners to man the information booth at the Festival of the Arts i. Schedule was passed out for each commissioner to sign up for a time to man the information booth. e. Discuss and vote on a new chair for Cultural Enrichment i. David Berlanga nominated Teresa Crayon to be the new chair for Cultural Enrichment. Joe Hilliard seconded. Joe Schenk made a motion to close the nomination. Joye LaBarrett seconded. Motion passed. Teresa Crayon accepted. IX. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA a. Retreat is typically in April. Lynda stated that ACC typically has the Retreat in place of the regular meeting so there are not two meetings in one month. i. Joe Schenk will check to see if Art Museum is available on April 9`h from 1 pm -5pm. 1. Joe Schenk will also check with the Town Club regarding the catering. X. STAFF REPORT: a. There is an area on the 3rd floor of the Galvan House that is designated for the Festival of the Arts materials. XI. ADJOURN Joe Hilliard made a motion to adjourn. Joe Pena seconded. Motion passed. Lynda Jones, Chair, adjourned meeting at 5:57pm. -106- PARKS AND RECREATION ADVISORY COMMITTEE MEETING Wednesday, April 8, 2009, 5:00 p.m. Sixth Floor Conference Room City Hall, 1201 Leopard, Corpus Christi, TX 78401 Members Present Members Absent Staff Present Carlos Haney Rene Gutierrez Kendal Keyes Jinsun Kim Carrie Robertson Sylvia Samaniego Lisa Torres Garrett Dorsey Hunter Young Ron Woods Sally Gavlik Stacie Talbert Joshua Wentworth K Chute I. CALL TO ORDER Vice Chair, Rene Gutierrez called the meeting to order at 5:06 p.m. II. ROLL CALL The recording secretary called roll and announced that a quorum was present. III. ADOPTION OF MINUTES March 25, 2009, Regular Meeting — Sylvia Samaniego noted an addition to Section VI. Assistant Director's report, second paragraph. Ms. Talbert also reported on the TRAPS Walk the Halls .. . Meetings were held with Senators Chuy Hinojosa, Todd Hunter, Abel Herrero, and Solomon Ortiz, Jr. The committee expressed appreciation... Lisa Torres made a motion to accept the minutes as corrected. Sylvia Samaniego seconded. Motion passed. IV. PUBLIC Comment — none V. BUSINESS FOR DISCUSSION AND POSSIBLE ACTION ---> B. 1. Kent Ullberg's Bison Statue Project for Watergarden by Joe Schenk Joe Schenk provided a photo copy of the bison statue, a map noting the proposed location, and a fact sheet about the artist and the proposed project. Mr. Schenk is the Director of the Art Museum of South Texas. He reported the project is fully funded by five local patrons for educational purposes and the bison will become part of the Museum's permanent art collection. Staff has assisted with appropriate planning, and the proposal is supported by the Arts & Cultural Commission. Installation is planned for mid -June. Mr. Schenk clarified the Bison sculpture design is significant to this area because of the Carancahua Indian's lifestyle. It was suggested that information be included with the artist information on a plaque. Sylvia Samaniego made a motion to support the project as presented. Lisa Torres seconded. Motion passed. Mr. Schenk was thanked for his presentation and work on this project. Staff will prepare the Council agenda item and notify all participants. 2. Aquarius Park Master Plan presentation by Rita Thomas Rita Thomas presented information about her plan for a track around the eight acres of Aquarius Park. She notes about 150 student age residents and many adults walk the park area and use the park for various activities on a regular basis. Staff has worked with her to estimate a design drawing and cost for this concrete trail project. Ms. Thomas is asking the committee for support so she can begin official fund raising efforts. She already has verbal agreements for some donations of trees, benches, picnic tables, and funding for the trail. -107- Clarification was received regarding the use of concrete as a better ADA compliant material. The committee discussed possible funding options. Ms. Gavlik assisted with these explanations. Due to the way the park land on the island was donated, there is no enrichment funding available. However, their project could be considered for the 2018 Bond, or a possible future trail grant. Carrie Robertson made a motion to accept the concept of the trail design for Aquarius Park as presented. Sylvia Samaniego seconded. Motion passed. Ms. Thomas will now be able to officially begin fund raising for the park's trail system. She will be in contact with staff for guidance with this project. V. Business A. Presentation Education Tree by Jinsun Kim Jinsun Kim gave a power point presentation on education and event tree use. She provided a handout of her presentation. Discussion followed regarding the use of this program in Corpus Christi. Some ideas expressed included; use of the "Grandpa Tree" for next year's Festival of the Arts story telling event, using a learning tree at other festivals /events, placing a learning tree at the Oso Conservation Park currently being designed, at Cole Park, at the Latchkey sites and incorporate a learning lesson with each tree. This project ties into the Tree City USA Program. Michele Thomas, Special Events Superintendent, will work with Ms. Kim on this project and return their plan to the committee for review. V. Presentation for discussion and possible action - continued B. 3. Hans Suter Park Statue Project, Final Presentation by Ray McMurrey As Mr. McMurrey was unable to attend, Sally Gavlik updated the committee on this project. The committee received the original presentation at their regular meeting of September 24, 2008. Ms. Gavlik distributed handouts documenting the Arts & Cultural Commission (ACC) approval of the project. Lisa Torres made a motion to approve the Hans Suter Park, Indian Statue Project as presented. Sylvia Samaniego seconded. Motion passed. Staff will prepare the item for Council review. C. New Business for Discussion and Possible Action Review applications and make new member recommendation Applications were reviewed. Nominations were accepted from the floor. Nominees were; Cheryl Peebles, Lawrence Jordan, Tim /Mike Lavinghouse, Jr., Rita Sonya Padron, Leslie Ory, and Joy Marie Rios. The committee voted to recommend Tim /Mike Lavinghouse, Jr to be the new member with Rita Sonya Padron as alternate. Staff will notify the City Secretary's Office. D. Old Business for Discussion and Possible Action 1. Resolution regarding renaming of a park, park or recreation facility by Lisa Aguilar Since Lisa Aguilar was unable to attend, Sally Gavlik gave the review of the policy changes. Discussion was held regarding the previous incident necessitating the update to alleviate potential future controversy of requests to rename a previous specifically named park or facility. Lisa Torres made a motion to approve the resolution regarding renaming of a park, park or recreation facility. Carlos Haney seconded. Motion passed. Staff will prepare for Council. (Jinsun Kim left at 6:17 pm) 2. New Vision Statement and Goals Rene Gutierrez provided information of ideas previously given by committee members. Additional discussion was held. Lisa Torres made a motion to accept the new Vision Statement as, 'the Parks & Recreation Advisory Committee connects the City and the Community to improve our quality of life.' Carlos Haney seconded. Motion passed. -108- VI. COMMITTEE, LIAISON /STAFF REPORTS FINANCE /MARKETING: Rene Gutierrez reported there was no meeting. PLANNING DEVELOPMENT: Joshua Wentworth reported at their earlier meeting today, four plats were reviewed for money in lieu of land. PROGRAM DEVELOPMENT: Sylvia Samaniego noted their work toward an aquatic playground, and Tree City USA. Sally Gavlik introduced the KaBoom grant and PlayCity USA projects. PRAC will assist as the project's board, with the Program Sub - committee as the designated Play Committee. Members gladly supported the project and volunteered to assist staff. Information will be sent from staff to the members as it develops. SPECIAL PROJECTS: Joshua Wentworth provided the update and handout. GREENS: Because he was unable to attend this meeting, Ron Woods submitted a written report. MARINA ADVISORY COMMITTEE: There was no March meeting. WATERSHORE AND BEACH ADVISORY COMMITTEE: There was no report. Carrie Robertson expressed interest in being their liaison. DIRECTOR: Sally Gavlik reported the Dolphin Park item is scheduled to be reviewed by Council on April 21st. Carrie Robertson will attend to answer any applicable questions by the Council. The department is current working on next year's budget. Ms. Gavlik informed the committee that the down economy will bring significant reductions to the budget and therefore the services and programs provided by the department. Staff has been tasked with recommending reductions. When approved, Ms. Gavlik will bring those recommendations before the committee for review and discussion. An update was requested on the Texas Legislation since the Walk the Halls event. Ms. Gavlik noted some funding is available through grants. Staff is applying. However, these funds are for new construction /projects and do not allow for maintenance or repair monies. Therefore, staff must evaluate their applications carefully. Currently, staff has applied with the Texas A &M University, Corpus Christi (TAMUCC) site for a National Oceanic and Atmospheric Administration (NOAA) grant for gulf beach maintenance and sargassum research. If received, this four to five million dollar funding would help to develop better beach cleaning tools /equipment, and uses for the seaweed deposited annually along our beaches. Staff will update the committee on the grant process. ASSISTANT DIRECTOR: Stacie Talbert report staff is working with the Convention and Visitors Bureau (CVB) and the Omni Hotels to submit a bid for the Texas Recreation And Parks Society (TRAPS) 2012 Institute to be held in Corpus Christi. 2012 will be the 75th anniversary year for the TRAPS organization. May 8th will be the bid presentations in San Antonio with the Board's decision thereafter. The Parks & Recreation Program Guide will be distributed through the Caller Times on May 1st. It will also be available at convenience stores, and Latchkey sites. The Parks & Recreation Programs are also highlighted as a flier in the April utility bills. -109- VII. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA There were no items identified. However, another tour was requested for the beach, swimming pools, and tennis centers. VIII. ADJOURNMENT As time necessitated the leaving of a member and there would not longer be a quorum, Carrie Robertson made a motion to adjourn the meeting. Kendal Keyes seconded. The meeting was adjourned by Vice Chair, Rene Gutierrez at 7:04 p.m. —110— AN ORDINANCE Page 1 of 1 AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH THE ART MUSEUM OF SOUTH TEXAS FOR PLACEMENT OF KENT ULLBERG SCULPTURE AT WATERGARDEN AREA FOR TERM OF 5 YEARS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute an Agreement with Art Museum of South Texas for placement of Kent Ullberg Sculpture at Watergarden area. A copy of the Amendment is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved: Mot 1, a°D By: 4 Lisa Aguilar Assistant City Attorney For City Attorney —111 - H \LEG- DIR\Lisa\2009 Ordinance■Art Museum of South Texas.doe Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —1 1 2— AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ART MUSEUM OF SOUTH TEXAS FOR PLACEMENT OF KENT ULLBERG SCULPTURE This agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ( "City"), acting through its duly authorized City Manager or the City Manager's designee ( "City Manager ") and Art Museum of South Texas of 1902 S. Shoreline Blvd. Corpus Christi, Texas ( "Art Museum "). WHEREAS, the Art Museum desires to place Kent Ullberg bronze statue of bison bull on property of the City located near the Corpus Christi Watergarden and Art Museum of approximate size of 1 1/3 life size; NOW, THEREFORE, the City and Art Museum, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ( "Director"). Section 2. Artwork. The Art Museum has commissioned artist Kent Ullberg to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in bronze ( "Artwork "). A representative design of the Artwork, including plans and specifications, is attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Art Museum acknowledge that Art Museum's preliminary request for placement of the Artwork on city property has been reviewed and approved by the City's Arts and Cultural Commission and the Parks and Recreation Advisory Committee. Section 3. Term of Agreement. This term of this Agreement is for five years. Section 4. Compensation. The Art Museum is responsible for all payments related to the Artwork, including installation and proper maintenance. The City has no responsibility to contribute funds for the Artwork. Section 5. Ownership of Artwork. The Art Museum will continuously own the Artwork. It is part of the permanent collection of the Art Museum. Section 6. Location of Artwork. The exact location for Artwork installation is identified on the attached exhibit ( "Project Premises "). Upon completion of the Artwork, the Art Museum shall send notice to the Director at least thirty days prior to the projected date of installation. Upon expiration of this Agreement, Art Museum arrange for removal of Artwork. Section 7. Installation of the Artwork. Art Museum will be contractually responsible for all completion costs associated with construction and installation of the Artwork. Art Museum shall be contractually responsible for the physical installation of the Artwork including obtaining any applicable permits, and atso responsible for all completion costs associated with the installation of the Artwork at the Project Premises. Art Museum shall not allow any liens to attach to City property associated with the installation or maintenance of the Artwork. —113— Section 8. Artwork Maintenance. Art Museum is responsible for Artwork maintenance so long as Artwork is installed at City property. Section 9. Identification Label. The Art Museum shall prepare, at its own expense, an identification label indicating Art Museum's name, the Artist's name, the Artwork's title, and year of completion. This identification label will be placed near or adjacent to the Artwork whenever the Artwork is publicly displayed by the City. Section 10. Taxes. Art Museum is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to Artwork that is the subject of this Agreement. Section 11. Insurance. At least fourteen days prior to delivery of the Artwork to City property, Art Museum shall notify the City Risk Manager and obtain insurance as required by the City Director of Risk Manager. Art Museum is responsible for insuring the Artwork. Section 12. Indemnity. Art Museum ( "Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees ") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the design, fabrication, installation, repair, restoration, maintenance or removal of the Artwork and any act or omission of the lndemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation commenced by any party other than lndemnitor relating to this Agreement, lndemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his /her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. This provision survives the expiration or earlier termination of this Agreement. Section 13. Notice. IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard; 3rd Fl P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 880 -3461 (361) 880 -3864 Fax SallvG(a.cctexas. com IF TO ART MUSEUM: Art Museum of South Texas Attn: Joseph B. Schenk, Director 1902 N. Shoreline Corpus Christi, TX 78401 (361) 825 -3500 (361) 825 -3520 Fax joe. schenk©tamucc.edu A. Either party may change the address to which notice is sent by using a method set out above. Art Museum shall notify City of an addres change within ten (10) days after the address is changed. —114— Section 14. Property Management. The City reserves the right to manage its facilities such as Watergarden, and in the event that work on City facilities requires relocation of Artwork, then such relocation shall be at expense of the Art Museum. This reservation of rights by the City survives the expiration of this Agreement. Section 15. Modification or Amendment. Modification or amendment of any of the terms of this Agreement is effective upon written authorization of each of the parties to this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the _ day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO LEGAL FORM 2009 Lisa Aguilar, Assistant City Attorney for City Attorney ART MUSEUM By: Printed Title Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2009, by Notary Public, State of Texas Seal: My Commission Expires Notary's Printed Name —115— LIST OF ATTACHED EXHIBITS Exhibit A: Artwork Exhibit B: Location —1 1 6— Jn -117- rai -1- 13 Article I. ART MUSEUM'S LIABILITY INSURANCE A. Art Museum must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Art Museum must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Art Museum must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. C. In with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance* • The City of Corpus Christi must be named as an additional insured on the General Liability coverage is required. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, material change, non - renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury- Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Property Coverage for Artwork Full value of Artwork —119— Page 6of6 • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • Insurance Carrier must be rated in A. M. Best with a minimum acceptable rating of A -vii or better. • The name of the project must be listed under "Description of Operations" • At a minimum, a 30-day written notice to the Risk Manager of cancellation, material change, non - renewal or termination is required. 2009 Art Museum Artwork on City property ins req. 4 -27 -09 ep Risk Mgmt. —120— 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH GULF COAST INDIAN CONFEDERATION OF CORPUS CHRISTI REGARDING DONATION OF BRONZE SCULPTURE COMMEMORATING THE NATIVE AMERICANS IN CORPUS CHRISTI TO BE LOCATED IN HANS SUTER PARK. ISSUE: The Arts and Cultural Commission and Parks and Recreation Advisory Committee both recommend acceptance of this project. The Gulf Coast Indian Confederation of Corpus Christi will provide all funding for this project and fundraising efforts for this sculpture that will commemorate the Native Americans. Work will be maintained by the confederation and continue to be maintained for more than 20 years. The Arts and Cultural Commission, along with the Parks and Recreation Advisory Committee have approved the sculpture and location in Hans Suter Park. REQUIRED COUNCIL ACTION: The City Council is requested to approve the sculpture to be installed in Hans Suter Park. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of this request. .I e.. L Sally Gav i rDirector Parks and ecreation Attachments: Minutes from Arts and Cultural Commission Minutes from Parks and Recreation Advisory Committee —123— ▪ • 01. • .• • ARV AKAW 41‘ • 0 thikr tat • MO • raW A • AIMMAtia0915PAt4A. PERT " - " _1- 0. 0 . if a• 4 & laritirtal7; vele -124- 3L 2 Le -91-9: aLVCI ARTS & CULTURAL COMMISSION Special Called Meeting, February 19, 2009, 4:30 p.m. McCampbell House, Heritage Park, 1501 N Chaparral Street, Corpus Christi, Texas MEMBERS P A MEMBERS P A STAFF 1. Berianga, David ❑ ►1 10. Jones, Lynda // ❑ 1 Wes Vardeman /1 2. Bissell, Paul ❑ 11. LaBarrett, Joye ❑ 0 Karen Dawson i /1 // 3. Bilaye - Benibo, Gloria fro 12. Pena, Joe 01 ❑ 4. Crayon, Teresa A/ ❑ 13. Vacant Niii 5. Vacant 14. Prewitt, Judith /1 ❑ 6. Garza, Amorette // • 15. Schenk, Joe A/ 7. Hilliard, Joe a ❑ ► ∎I 8. Hovda, Heidi ►,1 ❑ 17. Young, Lari // �■ 9. Kemm, Ericha /A/ ❑ Total: 12 3 CALL TO ORDER - The Special Called Meeting of the Arts and Cultural Commission was called to order at 4:32pm by Chair, Lynda Jones. II. ROLL CALL - The recording secretary called roll, announced quorum. III. PUBLIC COMMENT - None IV. OLD BUSINESS (DISCUSSION / POSSIBLE ACTION) a. Discuss and Vote on the Hans Suter Park Statue Resolution i. Delete the "s" on meetings ii. Change the wording in Section 1 to ...placement of bronze sculpture that is being proposed by the Gulf Coast Indian Confederation in Hans Suter Park. 1. Judith stated that is would not be grammatically correct. a. Do not change the wording i. Heidi Hovda made a motion to approve resolution with correction of meeting(s). Judith Prewitt seconded. Motion passed. V. NEW BUSINESS (DISCUSSION / POSSIBLE ACTION) a. Discuss and vote on paying Jimmy Pena $2000 for permanent art work and demonstrating at the Festival of the Arts i. Using money out of permanent art trust fund would require approval from City Council ii. Joe Schenk asked how ACC came up with the amount of $2000 to be paid to Jimmy Pena. iii. Judith Prewitt concemed that this is an inappropriate use of money if it was paid out of the Hot Funds iv. Lynda suggested to move $2000 out of maintenance to FOA budget then pay for Jimmy Pena v. Joe Hilliard — do not move $2000 out of maintenance, Maintenance of the permanent art is a priority. vi. Joe Schenk asked why move money now why not wait until after Festival of the Arts vii. Lynda Jones - Would like to use the money in the ACC budget instead of the Permanent Art Trust fund because Sally said the money from HOT was not rolled over last year 1. Karen replied that $4708 was transferred out of Hot Fund to Permanent Art Trust Fund b. Discuss and vote on the ACC budget i. Table until after the Festival of the Arts 1. It was decided to budget paying Jimmy Pena from FoA fro now and discuss after the Festival of the Arts if more funds are needed. VI. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA a. Sculpture in Water Garden VII. STAFF REPORT: -126- VIII. ADJOURN Joe Schenk made a motion to adjoum. Paul Bissell seconded. Motion passed. Lynda Jones, Chair, adjourned meeting at 4:53pm. Karen A. Dawson, Program Coordinator Cultural Services, Parks & Recreation Department -127- PARKS AND RECREATION ADVISORY COMMITTEE MEETING Wednesday, April 8, 2009, 5:00 p.m. Sixth Floor Conference Room City Hall, 1201 Leopard, Corpus Christi, TX 78401 Members Present Members Absent Staff Present Carlos Haney Rene Gutierrez Kendal Keyes Jinsun Kim Carrie Robertson Sylvia Samaniego Lisa Torres Garrett Dorsey Hunter Young Ron Woods Sally Gavlik Stacie Talbert Joshua Wentworth K Chute I. CALL TO ORDER Vice Chair, Rene Gutierrez called the meeting to order at 5:06 p.m. II. ROLL CALL The recording secretary called roll and announced that a quorum was present. 111. ADOPTION OF MINUTES March 25, 2009, Regular Meeting — Sylvia Samaniego noted an addition to Section VI. Assistant Director's report, second paragraph. Ms. Talbert also reported on the TRAPS Walk the Halls .. . Meetings were held with Senators Chuy Hinojosa, Todd Hunter, Abel Herrero, and Solomon Ortiz, Jr. The committee expressed appreciation .. . Lisa Torres made a motion to accept the minutes as corrected. Sylvia Samaniego seconded. Motion passed. IV. PUBLIC Comment — none V. BUSINESS FOR DISCUSSION AND POSSIBLE ACTION B. 1. Kent Ullberg's Bison Statue Project for Watergarden by Joe Schenk Joe Schenk provided a photo copy of the bison statue, a map noting the proposed location, and a fact sheet about the artist and the proposed project. Mr. Schenk is the Director of the Art Museum of South Texas. He reported the project is fully funded by five local patrons for educational purposes and the bison will become part of the Museum's permanent art collection. Staff has assisted with appropriate planning, and the proposal is supported by the Arts & Cultural Commission. Installation is planned for mid -June. Mr. Schenk clarified the Bison sculpture design is significant to this area because of the Carancahua Indian's lifestyle. It was suggested that information be included with the artist information on a plaque. Sylvia Samaniego made a motion to support the project as presented. Lisa Torres seconded. Motion passed. Mr. Schenk was thanked for his presentation and work on this project. Staff will prepare the Council agenda item and notify all participants. 2. Aquarius Park Master Plan presentation by Rita Thomas Rita Thomas presented information about her plan for a track around the eight acres of Aquarius Park. She notes about 150 student age residents and many adults walk the park area and use the park for various activities on a regular basis. Staff has worked with her to estimate a design drawing and cost for this concrete trail project. Ms. Thomas is asking the committee for support so she can begin official fund raising efforts. She already has verbal agreements for some donations of trees, benches, picnic tables, and funding for the trail. -128- Clarification was received regarding the use of concrete as a better ADA compliant material. The committee discussed possible funding options. Ms. Gavlik assisted with these explanations. Due to the way the park land on the island was donated, there is no enrichment funding available. However, their project could be considered for the 2018 Bond, or a possible future trail grant. Carrie Robertson made a motion to accept the concept of the trail design for Aquarius Park as presented. Sylvia Samaniego seconded. Motion passed. Ms. Thomas will now be able to officially begin fund raising for the park's trail system. She will be in contact with staff for guidance with this project. V. Business A. Presentation Education Tree by Jinsun Kim Jinsun Kim gave a power point presentation on education and event tree use. She provided a handout of her presentation. Discussion followed regarding the use of this program in Corpus Christi. Some ideas expressed included; use of the "Grandpa Tree" for next year's Festival of the Arts story telling event, using a learning tree at other festivals /events, placing a learning tree at the Oso Conservation Park currently being designed, at Cole Park, at the Latchkey sites and incorporate a learning lesson with each tree. This project ties into the Tree City USA Program. Michele Thomas, Special Events Superintendent, will work with Ms. Kim on this project and return their plan to the committee for review. V. Presentation for discussion and possible action - continued B. 3. Hans Suter Park Statue Project, Final Presentation by Ray McMurrey As Mr. McMurrey was unable to attend, Sally Gavlik updated the committee on this project. The committee received the original presentation at their regular meeting of September 24, 2008. Ms. Gavlik distributed handouts documenting the Arts & Cultural Commission (ACC) approval of the project. Lisa Torres made a motion to approve the Hans Suter Park, Indian Statue Project as presented. Sylvia Samaniego seconded. Motion passed. Staff will prepare the item for Council review. C. New Business for Discussion and Possible Action Review applications and make new member recommendation Applications were reviewed. Nominations were accepted from the floor. Nominees were; Cheryl Peebles, Lawrence.Jordan, Tim /Mike Lavinghouse, Jr., Rita Sonya Padron, Leslie Ory, and Joy Marie Rios. The committee voted to recommend Tim /Mike Lavinghouse, Jr to be the new member with Rita Sonya Padron as alternate. Staff will notify the City Secretary's Office. D. Old Business for Discussion and Possible Action 1. Resolution regarding renaming of a park, park or recreation facility by Lisa Aguilar Since Lisa Aguilar was unable to attend, Sally Gavlik gave the review of the policy changes. Discussion was held regarding the previous incident necessitating the update to alleviate potential future controversy of requests to rename a previous specifically named park or facility. Lisa Torres made a motion to approve the resolution regarding renaming of a park, park or recreation facility. Carlos Haney seconded. Motion passed. Staff will prepare for Council. (Jinsun Kim left at 6:17 pm) 2. New Vision Statement and Goals Rene Gutierrez provided information of ideas previously given by committee members. Additional discussion was held. Lisa Torres made a motion to accept the new Vision Statement as, 'the Parks & Recreation Advisory Committee connects the City and the Community to improve our quality of life.' Carlos Haney seconded. Motion passed. -129- VI. COMMITTEE, LIAISON /STAFF REPORTS FINANCE /MARKETING: Rene Gutierrez reported there was no meeting. PLANNING DEVELOPMENT: Joshua Wentworth reported at their earlier meeting today, four plats were reviewed for money in lieu of land. PROGRAM DEVELOPMENT: Sylvia Samaniego noted their work toward an aquatic playground, and Tree City USA. Sally Gavlik introduced the KaBoom grant and PlayCity USA projects. PRAC will assist as the project's board, with the Program Sub - committee as the designated Play Committee. Members gladly supported the project and volunteered to assist staff. Information will be sent from staff to the members as it develops. SPECIAL PROJECTS: Joshua Wentworth provided the update and handout. GREENS: Because he was unable to attend this meeting, Ron Woods submitted a written report. MARINA ADVISORY COMMITTEE: There was no March meeting. WATERSHORE AND BEACH ADVISORY COMMITTEE: There was no report. Carrie Robertson expressed interest in being their liaison. DIRECTOR: Sally Gavlik reported the Dolphin Park item is scheduled to be reviewed by Council on April 21s'. Carrie Robertson will attend to answer any applicable questions by the Council. The department is current working on next year's budget. Ms. Gavlik informed the committee that the down economy will bring significant reductions to the budget and therefore the services and programs provided by the department. Staff has been tasked with recommending reductions. When approved, Ms. Gavlik will bring those recommendations before the committee for review and discussion. An update was requested on the Texas Legislation since the Walk the Halls event. Ms. Gavlik noted some funding is available through grants. Staff is applying. However, these funds are for new construction /projects and do not allow for maintenance or repair monies. Therefore, staff must evaluate their applications carefully. Currently, staff has applied with the Texas A &M University, Corpus Christi (TAMUCC) site for a National Oceanic and Atmospheric Administration (NOAA) grant for gulf beach maintenance and sargassum research. If received, this four to five million dollar funding would help to develop better beach cleaning tools /equipment, and uses for the seaweed deposited annually along our beaches. Staff will update the committee on the grant process. ASSISTANT DIRECTOR: Stacie Talbert report staff is working with the Convention and Visitors Bureau (CVB) and the Omni Hotels to submit a bid for the Texas Recreation And Parks Society (TRAPS) 2012 Institute to be held in Corpus Christi. 2012 will be the 75th anniversary year for the TRAPS organization. May 81h will be the bid presentations in San Antonio with the Board's decision thereafter. The Parks & Recreation Program Guide will be distributed through the Caller Times on May 1st. It will also be available at convenience stores, and Latchkey sites. The Parks & Recreation Programs are also highlighted as a flier in the April utility bills. -130- VII. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA There were no items identified. However, another tour was requested for the beach, swimming pools, and tennis centers. VIII. ADJOURNMENT As time necessitated the leaving of a member and there would not longer be a quorum, Carrie Robertson made a motion to adjourn the meeting. Kendal Keyes seconded. The meeting was adjourned by Vice Chair, Rene Gutierrez at 7:04 p.m. Sally Gavlik, Director Parks and Recreation Department —131— Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH GULF COAST INDIAN CONFEDERATION OF CORPUS CHRISTI REGARDING DONATION OF BRONZE SCULPTURE COMMEMORATING THE NATIVE AMERICANS IN CORPUS CHRISTI TO BE LOCATED IN HANS SUTER PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute a Gift Agreement with the Gulf Coast Indian Confederation of Corpus Christi to accept donation of bronze sculpture commemorating the Native Americans in Corpus Christi to be located in Hans Suter Park. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED May 1, 2009 Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor -132- Page 1 of 3 A RESOLUTION OF THE CORPUS CHRISTI ARTS & CULTURAL COMMISSION REGARDING PLACEMENT OF BRONZE SCULPTURE IN HANS SUTER PARK. _Whereas, the Arts & Cultural Commission ( "Commission ") has considered placement of a bronze sculpture in -Hans Suter Park af its meeting" on September 23, 2008; Whereas, the Commission desires to make recommendations to the City Council regarding this matter; NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI ARTS & CULTURAL COMMISSION: SECTION 1. That the Arts & Cultural Commission requests that the following matters be considered by the City Council regarding placement of a bronze sculpture in Hans Suter Park that is being proposed by the Gulf Coast Indian Confederation: a. Design to be approved by the Arts & Cultural Commission. b. Work to be maintained by the Gulf Coast Indian Confederation. c. All funding for this project will be provided by the Gulf Coast Indian Confederation and associated fundraising efforts. d. Work should last more than 20 years. e. Site to be reviewed by Arts & Cultural Commission and the Park and Recreation Advisory Committee. Final approval given by City Council. f. Adhere to "Policy on Gifts and Donations of Works of Arts" on page 12 -15 of City of Corpus Christi Arts & Cultural Commission Manual in the Corpus Christi Public Art Policies and Guidelines section. SECTION 2. A copy of this Resolution shall be provided to the City Council for its consideration. —133— SECTION 3. This Resolution was approved on called meeting of the Arts & Cultural Commission. ARTS & CULTURAL COMMISSION —134— Page 2 of 3 2009 at a duly Corpus Christi, Texas (CI -b r of rely-a Gtry , 2009 The above resolution was passed by the following vote: Lynda Jones David Berlanga Paul Bissell Gloria T. Bilaye - Benibo Teresa Crayon Amorette V. Garza Joe K. Hilliard Heidi Hovda Joye LaBarrett Joe Pena Dr. Judith Prewitt Joseph Schenk Frank Trimble Lad Young CN- "'1\ Page 3 of 3 -135- Page 1 of 7 DRAFT AGREEMENT FOR ACCEPTANCE OF ART BETWEEN THE CITY OF CORPUS CHRISTI AND GULF COAST INDIAN CONFEDERATION This agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ( "City "), acting through its duly authorized City Manager or the City Manager's designee ( "City Manager ") and Gulf Coast Indian Confederation of Corpus Christi of Corpus Christi, Texas ("Confederation "). WHEREAS, the Gulf Coast Indian Confederation of Corpus Christi desires to commission a bronze sculpture commemorating the Native Americans in Corpus Christi, Texas, NOW, THEREFORE, the City and Confederation, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ( "Director "). Section 3. Artwork. The Confederation shall commission artist David McGary to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in bronze which commemorates the Native Americans in Corpus Christi ( "Artwork ") A representative design of the Artwork, including plans and specifications, is attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Confederation acknowledge that Confederation's preliminary design for the Artwork has been reviewed and approved by the City's Arts and Cultural Commission and the Parks and Recreation Advisory Committee. Section 4. Term of Agreement. This Agreement, continues so long as the Artwork is maintained on City property. Section 5. Compensation. The Confederation is responsible for all payments for the Artwork including installation and proper maintenance. The City has no responsibility to contribute funds for the Artwork. Section 6. Gift of Artwork. The Confederation will gift the Artwork to the City upon its completion and installation at Hans Suter Park. The exact location for Artwork installation at Hans Suter Park shall be determined by the Director ( "Project Premises "). Upon completion of the Artwork , the Confederation shall send notice to the Director at least forty -five days prior to the projected date of installation. The parties anticipated completion date of the Artwork is -136- Page 2 of 7 Upon installation of the Artwork and site cleanup, the City Director shall notify Confederation in writing of its final acceptance ( "Notice of Final Acceptance ") of the Artwork. Final acceptance shall not be unreasonably withheld. Site cleanup shall consist of Confederation cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Confederation's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 7. Installation of the Artwork. Confederation shall provide plans and specifications for installation of the Artwork. Confederation will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Confederation shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises. Section 8. Artwork Maintenance Instructions. Confederation shall submit, within fourteen (14) days after arrival of the Artwork at the Project Premises, instructions regarding routine maintenance required for each component of the Artwork. Confederation shall remain responsible for Artwork maintenance so long as Artwork is installed at City property. Section 9. Taxes. Confederation is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Confederation or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 10. No Assignment Without Authorization. This Agreement may not be assigned, delegated, or transferred without the express, written approval of the City. This Agreement is binding on the Confederation, and its successors and assigns. Section 11. Insurance. At least fourteen days prior to delivery of the Artwork to City property, Confederation shall notify the City Risk Manager and obtain insurance as required by the City Director of Risk Manager. Section 12. Dedication Ceremony. A. Confederation is requested by the City to attend a dedication ceremony upon opening of the Project Premises to the public. B. The City is solely responsible for coordinating public information materials and activities related to the dedication of the Artwork. Section 13. Public Information by Confederation. Confederation shall acknowledge the City's role in this Agreement in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Confederation survives the termination of this Agreement. Section 14. Independent Contractor; Lack of Contractual Authority. —137— Page 3 of 7 A. Confederation shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Confederation as the agent or legal representative of the City for any purpose whatsoever, and Confederation is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 15. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon Final Acceptance from the City Director. B. In its contract with artist David McGary, Confederation shall ensure that the City is granted the right by the artist for an irrevocable license to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. The rights granted by this subsection survive the termination of this Agreement. Section 16. Identification Label. The Confederation shall prepare, at its own expense, an identification label indicating Confederation's name, the Artist's name, the Artwork's title, and year of completion. This identification label will be placed near or adjacent to the Artwork whenever the Artwork is publicly displayed by the City. Section 17. Risk of Loss. Confederation is responsible for risk of loss on the Artwork until until Confederation has-completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Section 18. Indemnification. To the extent allowed by Texas law, Confederation ( "Indemnitor') shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees ") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitors employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his /her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement -138— Page 4 of 7 except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 19. Confederation's Warranties. A. Warranty Against Defects. Confederation warrants that the Artwork is designed to last for 20 years and guarantees the Artwork against faulty material and workmanship, including inherent vice. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Confederation shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Confederation regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Confederation of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. B. Warranty of Title. Confederation warrants and guarantees that, upon the City's final acceptance of the Artwork, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity. Section 20. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. The City will not relocate or remove the Artwork or substantially modify the site in or on which the Artwork is located for a period of five (5) years without notifying Confederation of the proposed change and attempting to reach agreement with Confederation regarding the future appearance or location of the Artwork. Confederation must not unreasonably withhold approval of the relocation or removal of the Artwork from the site in or on which it is located or of the modification of the location. This reservation of rights by the City survives the expiration of this Agreement. Section 21. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Section 22. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. -1 3 9— Page 5 of 7 Section 23. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 24. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by fax transmission. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service Notice by fax is deemed effective upon proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard; 3rd Fl P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 880-3461 (361) 880 -3864 Fax SaiIvG (cctexas.com IF TO CONFEDERATION: C. Either party may change the address to which notice is sent by using a method set out above. Confederation shall notify City of an address change within ten (10) days after the address is changed. Section 27. Modification or Amendment. Modification or amendment of any of the terms of this Agreement is effective upon written authorization of each of the parties to this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the _ day of , 2009. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI 'Angel R. Escobar City Manager APPROVED AS TO LEGAL FORM 2008 Lisa Aguilar, Assistant City Attorney for City Attorney —140— CONFEDERATION By: Printed Title Date: STATE OF TEXAS COUNTY OF NUECES Page 6 of 7 This instrument was acknowledged before me on 2009, by Notary Public, State of Texas Seal: My Commission Expires Notary's Printed Name —141— LIST OF ATTACHED EXHIBITS Page 7 of 7 Exhibit A: Representative Design and Plans and Specifications for Artwork -142- Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH GULF COAST INDIAN CONFEDERATION OF CORPUS CHRISTI REGARDING DONATION OF BRONZE SCULPTURE COMMEMORATING THE NATIVE AMERICANS IN CORPUS CHRISTI TO BE LOCATED IN HANS SUTER PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute a Gift Agreement with the Gulf Coast Indian Confederation of Corpus Christi to accept donation of bronze sculpture commemorating the Native Americans in Corpus Christi to be located in Hans Suter Park. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. ATTEST: Armando Chapa City Secretary APPROVED May 5, 2009 earn Lisa Ag Assistan ity Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor -143- Page 1 of 6 AGREEMENT FOR ACCEPTANCE OF ART BETWEEN THE CITY OF CORPUS CHRISTI AND GULF COAST INDIAN CONFEDERATION This agreement ( "Agreement") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ( "City"), acting through its duly authorized City Manager or the City Manager's designee ( "City Manager") and Gulf Coast Indian Confederation of Corpus Christi of [insert mailing address] Corpus Christi, Texas ( "Confederation "). WHEREAS, the Gulf Coast Indian Confederation of Corpus Christi desires to commission a bronze sculpture commemorating the Native Americans in Corpus Christi, Texas, NOW, THEREFORE, the City and Confederation, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ( "Director "). Section 2. Artwork. The Confederation shall commission artist David McGary to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in bronze which commemorates the Native Americans in Corpus Christi, and including a circular walking area around the statue, together known herein as the Artwork ( "Artwork "). A representative design of the Artwork, including plans and specifications, is attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Confederation acknowledge that Confederation's preliminary design for the Artwork has been reviewed and approved by the City's Arts and Cultural Commission and the Parks and Recreation Advisory Committee. Section 3. Term of Agreement. This Agreement, continues so long as the Artwork is maintained on City property. Section 4. Compensation. The Confederation is responsible for all payments for the Artwork including construction, installation, repair and proper maintenance. The City has no obligation for the installation, repair or maintenance of the Artwork. Section 5. Gift of Artwork. The Confederation will gift the Artwork to the City upon its completion and complete installation at Hans Suter Park. Section 6. Location of Artwork. The exact location for Artwork installation at Hans Suter Park shall be determined by the Director ( "Project Premises "). —144— Page 2 of 6 Section 7. Construction of the Artwork. The Confederation shall comply with all applicable City codes regarding construction and installation of the Artwork. Section 8. Installation of the Artwork. Upon completion of the statue, the Confederation shall send notice to the Director at least forty -five days prior to the projected date of installation. The parties anticipated completion date of the Artwork is . Confederation shall not commence installation of the Artwork until all insurance is obtained as required by Risk Manager. Confederation shall provide plans and specifications for installation of the Artwork. Confederation shall be contractually responsible for all completion costs associated with construction and installation of the Artwork. Confederation shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises. Section 9. Artwork Maintenance. Confederation shall remain responsible for Artwork maintenance and repair so long as Artwork is installed at City property. Section 10. Taxes. Confederation is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Confederation or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 11. Insurance. At least fourteen (14) days prior to delivery of the Artwork to City property, Confederation shall notify the City Risk Manager and obtain insurance as required by the City Director of Risk Manager. Section 12. Independent Contractor; Lack of Contractual Authority. A. Confederation shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Confederation as the agent or legal representative of the City for any purpose whatsoever, and Confederation is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 13. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon final written acceptance from the City Director. B. In its contract with artist David McGary, Confederation shall ensure that the City is granted the right by the•artist for an irrevocable license to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography —145— Page 3of6 or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. The rights granted by this subsection survive the termination of this Agreement. Section 14. Identification Label. The Confederation shall prepare, at its own expense, an identification label indicating Confederation's name, the Artist's name, the Artwork's title, and year of completion. This identification label will be placed near or adjacent to the Artwork whenever the Artwork is publicly displayed by the City. Section 15. Warranties. A. The Confederation shall ensure that the Artist warrants to the Confederation and the City that the Artwork shall be designed to last for 20 years or more. Section 16. Risk of Loss. Confederation is responsible for risk of loss or damage regarding the Artwork until Confederation has completed installation of the Artwork and City Director has provided Confederation with City Director's final written acceptance of the Artwork. Section 17. Indemnification. Confederation " Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees ") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the design, fabrication, installation, repair, restoration, maintenance or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The Indemnitor covenants and agrees that, if the lndemnitee is made a party to any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the lndemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. This provision survives the expiration or earlier termination of this Agreement. Section 18. Collection Management. The City reserves the right to manage its collection of art, including the Artwork, for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. Section 19. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. —146— Page 4 of 6 Section 20. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 21. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 22. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by fax transmission. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by fax is deemed effective upon proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard; 3rd Fl P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 880 -3461 (361) 880 -3864 Fax SaU vGna cctexas.com IF TO CONFEDERATION: Gulf Coast Indian Confederation Telephone: Fax or email: C. Either party may change the address to which notice is sent by using a method set out above. Confederation shall notify City of an address change within ten (10) days after the address is changed. Section 23. Modification or Amendment. Modification or amendment of any of the terms of this Agreement is effective upon written authorization of each of the parties to this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the _ day of 2009. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI 'Angel R. Escobar City Manager APPROVED AS TO LEGAL FORM 2009 —147— Page 5 of 6 Lisa Aguilar, Assistant City Attorney for City Attorney GULF COAST INDIAN CONFEDERATION By: Printed Title Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by , as the (title) for the Gulf Coast Indian Confederation, a (type of organization), on behalf of said organization. Seal: Notary Public, State of Texas My Commission Expires Notary's Printed Name —1 4 8— LIST OF ATTACHED EXHIBITS Page 6 of 6 Exhibit A: Representative Design and Plans and Specifications for Artwork -149- -150- t ft r 4 NOIIVAaa 12 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A resolution supporting passage of State legislation requiring producers of televisions, computers, and other electronic products to participate in takeback recycling programs and requiring vendors who provide electronic products to State and local governments to take back discarded electronic products. ISSUE: Discarded electronic products, including computers, televisions and cell phones contain toxic materials that may pose hazards to human health and the environment when disposed of in a landfill or incinerated. Discarded electronic products are an increasing problem for the City of Corpus Christi and other local governments, who are currently responsible for providing a safe means of disposal of these products. The costs incurred by local governments for disposal of products that contain toxic materials, particularly electronics, can deplete valuable funding that could be spent on other recycling programs. Producer takeback recycling programs shift the burden of disposal costs for electronic products from local governments back to the producers, intemalizing these costs and giving a market incentive to design products that are more durable, less toxic and recyclable. Additionally, the City of Corpus Christi would benefit from legislation requiring vendors that provide electronic products, under State -wide procurement guidelines, to accept the discarded electronics at the end of their useful life. The Clean City Advisory Committee requests that the Corpus Christi City Council approve a resolution in support of State legislation that requires takeback recycling programs for the producers and distributers of televisions, computer and electronic devices. REQUIRED COUNCIL ACTION: Approve the resolution as stated. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: In approving this resolution, the City Council gives its official support to the passage Of State legislation intended to reduce or eliminate environmental effects stemming from disposal of toxic electronic waste. Members of the Clean City Advisory Committee and City Staff recommend approval. Attachments: —155— awrence Mikolajczyk, Director, Solid Waste Operations BACKGROUND INFORMATION Many environmental concems have arisen from the pending conversion to digital television technology, and the anticipated disposal of the outdated televisions sets. Televisions, computers and other electronic devices that are not properly recycled or disposed of, may pollute the air, water and soil. The State of Texas continues to enact laws to protect the environment by helping to ensure that electronic devices are properly recycled and disposed. Doing so helps assure that future generations of Texans will enjoy the benefits of living in a clean and safe environment. The City of Corpus Christi supports legislation that protects the quality of life, safety, health and welfare of its residents and visitors. —156— A RESOLUTION SUPPORTING PASSAGE OF STATE LEGISLATION REQUIRING PRODUCERS OF TELEVISIONS, COMPUTERS, AND OTHER ELECTRONIC PRODUCTS TO PARTICIPATE IN TAKEBACK RECYCLING PROGRAMS AND REQUIRING VENDORS WHO PROVIDE ELECTRONIC PRODUCTS TO STATE AND LOCAL GOVERNMENTS TO TAKE BACK DISCARDED ELECTRONIC PRODUCTS. WHEREAS, discarded televisions, computers, cell phones, and other electronic devices can contain toxic materials that can pose hazards to human health and the environ- ment; WHEREAS, the State of Texas passed electronics takeback legislation in 2007 that covers computers and computer - related devices but does not include televisions or other electronic products; WHEREAS, the federally mandated switch from analog to digital television signals on June 12, 2009, is expected to render millions of analog televisions obsolete; WHEREAS, millions of obsolete televisions containing millions of pounds of lead and other heavy metals making their way to Texas landfills could prove environmentally unsafe and fiscally unsound; WHEREAS, discarded electronic products are an increasing problem for the City of Corpus Christi and other local governments, who are currently responsible for providing a safe means of disposal of these products; WHEREAS, the cost incurred by the City of Corpus Christi for disposal of products that contain toxic materials and are not easily recyclable, particularly electronics, are in ef- fect taking away funding that could easily be spent on other recycling programs; and WHEREAS, requiring television producers to implement takeback recycling programs will shift the burden of disposal costs for television products from local ratepayers back to the producers, internalize the cost associated with such a program, and give pro- ducers a market incentive to design products that are more durable, Tess toxic, and recyclable. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City of Corpus Christi supports passage of State legislation requiring producers of televisions, computers, and other electronic products to participate in take - back recycling programs at the end of the product's useful life. Additionally, the City of Corpus Christi supports passage of State legislation requiring vendors who provide EHres232.doc —157— products to State and local governments, under State -wide procurement guidelines, to take back discarded electronic products at the end of the product's useful life. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 4, 2009 O/ I A II Eliz- S th R. Hundley Assi Want City Attorney for the City Attorney EHres232.doc —158— Henry Garrett Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHres232.doc -159- 13 AGENDA MEMORANDUM DATE: May 12, 2007 SUBJECT: Request for waiver of City Ordinance Chapter 35, Section 35- 111(2) AGENDA ITEM: Motion granting a waiver to Cinco Natural Resources Corporation ( "Cinco ") to exceed the maximum dimensions of a well structure, as stated by the Code of Ordinances, Chapter 35, Section 35- 111(2), upon a showing by Cinco that the environment, public health, safety, and welfare are adequately protected, and to allow the placement in a marine area of two well structures each measuring approximately eight feet by sixty feet (8' x 60'). ISSUE: Cinco Natural Resources Corporation has constructed a well structure with dimensions of 8 feet in width by 60 feet in length at their existing State Tract 345, Well No. 2 surface location and has requested to construct an additional well structure with the same dimensions at the proposed State Tract 344, Well No. 3 surface location. REQUIRED COUNCIL ACTION: To grant or deny request for waiver to exceed the maximum dimensions of a well structure at State Tract 345, Well No. 2 and State Tract 344, Well No. 3 in accordance with City Ordinance Chapter 35, Section 35 -9, entitled "Waiver by city council." The ordinance allows any and all provisions of Chapter 35, Oil and Gas Wells, to be waived by the City Council upon a showing by the applicant to the satisfaction of the City Council that the planned manner of operation by the applicant or the equipment to be used by the applicant will adequately protect the environment, public health, safety and welfare. RECOMMENDATION: Approval of the motion as presented. Additional Support Material 1. Exhibit A - Background Information 2. Exhibit B - Letter of Request 3. Exhibit C - Site Maps eborah A Marroquin, P.E. Director of Gas Services -163- BACKGROUND INFORMATION Prior Council Action: On August 31, 1984, City Council increased the maximum length of a bay well structure from twenty two feet to 30. Background Information: The City Code of Ordinances, Chapter 35, Section 35- 111(2), limits well structures in all marine areas to maximum dimensions of twelve (12) feet width by thirty (30) feet length including boat landings. Cinco Natural Resources Corporation has constructed a well structure with dimensions of 8 feet in width by 60 feet in length at their existing State Tract 345, Well No. 2 surface location and has requested to construct a well structure with the same dimensions at the proposed State Tract 344, Well No. 3 surface location. They are requesting a waiver for both sites based on their operational standpoint that it will be more efficient and practical for the installation. See Exhibit "B ". A review of the request and applicable information shows there is no significant impact to the environment, public health, safety and welfare as a result of the existing and proposed structures. The installations are outside the "cluster area" in Corpus Christi Bay. See Exhibit "C" (1 &2 of 4). The well structures are not easily seen from any shore that is not industrial or uninhabited at this time. They are in an area of the bay where several structures have been removed over the years so there is not a problem for boats to navigate around the structures due to overcrowding. The applicant will be required to install all safety lighting and signage in accordance with State and local regulations. The Oil and Gas Advisory Committee held a public hearing on April 22, 2009, to consider a request for a waiver to exceed the maximum dimensions of a well structure at State Tract 345, Well No. 2 and State Tract 344, Well No. 3, in accordance with City Ordinance Chapter 35, Section 35 -9, "Waiver by city council." The ordinance allows any and all provisions of Chapter 35, Oil and Gas Wells, be waived by the City upon a showing by the applicant to the satisfaction of the City Council that the planned manner of operation by the applicant or the equipment to be used by the applicant will adequately protect the environment, public health, safety and welfare. The committee unanimously agreed that the request for a waiver be approved and granted by the City Council as applied for. Economic and Environmental Impact: If approved, the cost of dual flow lines to the existing production platform as well as the environmental impact on the bay would be reduced by being able to use the existing six (6) inch line as a common gathering line. See Exhibit "C" (3 of 4) Staff Recommendation: Staff recommends the request for a waiver be granted based on a showing that the planned manner of operation by the applicant and the equipment to be used by the applicant will adequately protect the environment, public health, safety and welfare. EXHIBIT A -164- Cinco Natural Resources Corporation City Of Corpus Christi 4255 S. Port Ave. Corpus Christi, TX 78415 Attention: Ricardo Guzman Petroleum Superintendent March 26, 2009 Subject: Request for City Council to grant a variance for the dimension of ST345 -2 & ST344 -3 Structure Dear Mr. Guzman ST 345 -2 was drilled under City of Corpus Christi permit no 1614. A well structure at the well site was constructed to dimensions 8' x 60' and completed January 6`h, 2009. Corps of engineers permit SWG- 2007 -00859 approved said dimension of structure, see enclosure. We are requesting the city council grant a variance to the city's ordinance for structure limits. At the time we were unaware that the Code of Ordinances City of Corpus Christi 35- 111(2) states a maximum dimension of 12' x 30'. We are also requesting the city council grant a variance for the structure for ST344 -3 which an application for Corps of engineers permit was submitted on February 6`h, 2009. The 8' x 60' structure is required because it is necessary from an operational standpoint to use a common 6" flowline that is 7,600' long from the wells to ST348 Production Platform. This flowline will be used for both the ST345 -2 & ST344 -3. To do so, we must separate and meter the gas and liquids at the well site rather than the production platform. The production from each well will then be comingled down the common line. That requires we also have a separator and line heater on each individual well structure. When ST344 -3 is drilled and completed, the production will go to the ST345 -2 well and tie into the common 6" line that flows to the ST348 production platform. As you can see in the Corps permitted plans a structure of dimensions 8' x 60' is required for each well to house the necessary equipment. The required dimensions are also as such, to accommodate a workover rig to be able to position itself on top of the wellhead (Christmas Tree) without having to remove the separator placed at the opposite end of the well structure. Furthermore, there are safety issues to consider. With several pieces of equipment on a narrow structure, sufficient space is required between the equipment to work and move about. 2626 Howell Street Suite800 Dallas, TX 75204 EXHIBIT B Not to mention that a line heater produces some heat and therefore it is best to allow adequate space between it and the separator and wellhead. If you have any questions please feel free to call me at your convenience. Sincerely, Cee Eric Leuenberger Operations Engineer Cinco Natural Resources Corporation —166— REPLY TO ATTENTEN OR Regulatory Branch DEPARTMENT OF THE ARMY GALVESTON DISTRICT, CORPS OF ENGINEERS 5151 FLYNN PARKWAY A308 CORPUS CHRISTI, TX 784114318 August 1, 2008 SUBJECT: Permit Application — SWG- 2007 -00859 Laura Fox Belaire Environmental, Inc. PO Box 741 Rockport, Texas 78381 Dear Ms. Fox: Reference is made to a letter, dated July 7, 2008 wherein you requested to amend Permit Number SWG- 2007 - 00859, which authorizes you to install protective structures associated with Well Nos. 2 & 3 at approximately 8 feet wide by 48 feet in length. Your request is to increase the permitted structures in length by approximately 12 feet, bringing the total dimensions to 8 feet wide by 60 feet in length. The project is located in Corpus Christi Bay in State Tract 345, Nueces County, Texas. We have reviewed the revised information and have amended your authorization accordingly. The enclosed revised plan sheet, dated July 9, 2008, supersedes Page 5 of 6 of our original authorization. All conditions of permit SWG- 2007 -00859 remain in full force and effect, including the expiration date of the permit. A copy of your revised plans is enclosed. This letter also contains an approved jurisdictional determination for your subject site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a combined Notification of Administrative Appeal Options and Process (NAP) and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the Southwestem Division Office at the following address: James E. Gilmore, Appeal Review Officer Southwestern Division, CESWD -CMO -E 1100 Commerce Street, Suite 831 Dallas, Texas 75242 -0216 Telephone: 469 - 487 -7061; FAX: 469 - 487 -7190 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 C.F.R. part 331.5, and that it has been -167- received by the Division Office within 60 days of the date of the NAP. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. Please contact us on the completion of the work. A pre- addressed postcard is enclosed for your convenience. FOR THE DISTRICT ENGINEER: Enclosures Copies Furnished: Ed Travis Cinco Natural Resources Corporation 2626 Howell Street, Suite 800 Dallas, Texas 75204 Llo6yd Mullins, S pervisor Corpus Christi egulatory Field Office —168— PERMITTED PLANS t. istmas 0 Tree 0 0 0 Plan TYPICAL WELL HEAD' PROTECTOR, HEATER, +1 -50' &SEPARATOR 0 0 0 0 Heater 11111 .I.F 0 PLA 0 CH L TMAS RUB TREE U S COAST GUARD APPROVED NAVIGATION LIGHT Section NOT TO SCALE Heater Separator 0' ING STRIP Bay Botto -9.8 FT MLLW (typical) OWER LOW WATE Shall or Washed Gravel Fill Proposed ST 345, Well Nos. 2 & 3 and Pipeline Tie -Ins, Corpus Christi Bay, Nueces County, Texas Ed Travis Cinco Natural Resources Corporation 2626 Howell Street, Suite 800 Dallas, Texas 75204 Agent: BELAIRE ENVIRONMENTAL, INC. P.O. Box 741 Rockport, TX 78382 April 24, 2007 Page of l0 Revised July 9, 2008 -169- • Date:1 August 2008 Cvp.t1VtLL14. ...navy 1/4444/141 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION��ww E .iv,. B 9 d'�F d 1 f E IY `70 { �µ �n _aa �d4 G3 Y .� l £I4 � J Ltr 1,� fl ? Pi J 1¢� G� lL �rjuE Tin`:i1 Y® F 3+ ifif 718 �I A Aial Oal'F4 B ,y f 1Y� 40 i >A 6 0 i y� 0� C - {„ca —, ��y i .li+ f f } 7. (. _x.t f§1'- -, ...;:�.k�:lf. z,.u^ -.q., yl.. r l t-;zsz�'-e Sr.J _1.'Yt..1:. -a? A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved jurisdictional determination (JD) or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. —170— —171— °.;?. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clari the location of information that is already in the administrative record. If process Lloyd U.S. Corpus 5151 Corpus Telephone: _« 1� v v }t �l E 7„^ 4A hvl2 ?..57"F mg zai, el 'vJ..6: If you only have questions regarding also contact: James E. Gilmore, Appeal Review CESWD- PDS -O, 1100 Commerce Suite 831 Dallas, Texas 75242 -1317 Telephone: 469 -487 -7061; FAX Email: James .E.Gimore@swd02.usace.army.mil �J �� y ' you have questions regarding this decision and/or the appeal you may contact: Mullins, Leader Army Corps of Engineers Christi Regulatory Field Office Flynn Parkway, Suite 306 Christi, Texas 784114318 361- 814 -5851 the appeal process you may Officer Street 469-487-7189 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or authorized agent. —171— VICINITY MAP T r GRAPHIC SCALE EXISTING 345 -2 \. 13000' 26000' 0 -ei 31 e9 / 4,p REk PROPOSED 344 -3 P O R T L A N D no englneerin9- dMng- surveying CINCO NATURAL RESOURCES CORPORATION 2626 HOWELL STREET, SUITE 800 DALLAS, TEXAS 75204 SOLE. AS SHOWN DRAWN BY: 'mPNovto BY: DW AEF E nedig- Drnng- Suneyng P.O.Bex 2927, Corpus CMeti, Texas PROPOSED WELL 344 WELL NO. 3 VICINITY MAP CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS 79403 e20 Gordo os7 DAZE: APRIL 2009 JOB NO. 676 -09030 9Htti Nu. OF 3 1 Cmm;, texas 78401 pone: 361.087.8851 ras 361.997.8955 e-„w: e-inc.com -iN.w„ =Y1-IIRIT f : CNFFT 1 CIF 4. 01 MAY 2009 TIME: 13:15 6 ° VICINITY MAP PORT ARANSAS 326 327 328 337 336 0 o 6. i i / 34/4 EXISTING 345 -2 348 392 PROPOSED SURFACE LOCATION STATE TRACT 344 WELL NO. 3 X = 2,440,071 Y = 785,365 391 I 390 I 389 be EXISTING PLATFORM 348 38710 Q ■ 399 400 /J0 8 0 401 402 4({3 40b 1b PORT INGLESIDE 415 414 413 ,/ 412 411 410 LINES / 6 426 18 . /CLUSTgR AREA / / 448 447 / / 18 3 442 446 444 GRAPHIC SCALE 0 6000' 12000' rye erlgNloeAngdMng- BUrveying CINCO NATURAL RESOURCES CORPORATION 2626 HOWELL STREET, SUITE 800 DALLAS, TEXAS 75204 SCALE: AS SHOWN MOWN Se APPROVED BY: DW PROPOSED WELL 344 WELL NO. 3 VICINITY MAP CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS .O.Box 2927. Caps CClink Texm 78403 820 BdNbW ceps pp iTiiNi. [Alt: AEF APRIL 2009 JOB NO. SNttf NO. 2 OF 3 Tams 78401 pSone: 361.887.8851 For 381.887-0855 e-ITd: raNw -6xsom m+w+s.mn EXHIRIT R CI -IFPT 9 nG A 676 -09030 Permit \3 -MG )AAPAwq DW DATE 01 Ll4Y 2009 TIME: 1 i✓ AREA MAP PROPOSED ST 344 WELL NO. 3 SURFACE LOCATION X =24400711 Y= 785365 LAT 27'4915.91 LONG 97'08'19.79" EXISTING ST 345 WELL NO. SURFACE LOCATION X= 24401581 Y= 785216 LAT 27'4914.42 LONG 9708'18.84" EXISTING 6 GATHERING LINE 'ME 93:9 -4 WELL 4392 -7 7:•al 0195 -5 PLATFORM ;343 W_IL 049 -7 PLATFORM #348\ GRAPHIC SCALE 1500' 3000' 1 we englneedngdMng- surveying CINCO NATURAL RESOURCES CORPORATION 2626 HOWELL STREET, SUITE 800 DALLAS, TEXAS 75204 SCALE: AS SHOWN 'DRAWN BY: DW PROPOSED WELL 344 WELL NO. 3 AREA MAP CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS RVE - Fn melt -»» i.g-S,smig P.O.Bm 2927. Caws CNUl, Taw 78403 820 B&IISb p.00Orrnp Tom 78401 phase. 3618873651 lac 361.887.8955 CVU101T r APPROVED BY: DATE: AEF APRIL 2009 JOB NO 676 -09030 SHEET NO. 3 OF 3 emm2: neen.tOom vn.oc-Nc.com CUCCT 4 !1C A - .. vo TYPICAL WELL HEAD' Plan PROTECTOR, HEATER, +/-10' + / -50' & SE PARATOR___. I 1 r 8 T 1 U000000000000000000 0 PLATFORM 0 0 0 1 Se 0 0 a;or 9istma5 0 n 00000 0 0 Tree- 0 0 0 0 0 0 0 0 0 o 0o 0 0 0 Heater 0 0 0 0 0 0 0 /-1 U S COAST GUARD APPROVED NAVIGATION LIGHT 4_ NOT TO SCALE Section CHR1 Separator •'M AS Heater TREE ai •Dr o p 4 = 1-1 _ I 1 1 f I 1 1 1 1 1 1 1 I— I- I I 1 1 RUB e +/-5f4 1 I s MEAN LO WER. LOW WATER :1NG STRIP Shell or Washed Gravel Fill Bay Bottom -9.8 FT MLLW (typical) • •• Proposed ST 45, Well Nos. 2 & 3 and Pipeline Tie -Ins, Corpus Christi Bay, Nueces County, Texas Ed Travis Clow Natural Resources Corporation 2626 Howell Street, Suite 800 Dallas, Texas 75204 Agent: BELAIRE ENVIRONMENTAL, INC. P.O. Box 741 Rockport, TX 78382 April 24, 2007 Pag 'Jof Revised July 9, 2008 —175— CY4dI1:tIT C CI -IPPT d (lF d 14 AGENDA MEMORANDUM DATE: April 28, 2009 SUBJECT: Cefe Valenzuela Landfill Section 4B - Change Order No. 1 (Project 5240) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for excavation of storm water intercept ditches on west side of Channel "6" and construction of four (4) rip rap spillways on west side of Channel "B ", outfall repairs, 850 linear feet of tall trash containment fence and driveway improvements to protect the City's assets, and assure TCEQ Permit compliance in an amount not to exceed $232,146.00 for a restated not to exceed fee of $2,051,951.50 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4B Liner & Leachate Collection System - Project # 5240. ISSUES: Overland sheet flow runoff of storm water from the west is causing erosion affecting Storm Water Channel "B ". The erosion must be controlled through the construction of storm water intercept ditches and rip rap spillways. RECOMMENDATION: Approval of the motion as presented. (�-Pe e Anaya P.E. Director - Engineering Services Attachments: a. Additional Information b. Change Order Summary c. Site Map Ai4IUt Lawrence Mikolalczyk Director of Solid Waste Services H:\ HOME\ KEVINS\ GEMLANDFILL \Valenzuelacell4B \C01 Memo.doc -179- ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 1 (Project 5225) Change Order: The change order provides for: • the excavation of 3,770 -If of storm water intercept ditches; • installation of four (4) rock rip rap spillways (approximately 2,640 SY) with a non -woven geo- textile fabric on the west side of Storm Water Channel "6" the project; • installation of an end wall at storm water outfall spillway the to address erosion during flood and overtopping events; • installation of tall (18 -ft) trash fence on north side of landfill (approx. 850 -If) for additional blowing trash control as required by TCEQ Permit; and • driveway improvements to the KEDT transmitter yard required as part of the City's lease agreement KEDT for permission to mount the Cefe Valenzuela microwave communication antenna on the tower. A summary of the change order is attached. See Exhibit B. The Change Order price utilizes the contract unit quantity price, and is equivalent to bid prices on previous contracts for work not originally bid as part of this contract. PRIOR COUNCIL ACTION: January 8, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of $197,000.00 for design, bid and construction phase services for construction of disposal Cells 4A and 4B at Cefe Valenzuela Landfill (M2008 -005). January 13, 2009 - Motion authorizing the City Manager, or his designee, to execute a contract with Longhorn Excavators, Inc. of Richmond, Texas, in the amount of $1,923,805.50 for construction of Cefe F. Valenzuela Landfill Sector 4B Liner & Leachate Collection System & Storm Water Pond No. 1 (M2009 -003). FUTURE COUNCIL ACTION: Approval of change orders that may be required. RECOMMENDATION: Approval of motion as presented. FUNDING: Funding is available from the Sanitary Landfill 2008 CIP Funds. Exhibit "A" Page 1 of 2 • H: WOME\ KEVINS\ GEMLANDFILL\ ValenzuelaCe114B \CO1BkgExl.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET MAY 12, 2009 PROJECT: Cefe F. Valenzuela Landfill Section 4B Liner & Leachate Collection System Project# 5240 APPROVED: Motion No. M2009 -003 01/13/09 CONTRACTOR: Longhorn Excavators, Inc. 8653 F.M. 2775 Road Richmond, TX 77469 TOTAL CONTRACT AMOUNT 1,923,805.50 25% Limit Amount 480,951.37 Change Order No. 1 (04/28/09) 233,146.00 Total 233,146.00= 12.07% < 25% —181— Exhibit B Page 1 of 2 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 FUNDING SOURCE: 550910 - 3365 - 00000 - 195005 CONTRACT TIME: 100 C.D. Operating Department: Engineering Services DATE: May 12, 2009 Name of Project: Cefe F. Valenzuela Landfill Section 4B Liner & Leachate Collection System — Project # 5240 Contractor: Longhorn Excavators, Inc. CHANGE AS FOLLOWS: ADD DEDUCT 1. the excavation of 3,770 -If of storm water intercept ditches @ $5.50/If $ 20,735.00 2. installation of three (4) rock rip rap spillways (2,640 SY @ $29.00 per SY) $ 76,560.00 3. perform outfall repairs for installation of end wall $ 67,404.00 4. provide miscellaneous driveway repairs to KEDT compound per lease agreement $ 15,804.00 5. install tall (18 -ft) trash fence on north side of landfill (approx. 850 -If) for additional blowing trash control as required by TCEQ Permit $ 51,643.00 Total $232,146.00 Why was this change necessary? (If left off the plans and specifications, explain why) Items 1 & 2 - TCEQ Permit requires no diversion of area runoff from neighboring properties. Off site flows began to concentrate into four points causing erosion as flow entered drainage channel. Condition did not exist at time the plans were prepared and the project bid. Item 3 — Eroision undermined concrete slope protection requiring repair to prevent further damage. Items 4 & 5 self explanatory. How cari similar changes be avoided in the future? Unavoidable. A. CONTRACT PRICE $ 1,923,805.50 B. TOTAL CHANGE ORDER (inc. current) $ 232,146.00 C. NEW CONTRACT PRICE $ 2,155,951.50 D. THIS CHANGE ORDER $ 232,146.00 E. PERCENT TOTAL CHANGE (B /A) 12.07% Project Engineer F. PREVIOUS ADDN'L TIME AUTHORIZED 0 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 30 CD H. TOTAL ADDITIONAL TIME 30 CD CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: Title: Operating Department Director of Management & Budget Legal Department -182- Exhibit B Paae 2 of 2 \ Mproject \ councilexhibits \ exh5240e. d wg NUECES BAY FM 665 J.C. ELLJOTT LANDFILL F.N. 43 NUECES F.M. 665 COUNTY CABANISS FlEID F.M. 20 F.M. 18 CEFE F. VALENZUELA MUNICIPAL. LANDFILL F.M. 14 8 PROJECT NO. 5240 SITE LOCATION MAP NOT TO SCALE EXHIBIT "C" CEFE VALENZUELA LANDFILL SECTION 4B - CHANGE ORDER NO. 1 —1RR- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04/29/2009 15 AGENDA MEMORANDUM City Council Action Date: May 12, 2009 SUBJECT: Mary Rhodes Pipeline Cathodic Protection 2009 Project No. 8679 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Russell Corrosion Consultants Inc. of Simpsonville, Maryland, in the amount of $126,550.10 for the Mary Rhodes Pipeline Cathodic Protection 2009 project. ISSUE: The design services include necessary repairs and additions identified in the 2005 and 2008 survey reports for the corrosion protection systems for the Mary Rhodes Pipeline. Included are 19 new test stations and repairs at an additional 7 test stations. In conjunction with construction phase (acceptance testing) services for the new and repaired test stations, the periodic monitoring survey of the entire corrosion protection system on the Mary Rhodes Pipeline will be conducted. The monitoring survey is performed to verify the continued effective operation of the corrosion protection systems on the pipeline and to monitor stray current levels. Included are the 19 new installations, 7 repaired test stations, 4 Guadalupe River and Barge Canal test stations, and the remaining 387 corrosion control /monitoring test stations. FUNDING: Funding is available through the Water Operating Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Gusta o Gonzale Direct. of Water ' ervices Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H1HOME\Rachelle \GEMWaterWary Rhodes Pipeline \8679 - Cathodic Protection-249807mM Memo aoc Pete Anaya, P.E. Director of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Mary Rhodes Pipeline Cathodic Protection 2009 Project No. 8679 PROJECT DESCRIPTION: The proposed Contract for Professional Services is to provide design, bid, construction, and acceptance testing /annual survey services for the recommendations made in the 2005 (Project No. 8529) and 2008 (Project No. 8626) Russell Corrosion Consultants, Inc., survey reports for the Mary Rhodes Pipeline. The purpose of the proposed follow -up engineering services is to provide for the mitigation and /or continued mitigation of stray current at the 17 locations identified in the 2005 survey report and the 2 new locations identified in the 2008 survey report. Services would also include provisions for the repair and /or replacement of test facilities at 7 existing locations identified in the 2008 survey report. CONTRACT DESCRIPTION: The consultant, Russell Corrosion Consultants, Inc., will perform the following tasks. The design phase will include the preparation of plans, specifications, and details in a single package suitable for construction bidding purposes. A 90 %, 100 %, and final design package will be submitted for review and comment by the City. A detailed construction cost estimate that includes the cost of materials and labor for the Mary Rhodes Pipeline will be submitted. Basic Services: A. Preliminary Phase — Not Applicable B. Design Phase 1. Conduct a project kick -off meeting with City engineer to discuss the plan of action and overall project schedule. 2. Prepare in 90% format, plans, specifications, and details for corrosion protection systems for a single construction contract that includes the recommendations from the 2005 Survey (Project 8529) and the 2008 Survey (Project 8626). The recommendations include the installation of CMS 6 (Anode) test stations at 19 locations, the replacement of test wires at 3 CMS 1 (Line Current) test stations, and the repair of broken test wires at 4 CMS 1 test stations. Review the 90% design documents with City engineers. 3. Prepare 100% design documents that incorporate written and /or verbal comments from the City. 4. Provide final signed and sealed design documents for duplication by the City. C. Bid Phase 1. Attend pre -bid meeting and bid opening. 2. Prepare addenda in City format. 3. Review and analyze contractor bids and recommend contract award. 4. Make revisions for re- advertisement. EXHIBIT "A" Page 1 of 3 H:WOMEIRachelle \GEMWatariMary Rhodes Pipelinel8679.Cathodic Protectio➢21086frptle Background.doc D. Construction Phase 1. Review material submittals for the corrosion protection systems. Provide review comments in a format acceptable to the City. 2. Attend pre- construction meeting. 3. Conduct one site visit during the installation of the cathodic protection systems. 4. Provide interpretations /clarifications of plans /specifications and prepare change orders in City format. 5. Prepare record drawings utilizing the contractor's red line mark -ups. Additional Services: Acceptance Testing /Annual Survey Phase 1. Evaluate the effectiveness of the cathodic protection for two (2) steel water crossings. Testing will include the following: a. Pipe -to -earth "On" and "Instant Off" potential measurements on both sides of the insulating flanges at each of the four (4) test stations. b. Anode current output measurements at each of the four (4) test stations. c. Anode -to -earth potential measurements with the anodes temporarily disconnected at each of the four (4) test stations. 2. Conduct pipe -to -soil potential measurements with anode current cycled "On" and "Instant Off' and obtain anode current output measurements at the fifty -one (51) existing and nineteen (19) new CMS 6 test stations to verify effectiveness. 3. Evaluate current flow on the piping at the forty -three (43) CMS 1 (Line Current) test stations (36 existing and 7 repaired). The detailed evaluation will include the following: a. Measurement of pipe -to -soil potentials at each test station. b. Measurement of the pipeline resistance between the IR drop test wires and calculation of current flow magnitude and polarity. 4. Conduct pipe -to -soil potential measurements at the remaining 300 test stations (various types) to verify that stray current levels have not increased. The 300 test stations included have not been evaluated since 2003. 5. Analyze field data and prepare a preliminary engineering report that includes field data; conclusions; and pertinent, detailed recommendations with cost estimates, with respect to future testing and modifications to the corrosion control system as required in specific areas. The report will include conclusions regarding the installation of the new corrosion protection facilities with respect to compliance with the project specifications. 6. Attend a meeting with the City of Corpus Christi to discuss the preliminary report and prepare a final report that incorporates comments from the City. H:WOME\Reehelle\GEMWeIeriMery Rhodes Pipeline18679- Cathodic Proledion PBB ee•Backgroune.00c EXHIBIT "A" Page 2 of 3 PROJECT BACKGROUND: After the 64 -inch, Mary Rhodes Pipeline was constructed from Lake Texana to Corpus Christi, a corrosion survey was performed at foreign pipeline crossings along the 105 miles of pipeline. Russell Corrosion Consultants (RCC) designed the fifty (50) stray current mitigation stations to offset the electrical current being imposed by other intersecting pipelines. These stations will be monitored as required, and measurements from the test stations will be gauged to ensure the effectiveness of the systems in use, thereby prolonging the durability and life expectancy of the pipeline. H:WOME\Rache11e1GEMWatetWary Rhodes Pipeline18879- Cathodic Protection 1X9-gaeda Rackground.doc EXHIBIT "A" Page 3 of 3 PRIOR ACTIONS SUBJECT: Mary Rhodes Pipeline Cathodic Protection 2009 Project No. 8679 PRIOR COUNCIL ACTION: 1. A. July 22, 2008 — Ordinance adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2008; to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 027776) B. July 22, 2008 — Ordinance to ratify increase of $5,150,870 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2008 -2009 Operating Budget. (Ordinance No. 027777) PRIOR ADMINISTRATIVE ACTION: 1. March 24, 2008 — Approval of Small Agreement for Architect/Engineer Consultant Services in the amount of $48,424.17 with Russell Corrosion Consultants Inc. for the Mary Rhodes Pipeline Corrosion Monitoring Survey 2008 (Project No. 8626) for periodic corrosion monitoring survey. —191— H:IHOMEIRachelle \GEN Water%Mary Rhodes Pipeline18679- Cathodic Proleclion 20091Prior Actions.cloc CONTRACT SUMMARY SUBJECT: Mary Rhodes Pipeline Cathodic Protection 2009 Project No. 8679 The design services include necessary repairs and additions identified in the 2005 and 2008 survey reports for the corrosion protection systems for the Mary Rhodes Pipeline. Included are 19 new test stations and repairs at an additional 7 test stations. In conjunction with construction phase (acceptance testing) services for the new and repaired test stations, the periodic monitoring survey of the entire corrosion protection system on the Mary Rhodes Pipeline will be conducted. The monitoring survey is performed to verify the continued effective operation of the corrosion protection systems on the pipeline and to monitor stray current levels. Included are the 19 new installations, 7 repaired test stations, 4 Guadalupe River and Barge Canal test stations, and the remaining 387 corrosion control /monitoring test stations. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Monday May 18, 2009 Notice to Proceed Monday June 8, 2009 Conduct Kick -Off Meeting Friday July 24, 2009 Submit 90% Plans Monday August 7, 2009 City Review Complete Friday August 21, 2009 Submit Final Plans Friday September 11, 2009 Submit Bid Plans Monday (2) Sept. 21 & 28, 2009 Advertise for Bids Wednesday October 21, 2009 Receive Bids Monday November 23, 2009 Begin Construction Weekday April 2, 2010 Construction Completion Friday April 2, 2010 Acceptance Testing Complete Friday June 25, 2010 Annual Survey Complete H:IHOME Rachelle\GEMWelerlMary Rhodos Pipeline16679- Cathodic Prolechoo.21392Iac* Summary.doc 4. FEES The estimated cost of construction for Mary Rhodes Pipeline Cathodic Protection 2009 is $239,000. The basic services fee proposal for this project is $60,658.44. Therefore, the percentage of basic engineering services cost to construction cost is 25.4 %. Regarding the design cost as a percentage of construction, cathodic protection designs are typically higher as a percentage of construction than most other types of projects. Although cathodic protection materials are very inexpensive, the design of the system is labor intensive. In this case, the cathodic protection /stray current mitigation is being installed as an improvement for an existing structure so the overall construction cost is relatively small. While the excavation as well as the material costs are relatively low, there are still fixed costs associated with the design services. Those fixed costs include data collection for design, design calculations that are specific to each site with anodes, system layouts, and preparation of details, specifications, and cost estimates. H:IHOME'Rathe11e \GEMWaIerlMary Rhodes Pipeline18679.Cathodic Protection addtegr ash Summery.doc ORIGINAL CONTRACT TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $0.00 2 Design Phase 31,312.32 31,312.32 3 Bid Phase 10,783.72 10,783.72 4 Construction Phase 18,562.40 18,562.40 Subtotal Basic Services 60,658,44 60,658.44 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 3 Topographic Survey 0.00 0.00 4 Environmental Issues 0.00 0.00 5 Construction Observation Services 0.00 0.00 6 Start-Up Services 0.00 0.00 7 Warranty Phase 0.00 0.00 8 Acceptance Testing /Annual Survey Phase 65,891.66 65,891.66 Subtotal Additional Services 65,891.66 65,891.66 TOTAL AUTHORIZED FEE $126,550.10 $126,550.10 The estimated cost of construction for Mary Rhodes Pipeline Cathodic Protection 2009 is $239,000. The basic services fee proposal for this project is $60,658.44. Therefore, the percentage of basic engineering services cost to construction cost is 25.4 %. Regarding the design cost as a percentage of construction, cathodic protection designs are typically higher as a percentage of construction than most other types of projects. Although cathodic protection materials are very inexpensive, the design of the system is labor intensive. In this case, the cathodic protection /stray current mitigation is being installed as an improvement for an existing structure so the overall construction cost is relatively small. While the excavation as well as the material costs are relatively low, there are still fixed costs associated with the design services. Those fixed costs include data collection for design, design calculations that are specific to each site with anodes, system layouts, and preparation of details, specifications, and cost estimates. H:IHOME'Rathe11e \GEMWaIerlMary Rhodes Pipeline18679.Cathodic Protection addtegr ash Summery.doc File : \Mproject \councilexhibits \exh8679.dwg CHOKE CANYON RESERVOIR LAKE TEXANA THREE ERS GEORGE WEST 1 MARY RHODES PIPELINE WOODSBORO BLOOMINGTON MATHIS PROJECT #8679 N ON STEVENS WATER PLANT CORPUS CHRISTI LOCATION MAP Not To Scale EXHIBIT 'D' MARY RHODES PIPELINE CATHODIC PROTECTION 2009 -194- CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 23 -04 -2009 16 AGENDA MEMORANDUM City Council Action Date: May 12, 2009 SUBJECT: Doddridge Street Improvements — Ocean Drive to South Staples Street Project No. 6273 / CIP No. ST 05 - BOND ISSUE 2004 AMENDMENT NO. 4 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, of Corpus Christi, Texas, in the amount of $126,850 for a restated fee of $871,855 for Doddridge Street Improvements — Ocean Drive to Staples Street for continued construction observation of the project. (BOND ISSUE 2004) ISSUE: The construction contract for the Doddridge Street improvements project was approved by the City Council on September 11, 2007. The third phase of the construction, which consists of improvements on Doddridge from Alameda to Staples, is underway. The project is scheduled to be completed by December 31, 2009. Since the scope of the project was expanded prior to construction, additional construction observation is required. This proposed amendment to the contract for professional services with Goldston Engineering (a CH2M Hill Company) will provide the additional construction observation. FUNDING: Funding is available from the FY 2009 Capital Improvement Program budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Location Map H: UWME1Radre IleIGENlslreels162 73- DoddridgelAmd. Na 41Agenda Mamo.doe- 197— AGENDA BACKGROUND INFORMATION SUBJECT: Doddridge Street Improvements — Ocean Drive to South Staples Street Project No. 6273 / CIP No. ST 05 - BOND ISSUE 2004 AMENDMENT NO. 4 DESCRIPTION: The proposed Amendment No. 4 is for continued construction observation of the project for the period of March 1, 2009 through December 31, 2009 with Mr. Philip L. Boehk, P.E., of Goldston Engineering (a CH2M Hill Company), who is assigned as the City's project representative. This additional construction observation is necessary because when this project was first scoped for the 2004 Bond Issue, it was for street reconstruction with the removal and replacement of selected sections of curb and gutter and sidewalk, and with only minor amounts of utility work. That is how the original A/E contract with Goldston Engineering was approved on May 10, 2005. At that time, the construction time was estimated to be 52 weeks with 20 hours per week of construction observation and inspection. As the project proceeded in scoping and design, it was decided to change the street work to a total reconstruction with all new curb and gutter and sidewalks. In addition, major storm water improvements were added. The resulting project then had a new construction time of 85 weeks. Since then, another 10 weeks of work have been added because of change orders. Therefore, the total construction time is now scheduled to be 95 weeks, an increase of 43 weeks from the original anticipated project. This contract amendment is to cover the additional 43 weeks with 20 hours per week (for a total of 860 hours) of construction observation and inspection and two hours per week (for a total of 86 hours) for staff support. PROJECT BACKGROUND: This 2004 Bond Issue project consists of the reconstruction of Doddridge from Ocean Drive to South Staples Street. The reconstruction of Weber from SPID to Staples was completed under Bond Issue 2000. The current project will be completed in three phases and will require street closures to all through traffic on Doddridge. ➢ Phase I work (COMPLETE) on Doddridge was from Ocean Drive to Sante Fe and included an underground storm water outfall on Denver from Doddridge to the Brawner Proctor trunk main. > Phase II work (COMPLETE) was from Sante Fe to Alameda and included a storm water outfall along Topeka from Doddridge to the Brawner Proctor trunk main. > Phase III will complete the project on Doddridge from Alameda to Staples and will require partial closure of Staples for a storm water outfall from Doddridge to the Brawner Proctor trunk main. BOND ISSUE 2004 BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider several ballot propositions to fund major capital improvements. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —198— PRIOR PROJECT ACTIONS SUBJECT: Doddridge Street Improvements — Ocean Drive to South Staples Street Project No. 6273 / CIP No. ST 05 - BOND ISSUE 2004 AMENDMENT NO. 4 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. May 10, 2005 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Goldston Engineering in the amount of $670,215 for the Doddridge Street Improvements from Ocean Drive to South Staples Street (BOND ISSUE 2004). (Motion No. 2005 -135) 4. September 11, 2007 - Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $8,084,452.10 for the Doddridge Street Improvements — Ocean Drive to South Staples Street (BOND ISSUE 2004). (Motion No. 2007 -238) 5. September 11, 2007 - Motion authorizing the City Manager or his designee to execute a Construction Materials Engineering Laboratory's Inspection and Materials Testing Services Agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount of $59,959 for the Doddridge Street Improvements — Ocean Drive to South Staples Street (BOND ISSUE 2004). (Motion No. 2007 -239) 6. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No: 028006) 7. January 20 2009 - Motion authorizing the City Manager or his designee to execute Change Order No. 13 to the construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $98,679.85 for a restated amount of $8,407,307.89 for the Doddridge Street Improvements — Ocean Drive to South Staples Street project to expedite construction at the Alameda intersection and southward past the commercial development, improved traffic control and better access to the area businesses during construction (BOND ISSUE 2004). (Motion No. 2009 -017) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. May 17, 2005 — Administrative approval of a small geotechnical testing agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount —199— H9HOME1 Ratlwlle \GEMStreets16273.DoEtlridge1Antl. No. 4Whor Actions doc of $17,902 for the Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE 2004) 5. January 2, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Goldston Engineering in the amount of $24,805 for a total restated fee of $695,020 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for the addition of a storm water conveyance system (5 -year storm event) at the Delaine/Topeka Street area (BOND ISSUE 2004). 6. February 19, 2007 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with Goldston Engineering in the amount of $24,880 for a total restated fee of $719,900 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for the addition of a storm water conveyance system (25 -year storm event) at the Denver Street area and off -site ADA access across Ocean Drive to Doddridge Park (BOND ISSUE 2004). 7. December 4, 2007 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with Goldston Engineering in the amount of $25,105 for a total restated fee of $745,005 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for the re- design /re- alignment of the drainage conveyance system at Denver Street (BOND ISSUE 2004). 8. February 11, 2008 — Administrative approval of Change Order No. 1 to the contract with Haas - Anderson Construction, Ltd. in the amount of $21,638.50 for a restated fee of $8,106,090.60 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for changes in alignment and configuration of the storm sewer system on Denver Street (BOND ISSUE 2004). 9. February 26, 2008 — Administrative approval of Change Order No. 2 to the contract with Haas - Anderson Construction, Ltd. in the amount of $24,840.00 for a restated fee of $8,130,930.60 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for additional sidewalk on the other side of Denver Street and a message alert board to notify vehicular traffic of road closure (BOND ISSUE 2004). 10. April 14, 2008 - Administrative approval of Change Order No. 3 to the contract with Haas - Anderson Construction, Ltd. in the amount of $351.54 for a restated fee of $8,131,282.14 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for various improvements to the wastewater plans to improve the overall project (BOND ISSUE 2004). 11. May 27, 2008 - Administrative approval of Change Order No. 4 to the contract with Haas - Anderson Construction, Ltd. in the amount of $14,237.00 for a restated fee of $8,145,519.14 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for additional work that was necessary for the new traffic signals and street lighting (BOND ISSUE 2004). 12. July 25, 2008 - Administrative approval of Change Order No. 5 to the contract with Haas - Anderson Construction, Ltd. in the amount of $11,365.24 for a restated fee of $8,156,884.38 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for safety end treatments on three drainage outfall structures to prevent access to the structures by children and large animals (BOND ISSUE 2004). 13. August 12, 2008 - Administrative approval of Change Order No. 6 to the contract with Haas - Anderson Construction, Ltd. in the amount of $24,948.07 for a restated fee of $8,181,832.45 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for various items including additional traffic control, inlet modification and relocation of water meters that developed during Phase 1 and required immediate attention to produce the desired results (BOND ISSUE 2004). —200— 14. September 7, 2008 - Administrative approval of Change Order No. 7 to the contract with Haas - Anderson Construction, Ltd. in the amount of $23,498.20 for a restated fee of $8,205,330.65 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for removal and replacement of curb and gutter on Topeka Street (BOND ISSUE 2004). 15. September 25, 2008 - Administrative approval of Change Order No. 8 to the contract with Haas - Anderson Construction, Ltd. in the amount of $19,346.00 for a restated fee of $8,224,676.65 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for curb and gutter enhancements and repairs to additional driveways due to changes in elevations (BOND ISSUE 2004). 16. November 15, 2008 - Administrative approval of Change Order No. 9 to the contract with Haas - Anderson Construction, Ltd. in the amount of $24,440.00 for a restated fee of $8,249,116.65 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for the addition of new sidewalks to Topeka Street due to the poor condition of the sidewalks and the fact that the rest of the street was being reconstructed. This inclusion of this item in the plans makes for a better project. 17. November 21, 2008 - Administrative approval of Change Order No. 10 to the contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $20,938.41 for a restated fee of $8,270,055.06 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for removing and replacing a broken valve on an existing 6" waterline, the removal and replacement of sanitary sewer, including a manhole replacement, to resolve the conflict between the existing sanitary sewer on Aransas Street and the new sanitary sewer installed on Doddridge Street. 18. December 23, 2008 - Administrative approval of Change Order No. 11 to the contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $13,867.98 for a restated fee of $8,283,923.04 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for the intersection opening of Alameda Street to accommodate Lamar Park Shopping Center over the Christmas Shopping period (BOND ISSUE 2004). 19. January 13 2009 - Administrative approval of Change Order No. 12 to the contract with Haas - Anderson Construction, Ltd. in the amount of $24,705.00 for a restated fee of $8,308,628.04 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for providing additional markings, signage and pavement to improve the curb conditions on Doddridge Street between Staples and Alameda (BOND ISSUE 2004). 20. March 13, 2009 - Administrative approval of Change Order No. 14 to the contract with Haas - Anderson. Construction, Ltd. in the amount of $23,460.00 for a restated fee of $8,430,767.89 for the Doddridge Street Improvements — Ocean Drive to South Staples Street for better safety features around the curve on Doddridge between Alameda and Staples (BOND ISSUE 2004). 21. April 6, 2009 - Administrative approval of Change Order No. 15 to the contract with Haas - Anderson Construction, Ltd. in the amount of $24,262.04 for a restated fee of $8,455,029.93 for the Doddridge Street Improvements— Ocean Drive to South Staples Street for various changes to construction based on conditions encountered during the construction operations (BOND ISSUE 2004). 22. April 22, 2009 - Administrative approval of Change Order No. 16 to the contract with Haas - Anderson Construction, Ltd. in the amount of $24,567.99 for a restated fee of $8,479,597.92 for the Doddridge Street Improvements — Ocean Drive to South Staples Street to provide a smoother transition on Santa Fe through the Doddridge intersection and for additional street excavation for acceptable transitions (BOND ISSUE 2004). —201— N: W OMEIRachelle \GENISeeele15273- DoddritlgelAmd. No. 41Prior Aclions.oc \Mproject \councilexhibits \exh6273c. dwg CORPUS CHRISTI' B.ay PROJECT LOCATION PROJECT No. 6273 LOCATION MAP NOT TO SCALE EXHIBIT 'C' DODDRIDGE STREET IMPROVEMENTS OCEAN DRIVE TO SOUTH STAPLES BOND ISSUE 2004 —9f19— CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04/27/2009 WV. U AGENDA MEMORANDUM DATE: May 12, 2009 SUBJECT: Marina Debris Management Plan & Pilot Project - Project No. 3423 AGENDA ITEM: a. Resolution Authorizing the City Manager, or designee, to accept a grant from the Coastal Bend Bays & Estuaries Program, Inc., in the amount of $50,000 fora Marina Debris Management Plan and Pilot Project. b. Ordinance appropriating $50,000 from Coastal Bend Bays & Estuaries Program, Inc., in the No. 1058, Marina Grants Fund for a Marina Debris Management Plan and Pilot Project; and declaring an emergency. ISSUE: The proposed actions are necessary to accept the grant and to proceed with the development of the Marina Debris Plan and Pilot Project. Debris and litter from the City washes into the Marina from Storm Water outfalls. The grant will allow the City to development a management plan and evaluate the pilot project. It is anticipated the pilot project if successful will become a model for other coastal cities. FUNDING: Funding is available upon receipt of the grant and appropriation of funds. RECOMMENDATION: Staff recommends approval of the Resolution and Ordinance as presented. Sally Pete Anay. , P. E., Direc or of Parks and Recreation ID Director of Engineering Services Additional Support Material: Exhibit A Background Information /Contract Summary Exhibit B Contract Summary Exhibit C Location Map —205— H: HOMEVCEVINSIGFMMARINAti493Rnv DAhris \f rnnlMmmn 'Inc AGENDA BACKGROUND SUBJECT: Marina Debris Management Plan & Pilot Project - Project No. 3423 PROJECT DESCRIPTION: The project consists of two components. • DEBRIS PLAN: This project will develop a plan that analyzes the source locations of debris entering the Marina, identify specific outfalls and recommend the locations to capture the debris using installed catchment nets. • PILOT PROJECT: The pilot project will construct and install an expandable catchment net at one storm water outfall location (Blucher Outfall) in order to evaluate the effectiveness of the system in containing bay debris in more effective and efficient manner. Once the system is analyzed and deemed a success, two additional catchment nets will be constructed and installed at priority locations identified in the plan. The proposed catchment system will result in the following benefits without obstructing the flow from the storm water outfall due to the catchment design: • prevent most floating and non - floating trash from entering the Marina; and • substantially reduce the need, time and effort required for litter removal by the existing methods. ADDITIONAL PROJECT BACKGROUND: The project will consist of the development of a debris plan and a pilot catchment project. The project is the direct outgrowth by efforts of Parks and Recreation and Marina staff working in coordination with the Coastal Bend Bay and Estuaries Program (CBBEP). The Parks and Recreation and Marina staff also coordinated with and received support and assistance from the City's Solid Waste, Storm Water and Environmental Services Departments. The project represents an innovative approach to storm water debris management. One objective of the project by the CBBEP and Marina is to use the pilot project as a demonstration for implementation by other communities and marinas by. The Marina has in excess of 15 storm water outfalls emptying into the Marina. The drainage basin of the 15 outfalls is provides storm drainage for a large area of the City of Corpus. An estimated 13 tons of litter enter the Marina via the storm water system following a typical 1" rain. Marina staff spends many hours every year manually scooping litter from the water using makeshift handheld nets. While the Marina staff is successful in collecting virtually all of the floating debris much of the non - floating debris, the non - floating trash ends up on the —206— IEXHIBIT A I Page 1 of 2 bay bottom. The debris: • creates an unsightly appearance; • may under some circumstance affect the Marina as a viable, healthy ecosystem; and • put the bay bottom ecosystem in the Marina at risk. FUTURE ACTIONS: The results of the pilot project in removing and managing bay debris effectively will be used to determine the benefit of installing additional catchment debris nets at all storm water outfalls within the Marina. The Marina will be coordinating implementation with and receiving support from the City Storm Water, Parks and Recreation, Solid Waste, and Environmental Services Departments. An essential part of the program will be to jointly focus public education efforts to reduce the amount of litter on the streets of Corpus Christi. GRANT SCOPE OF WORK SUMMARY: A contract summary is attached. See Exhibit B. —207— EXHIBIT A Page 2 of 2 CONTRACT SUMMARY SCOPE OF WORK TASKS The PERFORMING PARTY shall perform the following tasks: (a) Develop Management Plan. The PERFORMING PARTY shall develop a debris management plan for the Corpus Christi Municipal Marina that identifies all storm water outfalls and specifies which outfalls will be used during this pilot project. The management plan shall also describe catchment construction, future catchment locations, management of catchment devices, disposal of debris collected, and long term maintenance of the program. (b) Construct Catchment Devices. The PERFORMING PARTY shall purchase or contract construction of three catchment devices for installation within the Marina for the purpose of to collecting debris entering the marina through stormwater drainage areas. The PERFORMING PARTY will be responsible for any permitting requirements that are necessary for the installation of such devices. Construction includes connection points on the outfall structure necessary to attach the devise to the discharge structure. The PERFORMING PARTY may propose purchase of pre- constructed catchment devices for installation but must obtain prior approval from the CBBEP Authorized Representative to purchase. (c) Install Catchment Devices. The PERFORMING PARTY shall install three catchment devices along the Marina seawall at specified outfall locations with a goal of maximizing debris collection within the Marina. The catchment devices shall be attached to the outfall structure in a way that allows the device to detach when full of debris and is cinched up so that no debris is lost from the device after detaching occurs. (d) Maintenance. The PERFORMING PARTY will be responsible for removing and disposing of all debris within 5 days after being full or if not functioning properly, weather permitting. Should this pilot project indicate that the efforts are not meeting the goal to effectively capture debris; the PERFORMING PARTY shall be responsible for removing all attachment devices and restoring the outfalls to the original condition. (e) Monitoring. The PERFORMING PARTY shall monitor and record the operation of the devices in order to evaluate the efficiency and effectiveness of the project. Data recorded should include but not limited to; how long it takes to fill up the device, amount of rainfall measured (from nearest rainfall gauge to marina) during the project period, weight of debris collected, and the effectiveness during rain events. If the device causes water to backup during rainfall events, the device should be removed immediately by the PERFORMING PARTY and the CBBEP Authorized Representative shall be notified to discuss other options on how to proceed. (f) Reports. The PERFORMING PARTY shall prepare draft and final reports that will be comprehensive and shall describe debris collection issues from during the project. The final report should also discuss any future implications for the study area and should contain recommendations on needs for additional investigation. ARTICLE V. WORK PRODUCT DELIVERABLES FOR THIS CONTRACT (a) Management Plan. The PERFORMING PARTY shall develop and submit a written Management Plan to the CBBEP Authorized Representative. The Management Plan must be approved by the CBBEP Authorized Representative prior to the PERFORMING PARTY initiating substantial work related to the major tasks as describe in the Scope of Work. (b) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 101 March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on all major tasks, in chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (c) Draft Report. The PERFORMING PARTY shall submit a written draft report of work completed for review by the CBBEP Authorized Representative. The draft report shall include at a minimum the information requested in this Scope of Work. The draft report shall be submitted as one (1) unbound copy. PERFORMING PARTY shall also submit the draft report in an electronic format compatible with CBBEP software. (d) Final Report. The PERFORMING PARTY shall submit a written final report of work completed by no later than the date specified in the Schedule of Deliverables. The final report shall include at a minimum the information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. The final report shall be submitted as one (1) unbound copy. -208- Exhibit B Pane 1 of PERFORMING PARTY shall also submit the final report in an electronic format compatible with CBBEP software. ARTICLE VI. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT WORK PRODUCT SCHEDULE OF DELIVERABLES Management Plan Within 45 days of contract execution date Quarterly Progress Reports See Article V (a) Draft Report December 31, 2009 Final Report January 31, 2010 ARTICLE VII. OTHER REQUIREMENTS FOR THIS CONTRACT (a) At the invitation of the CBBEP, the PERFORMING PARTY is required to make two verbal presentations of this project, at or near its conclusion, to committees of the CBBEP. The presentation is intended to disseminate project results and coordinate findings with other ongoing work. (b) If required as a part of this project, the PERFORMING PARTY will strictly adhere to the CBBEP publication guidelines when submitting publications. Each written deliverable shall be submitted as four (4) hard copies and as an electronic text file (format requirements to be provided by CBBEP). At least one hard copy shall be unbound and of camera -ready quality for use as a CBBEP publication. The CBBEP publication guidelines can be obtained from the CBBEP Project Coordinator. (c) The PERFORMING PARTY shall submit to the CBBEP, within three weeks following a written request by CBBEP, a brief summary of project accomplishments and ongoing project work. The summary shall be written in everyday (non - technical) English for use in CBBEP newsletters, press releases, or other promotional publications. Nb more than one summary per quarter shall be required. (d) All data and information acquired or produced as part of this project shall be submitted in a standardized format as described in the "CBBEP (Coastal Bend Bays & Estuaries Program, Inc.) Data and Information Management Strategy" document, or the EPA Data Standards (as appropriate), which are available from the CBBEP. These documents will provide details on the format(s) required for submittal of textual, numerical, spatial and other data and information. (1) For any data collection conducted for this project, the CBBEP shall be allowed full, appropriate access during data collection. This access is intended to promote ongoing communication between the CBBEP and personnel conducting the project, and to assure the project meets QA/QC criteria. CONTRACT COSTS BUDGET A. Budget Authorized budgeted expenditures under this Contract are as follows: Personnel /Salary $0 Fringe Benefits $0 Travel $378 Supplies $968 Equipment $0 Contractual $48,654 Construction $0 Other $0 Total Direct Costs $50,000 Authorized Indirect Costs $0 Total CBBEP Funding $50,000 B. Budget Control and Transfers Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10 %) of the current Total CBBEP Funding amount. -209- Exhibit B Page 2 of 2 File : \ Mproject \councilexhibits \exh3423.dwg SNIP CNINNQ CORPUS C3- IRIS17 B 4 Ho4P u_o ® �aoo° INTERSTATE 37 eQ Ju 3®®Tn❑❑❑❑ 2trgiltrin ►®BM ❑ S0000 o In' gar F000 ina006a7 DM DUD \-ini Mk PROJECT #3423 VICINITY MAP NOT TO SCALE EXHIBIT "C" MARINA DEBRIS MANAGEMENT PLAN & PILOT PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04 -30 -2009 -210- Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE COASTAL BEND BAYS & ESTUARIES PROGRAM, INC., IN THE AMOUNT OF $50,000 FOR A MARINA DEBRIS MANAGEMENT PLAN AND PILOT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant from the Coastal Bend Bays & Estuaries Program, Inc., in the amount of $50,000 for a Marina Debris Management Plan and Pilot Project. SECTION 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: April 22, 2009 R. J Reifiing First Assistant City ttorney For the City Attorney Marina Debris Project -- grantacceptres -- 04222009.doc -21 1 - 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Marina Debris Project — grantacceptres — 04222009.doc —212— ORDINANCE APPROPRIATING $50,000 FROM COASTAL BEND BAYS & ESTUARIES PROGRAM, INC., IN THE NO. 1058, MARINA GRANTS FUND FOR A MARINA DEBRIS MANAGEMENT PLAN AND PILOT PROJECT; AMENDING FY 2008 -2009 OPERATING BUDGET; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $50,000 from Coastal Bend Bays & Estuaries Program, Inc., is appropriated in the No. 1058, Marina Grants Fund for a Marina Debris Management Plan and Pilot Project. SECTION 2. That Ordinance No. 027352, which adopted the FY 2008 -2009 Operating Fund, is changed to increase appropriations by $50,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2009. ATTEST: Armando Chapa City Secretary APPROVED: This day of April, 2009: R. Ja ing Firs Assistant City ttorney For City Attorney Marina Debris Project — appropord 04222009.doc —213— THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 2 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Marina Debris Project — appropord — 04222009.doc —2 14— if RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO INTERLOCAL COOPERATION CONTRACT WITH NUECES COUNTY, SAN PATRICIO COUNTY, AND THE CITY OF INGLESIDE FOR THE CREATION OF AN INDEPENDENT DEFENSE BASE DEVELOPMENT AUTHORITY AS THE SUCCESSOR FOR THE INGLESIDE LOCAL REDEVELOPMENT AUTHORITY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Mayor is authorized to execute an Addendum to Interlocal Cooperation Contract with Nueces County, San Patricio County, and the City of Ingleside which distinguishes the Local Redevelopment Authority (LRA) as a distinct entity, separate and apart from the governmental entities that have either nominated or appointed the members to the board of the LRA. SECTION 2. The Mayor is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to scheduler modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 30th day of April, 2009. Mary y her City Attorney —217— Henry Garrett Mayor Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon -218- ADDENDUM TO INTERLOCAL COOPERATION CONTRACT This Addendum is attached to and made a part of that certain Interlocal Cooperation Contract ( "Contract ") by and between The City of Ingleside, Texas, The City of Corpus Christi, Texas, San Patricio County, Texas and Nueces County, Texas (collectively the "Parties "), related to the appointment of members to the board of the Ingleside Local Redevelopment Authority ( "LRA "). Additional Provisions of Contract Notwithstanding anything to the contrary in the attached Contract, it is agreed and understood as follows: The Parties agree that the LRA, an entity created under Ch. 379B of the Texas Local Government Code, is a distinct entity, separate and apart from the governmental entities that have either nominated or appointed the members to the board of the LRA. Furthermore, the Parties agree that nothing in the Contract shall create any obligation or impute any liability, financial or otherwise, upon any of the Parties or their respective elected representatives. City of Corpus Christi Date Signed By: Hon. Henry Garrett, Mayor City of Ingleside By: Hon. Stella Herrmann, Mayor Nueces County By: Hon. Samuel L. Neal, Jr., County Judge San Patricio County By: Hon. Terry A. Simpson, County Judge —219— 347029/3977.02/MAM V CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC. FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE ACCION TEXAS SMALL BUSINESS INCENTIVE AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: August 28, 2007 council approved a resolution, in the amount of $200,000 for an interest buy -down program. On March 11, 2008, council approved a resolution in the amount of $50,000 for a pilot initiative to provide interest buy - downs for existing small businesses. On July 29, 2008, Council Approved a resolution in the amount of $350,000 for interest buy -down program to assist small business. CONCLUSION AND RECOMMENDATION: Staff recommends approval of current level funding to grant business incentives to ACCION Texas, Inc., in the amount of $350,000 for an interest buy -down program to assist small businesses in Corpus Christi. 0›.-7.3-...3 (i1 Irma Caballero Director of Economic Development —223— BACKGROUND INFORMATION Summary ACCION Texas, Inc., has been administering a micro - lending program in Corpus Christi for more than three years, and has disbursed almost $2.3 million and over 170 loans. This was accomplished with the help of the City of Corpus Christi buying down the interest rate of loans to a 5.5% interest rate for struggling small business owners that did not qualify for bank loans and were willing to hire an additional employee. Many of these small businesses were start-ups and had little to no collateral. When the City of Corpus Christi Interest Buy -Down Program first began in 2004, the initial disbursement of loans was relatively slow; in the last quarter of 2004 and all of 2005 combined, ACCION Texas made only 14 buy -down loans. However, through the implementation of an effective marketing campaign using TV and radio advertisements, ACCION Texas has greatly increased the amount of loans disbursed through this program; , in 2008 -2009, ACCION disbursed 39 low- interest loans. The investment of $350,000 from the City of Corpus Christi would be leveraged with ACCION Texas funds. The program for FY 09 -10 will utilize $200,000 for start-up and existing businesses that have little or no access to traditional credit and $150,000 will be used for existing businesses that wish to expand. Borrowers will continue to be evaluated for their potential to create new permanent jobs as a result of access to reduced -cost capital. ACCION Texas will contribute $1.75 million in loan capital to this program. These loans are projected to create 110 new jobs and generate over $1 million in new revenues in the City of Corpus Christi. Year # of Loans Loan Amount Expended Loan Amount Disbursed 2004 -2005 11 $229,523 2005 -2006 13 $292,827 2006 -2007 22 $401,732 2007 -2008 30 $607,665 2008 -2009 39 (as of May 1, 2009) $711,075.32 Amount Expended as of Ma v 1, 2009 Year # of Loans Loan Amount Expended 2008 -2009 39 $218,748,17 —224— Page 1 of 3 A RESOLUTION APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCIbN TEXAS, INC. FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE ACCIbN TEXAS SMALL BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, in 2007, the 4A Board requested proposals and determined that the proposal from ACCIbN Texas Inc. (ACCIbN Texas), best provided assistance for small business support; WHEREAS, there is a need for a small business incentive project support agreement between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and administration of the business incentive agreement with ACCIbN Texas for an interest buy -down program to assist small businesses in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentive agreement for an interest buy -down program for small businesses between the 4A Board and ACCIbN Texas, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and 4A Board for the implementation and administration of the small business incentive agreement with ACCIbN Texas for an interest buy -down program to assist small businesses in Corpus Christi, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary —225 - Res- AgmtSmallBus -4ABd -ACC IONapprova I- 04302009. doc Henry Garrett Mayor Page 2 of 3 APPROVED as to form: May 3 , 2009 R. J inmg Fi A sistant CWAttorney For the City Attorney Res- AgmtSmallBus- 4ABd- ACCIONapproval- 04302009.doc 2 2 6— Page 3 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Res- AgmtSmallBus- 4ABd- ACCIONapproval-- o4302009.doc 227— SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC. FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentive Agreement for an Interest Buy -Down Program for Small Businesses ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and ACCI6N Texas, Inc., a Texas nonprofit corporation ( "ACCI6N Texas "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, ACCI6N Texas anticipates, over the next twelve months, providing interest buy -down to 5.5% for approximately 69 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 110 new permanent full -time jobs; B2210 of 12 WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to ACCION Texas, through this contract with ACCI6N Texas, to be used by ACCI6N Texas to buy -down the interest on commercial loans to 5.5% interest for small businesses and which will result in creation of new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ACCI6N Texas agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from August 1, 2009, through July 31, 2010. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow ACCION Texas to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ( "Corporation Guidelines), adopted on May 5, 2003, and amended on July 24, 2004, April 25, 2006, and April 10, 2007. d. ACCION Texas anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that ACCION Texas provides to a small business in Corpus Christi, ACCION Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan form traditional lending institutions. h. Loan amounts shall be within the range of $5,000 to $50,000. i. ACCION Texas shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. Pagh23of 12 ACCION Texas Agreement 04302009.doc j. ACCI6N Texas shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. k. ACCI6N Texas will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCI6N Texas up to $350,000 for the Interest Buy -Down Program as follows: i. ACCI6N Texas must first receive a request for a loan from a small business that has been in existence for not more than five (5) years located in Corpus Christi, or a business locating in Corpus Christi ( "Business "). ii. ACCI6N Texas shall review the request for a loan from the Business. iii. Upon ACCI6N Texas approval of a loan, and prior to the closing of the loan, ACCI6N Texas shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5 %. The Corporation authorizes an interest buy -down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5 %) / 12 = N N x number of payments = interest buy down reimbursement to ACCI6N Texas for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7 %) / 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to ACCI6N Texas for business loan. iv. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to ACCI6N Texas within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. v. The total funds available on an annual basis under the Interest Buy - Down Program under this agreement is $350,000. 2g5 3 of 12 b. The loans assisted with the program must be within the range of $5,000 to $50,000. c. This program must result in the creation of one permanent full -time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. ACCI6N Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start -up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCI6N Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the bank \credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. A business or home -based business in existence for not more than five (5) years located in the Corpus Christi city limits. C. Current on payment of all sales taxes. D. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home -based businesses located outside the Corpus Christi city limits iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. ACCI6N Texas may use up to $200,000 to assist start-up and existing small businesses that have little or no access to traditional credit, and up to $150,000 to existing small businesses that wish to expand. g. ACCI6N Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the Page31 of 12 ACCION Texas Agreement 04302009.doc business receiving the loan, jobs created under the Interest Buy -Down Program, and other reports as requested by the Corporation. h. ACCI6N Texas shall provide funds for operations and loan capital to implement and sustain the program. i. ACCI6N Texas shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, ACCI6N Texas will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. ACCI6N Texas agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business d. ACCI6N Texas agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. ACCI6N Texas shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 6. Buy Local Provision. a. ACCI6N Texas agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. Page 5 of 12 ACCInN Terns Anreement n4302009 rim 7. Local Offices. Two staff persons of ACCION Texas offices shall be located in Corporation designated offices or a mutually agreeable location. 8. Representation on ACCION Texas governing board. ACCION Texas agrees to appoint a person designated by the Corporation as a member of ACCION Texas governing board. 9. Warranties. ACCION Texas warrants and represents to Corporation the following: a. ACCION Texas is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. ACCION Texas has the authority to enter into and perform, and will perform, the terms of this Agreement. c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. ACCION Texas has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, ACCION Texas agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of ACCION Texas are duly authorized to execute this Agreement on behalf of ACCION Texas. 10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non - Discrimination. ACCION Texas covenants and agrees that ACCION Texas will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or ACCION Texas are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or ACCION Texas Agreement 04302009.doc Pan of 12 regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or ACCION Texas are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. ACCION Texas may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. ACCION Texas covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ('Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with ACCION Texas activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. ACCION Texas must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of ACCION Texas to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of ACCION Texas contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; Page 4 of 12 —2 ArrInu re..e. nnraan en4 nARn9nnO ,1n, c. Any judgment is assessed against ACCION Texas or any attachment or other levy against the property of ACCION Texas with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. ACCION Texas makes an assignment for the benefit of creditors. e. ACCION Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by ACCION Texas become delinquent, and ACCION Texas fails to timely and properly follow the legal procedures for protest or contest. g. ACCION Texas changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that ACCION Texas is in default according to the terms of this Agreement, the Corporation or City shall notify ACCION Texas in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for ACCION Texas to cure the event of default. 17. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of ACCION Texas, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. ACCION Texas shall immediately repay all funds paid by Corporation under this Agreement. b. ACCION Texas shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The. Corporation shall have no further obligations to ACCION Texas under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any ACCION Texas Agreement 04302009.doc Page 8 of 12 '235— other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of ACCION Texas' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time ACCION Texas is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. ACCION Texas specifically agrees that Corporation shall only be liable to ACCION Texas for the actual amount of the money grants to be conveyed to ACCION Texas , and shall not be liable to ACCION Texas for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2009, through July 31, 2010. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from ACCION Texas to be accompanied by all necessary supporting documentation. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: ACCION Texas: ACCION Texas Attn.: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 PAgg69of12 ACCInN Tovnc Anraemonf nein7nn0 dnc Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 23. Relationship of Parties. In performing this Agreement, both the Corporation and ACCION Texas will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 25. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, ACCION Texas Agreement 04302009.doc Page 10of12 —237— paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and ACCION Texas. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest: By: Armando Chapa Assistant Secretary ACCION Texas Aoreement 04302009.doc Page 11 of 12 —238— ACCION Texas, Inc. By: Janie Barrera President and Chief Executive Officer Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Janie Barrera, President and Chief Executive Officer for ACCION Texas, Inc., a Texas non - profit corporation, on behalf of the corporation. Notary Public State of Texas ACCION Texas Agreement 043020D9.doc Page 12 of 12 —239— SMALL BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Small Business Incentives Project Service Agreement ( "Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, ACCI6N Texas has submitted a proposal to the Corporation for $350,000 for an interest buy -down program for small businesses in Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the ACCI6N Texas interest buy -down program; and WHEREAS, the Corporation and ACCI6N Texas have executed a small business incentive project agreement for an interest buy -down program for small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to —24(P-age 1 of 3 Arnim Dn-.i r4 cinnnn An.eemene nn_c»., CAgMnn0 n..r implement the Small Business Incentive Agreement for an Interest Buy -Down Program for Small Businesses between the Corporation and ACCI6N Texas ( "Small Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. — 241page2of3 ACCION Project Support Agreement 4A -City 04302009.doc 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest: Armando Chapa City Secretary Approved as to Legal Form: May , 2009: R. Jay Reining First Assistant City Attorney for City Attorney _242Page 3 of 3 n rrinki c......nn dnrnnrnant 4d-City nd3n2nn floc 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TEXAS A & M UNIVERSITY— CORPUS CHRISTI BUSINESS INCENTIVE AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: December 11, 2007 Approved an agreement to grant business incentives to TAMUCC for an intern program; June 24, 2008 Approved first amendment to grant business incentives to TAMUCC for an intern program; November 11, 2008, approved the second amendment to grant business incentives to TAMUCC in the amount of $195,929 for an intern program to assist small businesses in Corpus Christi. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the current level funding at $193,198 to grant business incentives to TAMUCC intern program. c eaa Irma Caballero Director of Economic Development —245— BACKGROUND INFORMATION Texas A &M University- Corpus Christi (TAMUCC) proposes to continue assisting small businesses by providing access to students to serve as interns in professional level positions. The small businesses will pay the student interns $7.25 per hour for a 20- hour work week. TAMUCC will match the small business contributions with 4A funds allowing the student interns to earn $14.50 per hour. Interns will be selected based on the needs of the small business(s) to provide these businesses with resources to increase efficiency and /or provide growth opportunities. The goals of the project is (1) to provide support to small businesses in Corpus Christi to encourage business growth, retention, economic development, and create a 10% new job "return on investment" and (2) to provide "real-world" work experience for students at a living wage and with the potential for full -time employment. TAMUCC received an additional $70,000 on November 11, 2008, to be added to the previously approved amount of $125,929 to operate the program through the summer of 2009. The total of $195,929 will be leveraged with an in -kind amount of $175,662 to fund 118 interns beginning with spring 2008 and continuing through the summer session 2009. To date TAMUCC has had five interns placed in a permanent full -time position as a result of the internship opportunity. The following is a breakdown of the number of interns that have been placed to date: Spring 2008 2 Summer 2008 14 Fall 2008 33 Spring 2009 29 Summer 2009 35 (Allocated) On April 20, 2009, the 4A Board approved funding for the TAMUCC Intern program at $193,198 for 108 interns to work in participating small businesses beginning Fall 2009 through Summer 2010. The following is a breakdown of the use of interns: Fall 2009: 35 Interns Fall 2009: 1 Admin. Intern Spring 2010: 35 Interns Spring 2010: 1 Admin. Intern Summer 2010: 35 Interns Summer 2010: 1 Admin. Intern —246— Page 1 of 3 A RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TEXAS A & M UNIVERSITY -- CORPUS CHRISTI BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted funds to assist small businesses and promote new jobs in Corpus Christi, Texas. WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and administration of the business incentive agreement with Texas A & M University -- Corpus Christi for a intern program to support small businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That business incentive agreement for a intern program to support small businesses between the 4A Board and Texas A & M University -- Corpus Christi, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and 4A Board for the implementation and administration of the small business incentive agreement with Texas A & M University -- Corpus Christi for a intern program to support small businesses, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Res — TAMUCC Intern -- 05012009.doc —247— Henry Garrett Mayor APPROVED as to form: May 1 2009 R. J ng / First Assistant City ttorney For the City Attorney Res -- TAMUCC Intern — 05012009.doc —248— Page 2of3 Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Res -- TAMUCC Intern — D5012009.doc —249— Page 3 of 3 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Texas A & M University -- Corpus Christi, a Texas institution of higher education ( "TAMU -CC "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /6th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, TAMU -CC has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay the student interns minimum wage (currently $6.55 per hour, adjusting to $7.25 per hour on July 24, 2009)•and TAMU -CC will match the small business contribution. Pagsa_of 11 WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment "); WHEREAS, a secondary benefit of the small business intern program is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to TAMU -CC, through this Agreement with TAMU -CC, to be used by TAMU -CC to assist small businesses by providing access to students, who will serve as interns in professional level positions. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU -CC agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Terri. a. The term of this Agreement is for one year from August 1, 2009, through July31, 2010. b. This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 3. Grant. a. The Corporation will grant TAMU -CC an incentive of up to One Hundred Ninety Three Thousand One Hundred Forty Dollars ($193,140.00), which must be used to fund one half of the salary of up to 105 interns and the entire salary on three interns. The interns will be paid twice the minimum wage, while participating in TAMU -CC's Small Business Employer Intern Program. Page 2 of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC interns: 112009.doc b. The Corporation's grant conditioned upon TAMU -CC's successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Schedule A. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU -CC to the small business employers during the prior month. 4. TAMU -CC's Duties and Responsibilities. a. TAMU -CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU -CC's Small Business Employer Intern Program. b. TAMU -CC shall create and maintain not less than one part-time intern (1) employment position to assist in the Small Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid twice the minimum wage, which is scheduled to be $7.25 per hour on July 26, 2009. c. TAMU -CC shall place, with small businesses in Corpus Christi, the number of interns specified in Schedule A, during each semester or summer session. Since the primary goal of the TAMU -CC's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. d. TAMU -CC shall ensure that the small business employer of each intern pays the student intern the minimum wage, and TAMU -CC shall match the small business employer's payments to the interns. e. TAMU -CC shall try to place the interns for 20 hours per week and 12 weeks per semester or summer session. f. TAMU -CC shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 3B(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. Page223of11 ai IBIMFSS INCFMTIVF AfRFFMFNT — TAMUCC Interns 285U12009.doc b. A full -time permanent job is one that provides at least 2,080 hours annually. c. TAMU -CC agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of this Agreement. d. TAMU -CC agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the business assisted through the Intern Program. e. TAMU -CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. TAMU -CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMU- CC employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. TAMU -CC, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to TAMU -CC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU -CC warrants and represents to Corporation the following: a. TAMU -CC has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of TAMU -CC is duly authorized to execute this Agreement on behalf of TAMU -CC. c. No litigation or governmental proceeding is pending or, to the knowledge of TAMU -CC or TAMU -CC's officers, threatened against or affecting TAMU -CC that may result in any material adverse change in TAMU -CC's business, properties, or operations. No consent, approval, or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. Page rr4�of 11 BUSINESS INCENTIVE AGREEMENT -- TAMUCC Interns — 05tl �009.doc d. No certificate, statement, or information provided by TAMU -CC to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, TAMU -CC has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for TAMU - CC's Small Business Employer Intern Program. g. TAMU -CC shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. TAMU -CC shall timely and fully comply with all of the terms and conditions of this Agreement. i. TAMU -CC has received a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then TAMU -CC shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , TAMU -CC agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. I. There are no bankruptcy proceedings currently pending concerning TAMU -CC, nor are any such proceedings contemplated by TAMU -CC, as of the date of execution of this Agreement by TAMU -CC. m. TAMU -CC shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. 8. All representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated by this Agreement, shall survive the original execution date of this Agreement. ParLp�e45of11 ni IciMFCR IMCFMTNF A(:RFFMFMT — TAMUCC Interns -- O5U12009.doc 9. Compliance with Laws. TAMU -CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non - Discrimination. TAMU -CC covenants and agrees that TAMU -CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or TAMU -CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU -CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. TAMU -CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. To the extent authorized by law, TAMU -CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (`Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU -CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. TAMU -CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: Page 6 of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Interns - aS515009.doc a. Failure of TAMU -CC to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of TAMU -CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 15. Notice of Default. Should the Corporation or City determine that TAMU -CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU -CC in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for TAMU -CC to cure the event of default. 16. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU -CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU -CC shall immediately repay all funds paid by Corporation under this Agreement. b. TAMU -CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to TAMU -CC under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU -CC' default may not be considered an estoppel against the Corporation. Page 7 of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Interns Z 626 9.doc d. It is expressly understood that if at any time TAMU -CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. Limitation on Corporation's Liability. TAMU -CC specifically agrees that Corporation shall only be liable to TAMU -CC for the actual amount of the money grants to be conveyed to TAMU -CC , and shall not be liable to TAMU -CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement, being August 1, 2009, through July 31, 2010. b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from TAMU -CC to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU -CC: Texas A & M University -- Corpus Christi c/o Jim Needham Dean of Community Outreach 6300 Ocean Drive, NRC 2200 Corpus Christi, Texas 78412 Pay r87 of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Interns 012009.doe Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU -CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, Page p9 of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Intems? §9012009.doc paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU -CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Agreement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. TAMU -CC's record keeping and reporting requirements under Sections 4, 5, and 6. c. TAMU -CC's duty to repay funds not used for an authorized purpose under Section 7. Corpus Christi Business & Job Development Corporation By: Date: Eloy Salazar Chairperson Page9qrr11,00p of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Interns — 0501I009.doc Attest: By: Armando Chapa Assistant Secretary Texas A & M University -- Corpus Christi — Corpus Christi By: Date: THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by , for Texas A & M University -- Corpus Christi, a political subdivision of the State of Texas, on behalf of the university. Notary Public State of Texas Page 11 of 11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Interns` §AT2009.doc SCHEDULE A TAMU -CC's TIME OF PERFORMANCE TAMU -CC's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS CORPORATION's MAXIMUM PAYMENT TOWARD GRANT DURING PERIOD Fall Semester 2009 September 1 through December 31, 2009 Placement of not more than 35 interns with small businesses in Corpus Christi, plus employment of 1 intern to assist in program administration. $64,380.00 Spring Semester 2010 January 1 through May 31, 2010 Placement of not more than 35 interns with small businesses in Corpus Christi, plus employment of 1 intern to assist in program administration. $64,380.00 Summer Session 2010 June 1 through July 31, 2010 Placement of not more than 35 interns with small businesses in Corpus Christi, plus employment of 1 intern to assist in program administration. $64,380.00 A - -11 BUSINESS INCENTIVE AGREEMENT — TAMUCC Interns — U51�2009.doc BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Texas A & M University -- Corpus Christi has submitted a proposal to the Corporation for $193,198 for an intern program for small businesses; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Texas A & M University -- Corpus Christi's an intem program for small businesses; and WHEREAS, the Corporation and Texas A & M University -- Corpus Christi have executed a business incentive project agreement for an intern program for small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 26Tage 1 of 3 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement for an intern program for small businesses between the Corporation and Texas A & M University -- Corpus Christi ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or o.ninnf el Innnd An.nnrnun+ AA rib. TA AI Irr 26f33ge2of3 ncn,,nno ann unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar Interim City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: May _, 2008. R. Jay Reining First Assistant City Attorney for City Attorney —264-Page 3 of 3 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND Del Mar College FOR THE FastTrac® Growth VentureTM' Program, WHICH WILL PROVIDE UP TO $120,000 IN GRANTS TO PROGRAM PARTICIPANTS WHO CREATE AND RETAIN NEW JOBS FOR THEIR BUSINESSES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE Del Mar College SMALL BUSINESS INCENTIVE AGREEMENT ISSUE: To assist small business owners who desire to grow their business and create jobs. PREVIOUS COUNCIL ACTION: November 11, 2008, Council approved an agreement for $120,000 to provide a grant to program participants who create and retain new jobs for their business. CONCLUSION AND RECOMMENDATION: Staff recommends approval for continuation of current level funding at $120,000 to provide a grant to program participants who create and retain new jobs for their business. Irma Caballero Director of Economic Development —267— BACKGROUND INFORMATION FastTrac Growth Venture"' targets existing, successful small business owners with a desire to grow their business. Typically, these individuals are smart, articulate and focused on making their business a success. Their enterprise has grown past the start- up, survival phase, is profitable, has the beginnings of a management team and has the potential for sustainable, substantial growth. Focused on running the day -to day operations of their business, owners struggle with finding the time to plan, consider, or develop a strategy for growth. The FT Growth Venture program, written for and by entrepreneurs, allows participants to build a framework to recreate and revitalize their business. The program's primary objectives are designed to effectively evaluate and improve the following: • Overall business strategy and vision for the future • Ability to maintain a competitive advantage in the marketplace • Changing role in managing the business • Readiness for growth and profitability potential • Focus and alignment of all aspects of the business The program is an intensive ten week, interactive course. The twelve business owners will determine the current reality and then devise a plan. The program does not use the traditional, lecture based educational model. Hands -on coaching, discussion groups, individual exercises, (in and outside the classroom), guest speakers — experienced entrepreneurs and professionals — combine to stimulate, exercise, leverage and strengthen existing knowledge and skills. The project represents a new utilization for existing Workforce Solutions interns and the valuable small business contacts established by their efforts. This program will enhance and leverage the Internship program already established by the 4(A) Board. The total cost for this project is $190,603 of which $120,000 is being requested by the Corpus Christi Business and Job Development Corporation. The requested funds will be utilized to provide each business owner with a $10,000 grant for the completion of the program and employment of at least one additional full -time employee. Business owners will receive $5,000 upon hiring a new employee and an additional $5,000 at the end of a six month period, for job retention. As of April 9, 2009, Del Mar FastTrac has confirmed seven new jobs and plans for an additional six by June. The following is the listing of employers and positions: —268— Reel Simple Productions: Hired two employees • 1 Graphics Web Designer @ $38,000 per year • 1 Videographer - Editor @ an initial salary of $30,000 per year DWS International: Hired three employees • Purchasing /Material Control @ $30,000 per year • Digital Design Draftsman @ $28,000 per year • Welder @ $28,000 per year Water Works of Texas: Hired one employee • Customer Service & Retention Manager @ $22,500 RVE, Inc.: Hired one employee • Senior Level CAD Operator @ $80,000 - $120,000 -269- Page 1 of 3 A RESOLUTION APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTTRAC® GROWTH VENTURETM PROGRAM, WHICH WILL PROVIDE UP TO $120,000 IN GRANTS TO PROGRAM PARTICIPANTS WHO CREATE AND RETAIN NEW JOBS FOR THEIR BUSINESSES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR COLLEGE SMALL BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, in 2008, the 4A Board requested proposals and determined that the proposal from Del Mar College ( "Del Mar "), best provided assistance for small business support; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the small business incentive project support agreement; WHEREAS, the 4A Board's small business incentive agreement with Del Mar for the FastTrac® Growth Venture TM Program authorizes up to $120,000 in grants to program participants who create and retain new jobs for their businesses. WHEREAS, there is a need for a small business incentive project support agreement between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and administration of the small business incentive agreement with Del Mar for FastTrac® Growth Venture TM Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentive agreement between the 4A Board and Del Mar for the FastTrac® Growth Venture TM Program, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and 4A Board for the implementation and administration of the small business incentive agreement with Del Mar for the FastTrac® Growth Venture TM Program, which is attached to this resolution as Exhibit B. —270 - oveni I rnnMM e..,eu fl ifl ce Gnroament _ nal Mar FaStTrac 04302009.d00 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary i APPROVED as to form: ,5 May, 2009 R. J y'R ing First Assistant City Attorney For the City Attorney Page 2 of 3 Henry Garrett Mayor RESOLUTION — Small Business Agreement -- Del Mar Fastl?al d4302009.doc Page 3 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon RESOLUTION — Small Business Aareement — Del Mar Fasa7a�4302009.doc SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTRAC GROWTH VENTURE PROGRAM This Small Businesses Incentive Agreement ("Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College, a Texas junior college district ( "Del Mar "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar is a Texas institution of higher education; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Del Mar, through this contract with Del Mar, to be used by Del Mar for the FastTrac® Growth Venture' Program, which will result in creation of at least 12 new full -time permanent jobs in the City of Corpus Christi. CMAI I RI ICIMCCC IAIrcMTVe nrnrru,- Pa2JZ31 -of 9 In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is from January 1, 2010, through December 31, 2010. 3. Grant. The Corporation will fund up to 24 $5,000 grants to be awarded to twelve successful participants in Del Mar's FastTrac® Growth VentureTM. FastTrac® Growth VentureTM is an intensive ten week, interactive course that targets existing, successful small business owners with a desire to grow their business. a. In order to receive an initial $5,000 grant, prior to June 30, 2010, the successful participants must: (1) Complete the course. (2) Represent a "business expansion." (3) Create at least one new job for their business, while retaining all of their existing jobs. b. In order to receive a second $5,000 grant, the successful participants must retain the new job that was created for a minimum of six months, while retaining all of their existing jobs. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained for at least six months. d. Del Mar agrees to provide Corporation with a sworn certificate by authorized representative of each small business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. Pagq 9 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement. b. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. c. Del Mar has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. d. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 7. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the Palenef 9 SMALL BUSINESS INCENTIVE AGREEMENT — Del Mar FastTran nSnc2nnn ann obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. To the extent authorized by law, Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the prgperty of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Del Mar makes an assignment for the benefit of creditors. R 4- of 9 e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. 13. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Del Mar to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default.' Ps 5-of 9 SMALL RI ISINPAR INCFNTIVF Af PPP MFMIT __ fl& RA.. ncnconno n.... 16. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2010, through December 31, 2010. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Small Business Development Center 101 Baldwin, CED -146 Corpus Christi, TX 78404 -3897 Attn: Director, SBDC Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Emga of 9 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or Pagq aJ -of 9 SMALL BUSINESS INCENTIVF AGRFFMFNT _ fln! Mar FaafTrar ncnc2nn4 rinr representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to [what survives] shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary B2g®8 of 9 Del Mar College By: Mark Escamilla, Ph.D President Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Pan Ip_of 9 SMALL BUSINESS INCENTIVE AGREEMENT — Del Mar FastTrac 05052009.dac SMALL BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT FOR DEL MAR COLLEGE'S FASTTRAC® GROWTH VENTURE"' PROGRAM This Small Business Incentives Project Service Agreement ( "Project Service Agreement) is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar College has submitted a proposal to the Corporation for $120,000.00 for FastTrac® Growth Venture T4 Program; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar College's FastTrac® Growth Venture M Program; and WHEREAS, the Corporation and Del Mar College have executed a small business incentive project agreement for the FastTrac® Growth VentureTM Program. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 2 8 -rage 1 of 3 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentive Agreement for the FastTrac® Growth Venture TM Program between the Corporation and Del Mar College ( "Small Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or 28Rage 2 of 3 Project Support Agreement 4A -City — Del Mar FastTrac 04302009.doc unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: _ May, 2009. R. Jay Reining First Assistant City Attorney for City Attorney —284P-age 3 of 3 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR COLLEGE BUSINESS INCENTIVE AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: December 11, 2007 Approved an agreement to grant business incentives to Del Mar for an intern program; June 24, 2008 Approved first amendment to grant business incentives to Del Mar for an intern program; November 11, 2008, approved second amendment to grant business incentives to Del Mar College in the amount of $180,921 for an intern program to assist small businesses in Corpus Christi. CONCLUSION AND RECOMMENDATION: Staff recommends approval of $173,223 to grant business incentives to Del Mar for an intern program. Irma Caballero Director of Economic Development —287— BACKGROUND INFORMATION Del Mar College proposes to continue assisting small businesses by providing access to students to serve as interns in professional level positions. The small businesses will pay the student interns $7.25 per hour for a 19- hour work week. Del Mar College will match the small business contributions with 4A funds allowing the student interns to earn $14.50 per hour. Interns will be selected based on the needs of the small business(s) to provide these businesses with resources to increase efficiency and /or provide growth opportunities. The goals of the project is (1) to provide support to small businesses in Corpus Christi to encourage business growth, retention, economic development, and create a 10% newjob "return on investment" and (2) to provide "real-world" work experience for students at a living wage and with the potential for full -time employment. Del Mar College received an additional $50,000 on November 11, 2008, to be added to the previously approved amount of $130,921 to operate the program through the summer of 2009. The total of $180,921 will be leveraged with an in -kind amount of $155,985 to fund 108 interns beginning with spring 2008 and continuing through the summer session 2009. To date Del Mar has had five interns placed in permanent full -time jobs as a result of their internship opportunity: 2 in the spring semester of 2008, 2 in the summer session of 2008, and 1 in the fall session of 2008. The following is a breakdown of the number of interns that have been placed to date: Spring 2008 5 Summer 2008 11 Fall 2008 20 Spring 2009 36 On April 20,2009 the 4A Board approved funding for the Del Mar Intern Program at $173,223 for 99 Interns to work in participating small businesses beginning Fall 2009 through Summer 2010. The following is a breakdown of the use of interns: Fall 2009: 20 Interns Fall 2009: 2 Admin. Interns Spring 2010: 37 Interns Spring 2010: 2 Admin. Interns Summer 2010: 36 Interns Summer 2010: 2 Admin. Interns —288— Page 1 of 3 A RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR COLLEGE BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted funds to assist small businesses and promote new jobs in Corpus Christi, Texas. WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and administration of the business incentive agreement with Del Mar for a intern program to support small businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That business incentive agreement for a intern program to support small businesses between the 4A Board and Del Mar, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and 4A Board for the implementation and administration of the small business incentive agreement with Del Mar for a intern program to support small businesses, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Res -Del Mar Intern -- 04302009.doc —289— Henry Garrett Mayor APPROVED as to form: May S, 2009 R. Jay Wining First Assistant City Attorney For the City Attorney Rec_flal Mar Intern — 04302009.doc —290— Page 2 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Res -Del Mar Intern — 04302009.tloc —291— Page 3 of 3 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College, a Texas institution of higher education ( "Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions;. WHEREAS, the small businesses will pay the student interns minimum wage (currently $6.55 per hour, adjusting to $7.25 per hour on July 24, 2009) and Del Mar will match the small business contribution. Pad §21 of 11 WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment "); WHEREAS, a secondary benefit of the small business intern program is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar to assist small businesses by providing access to students, who will serve as interns in professional level positions. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from August 1, 2009, through July 31, 2010. b. This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to One Hundred Seventy Three Thousand Two Hundred Twenty Three Dollars ($173,223.00), which must be used to fund one half of the salary of up to 93 interns, who will be paid twice the minimum wage, while participating in Del Mar's Small Business Employer Intern Program, and the full salary of six interns, who will assist with the program administration. Page 2 93— of 11 BUSINESS INCENTIVE AGREEMENT — Del Mar Interns — 05052009.doc b. The Corporation's grant conditioned upon Del Mar's successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Schedule A. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Small Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the small business employer intern program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The interns must be paid twice the minimum wage, which is scheduled to be $7.25 per hour on July 26, 2009. c. Del Mar shall place, with small businesses in Corpus Christi, the number of interns specified in Schedule A, during each semester or summer session. Since the primary goal of the Del Mar's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. d. Del Mar shall ensure that the small business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns. e. Del Mar shall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. Del Mar shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. Panj of 11 IC'I.Ir t.Ir.Ckl7 ./C AfDCC.ACRIT nei Pint [.,Marne — nsnc,nna (Inn c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of this Agreement. d. Del Mar agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the business assisted through the Intern Program. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. Del Mar shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, Del Mar employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. Del Mar, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to Del Mar's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. c. No litigation or governmental proceeding is pending or, to the knowledge of Del Mar or Del Mar's officers, threatened against or affecting Del Mar that may result in any material adverse change in Del Mar's business, properties, or operations. No consent, approval, or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. d. No certificate, statement, or information provided by Del Marto Corporation, or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to Pagjg¢4f 11 BUSINESS INCENTIVE AGREEMENT -- Del Mar Interns — 05052009.doc keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, Del Mar has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for Del Mar's Small Business Employer Intern Program. g. Del Mar shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. Del Mar shall timely and fully comply with all of the terms and conditions of this Agreement. i. Del Mar has received a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then Del Mar shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. I. There are no bankruptcy proceedings currently pending concerning Del Mar, nor are any such proceedings contemplated by Del Mar, as of the date of execution of this Agreement by Del Mar. m. Del Mar shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. 8. All representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated by this Agreement, shall survive the original execution date of this Agreement. 9. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Pm5of11 _......._......,.,�.,rf.,r ArnrrlAmk r .,,,� \In. I.,+emt _ nsnF9nna tine. 10. Non - Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. To the extent authorized by law, Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ('Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. PagLe9f of 11 BUSINESS INCENTIVE AGREEMENT -- Del Mw Interns -- 05052009.doc b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 15. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Del Mar to cure the event of default. 16. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Pa e7 of 11 ai ICINFRS IMCFNTIVE AGREEMENT -- Del Mar Interns — t0 $2009.doc Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. Limitation on Corporation's Liability. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar , and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement, being August 1, 2009, through July 31, 2010. b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Vice President Business and Finance 101 Baldwin Boulevard Corpus Christi, Texas 78404 Pag2e9$, of 11 BUSINESS INCENTIVE AGREEMENT -- Del Mar Interns -- 05052009.doc Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other parry for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, Pa2g809of11 52009.doc CI Ic1NFQS IMCFNTIVF AfRFFMFNT -- ❑el Mar Interns — 050 paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Agreement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. Del Mar's record keeping and reporting requirements under Sections 4, 5, and 6. c. Del Mar's duty to repay funds not used for an authorized purpose under Section 7. Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest: Pa2%dt of 11 BUSINESS INCENTIVE AGREEMENT -- Del Mar Interns — 05052009.doc By: Armando Chapa Assistant Secretary Del Mar College— Corpus Christi By: Date: Mark Escamilia President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Pa a2 1 of 11 al ICINFCC IMCF NTIVF A IRFFMFNT - Del Mar Interns — 005052009.d00 SCHEDULE A DEL MAR's TIME OF PERFORMANCE DEL MAR's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS CORPORATION's MAXIMUM PAYMENT TOWARD GRANT DURING PERIOD Fall Semester 2009 September 1 through December 31, 2009 Placement of not more than 20 interns with small businesses in Corpus Christi, plus employment of 2 intern to assist in program administration. $39,672.00 Spring Semester 2010 January 1 through May 31, 2010 Placement of not more than 37 interns with small businesses in Corpus Christi, plus employment of 2 intern to assist in program administration. $67,773.00 Summer Session 2010 June 1 through July 31, 2010 Placement of not more than 36 interns with small businesses in Corpus Christi, plus employment of 2 intern to assist in program administration. $65,778.00 A(� -- 1 BUSINESS INCENTIVE AGREEMENT -- Del Mar Interns — 05052209.doc BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar College has submitted a proposal to the Corporation for $173,223 for an intern program for small businesses; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar College's an intern program for small businesses; and WHEREAS, the Corporation and Del Mar College have executed a business incentive project agreement for an intern program for small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: — 304'age 1 of 3 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement for an intern program for small businesses between the Corporation and Del Mar College ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or 30Rage 2 of 3 Project Support Agreement 4A -City — Del Mar Inter -- 04302009.doc unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar Interim City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: May , 2008. R. Jay Reining First Assistant City Attorney for City Attorney 30gage 3 of 3 or,ae.a o Innne an.vo.nanf en_ciw — nal Mar Warn -- 1 43020n9 Me 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: APPROVING AN AGREEMENT TO GRANT BUSINESS INCENTIVES BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (4A BOARD) AND SCORE CHAPTER 221, WHICH GRANTS $50,000 IN BUSINESS INCENTIVES FOR THE OPERATION OF A PROGRAM TO ASSIST SMALL AND START -UP BUSINESSES IN CORPUS CHRISTI AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A BUSINESS INCENTIVES PROJECT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT TO GRANT BUSINESS INCENTIVES ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: Council authorized a 7 month contract in the amount of $29,167 on December 11, 2007. On July 29, 2008, Council approved the continuation of incentives to SCORE in the amount of $50,000 to assist small and start-up businesses. CONCLUSION AND RECOMMENDATION: Staff recommends approval to continue funding SCORE at is current level funding of $50,000. Irma Caballero Director of Economic Development —309— BACKGROUND INFORMATION Background On December 11, 2007, Council approved an agreement in the amount of $29,167 with SCORE Chapter 221, to provide assistance to small businesses and persons desiring to begin and operate a small business in Corpus Christi. The services provided by SCORE include mentoring clients, conducting workshops, advising clients as to business plans, pro formas, form of business entity, financial implications, and all other aspects of small business operations. SCORE retained an executive assistant/coordinator to assist the SCORE volunteers in administering the assistance program and engaged in a limited advertising campaign to publicize the assistance program. On June 16, 2008, the Corpus Christi Business and Job Development Corporation (4A Board) approved a one (1) year agreement with SCORE in the amount of $50,000 to provide assistance to small businesses in Corpus Christi. On July 29, 2008, Council approved the continuation of incentives to SCORE in the amount of $50,000 beginning August 1, 2008 through July 31, 2009. Since SCORE began receiving funding they have assisted 749 small businesses. Through this assistance 112 jobs have been created. SCORE provide face -to -face counseling, on- line assistance, and business seminars for small business owners in Corpus Christi. They have expanded their base as a result of an effective marketing campaign through TV /Radio ads and the use of a billboard located off the Crosstown Freeway. The following is a breakdown of services provided by SCORE from August 2008 to present: Face to Face cases 86 Workshop Attendees 71 E -Mail On -Line cases 284 Total Cases 441 Number of Workshops 24 Service Corps of Retired Executives (SCORE)- Amount requested $50,000 SERVICES SCORE seeks funding to continue to enhance and expand its current business assistance services to small business owners. Services include: Face to Face meetings, business related workshops, providing small business related written materials and text manuals to clients, business counseling via email, telephone conferencing and office trips, publication of articles of interest and knowledge to srg %business and referral services. PROGRAM OUTCOME SCORE seeks to continue funding an executive assistant/coordinator position to enable SCORE to better monitor and serve its clients. This position will help to eliminate duplication and permit effective handling of cases relating to small businesses. In addition, the position will enhance follow up to clients, scheduling of work shops, conferences and other presentations, and telephone and computer communication. Marketing funds will be used for advertising activities to acquaint many additional small business prospects with SCORE services. It has been the accumulated experience of SCORE that as successful small businesses are established, serviced, and advised, such businesses employ personnel to assist in the expanding opportunities of the company Additionally, services are purchased from other businesses as required. In turn, this creates more jobs for the Corpus Christi community. PERFORMANCE REQUIREMENTS SCORE will report number of volunteer hours, number of clients served and number of jobs created to the Economic Development Office on a quarterly basis. This will be accomplished by means of establishing the executive assistant/coordinator position. BUDGET SCORE is requesting $50,000 from the City of Corpus Christi to be used to contract an executive assistant/coordinator position for a twelve (12) month period beginning August 1, 2009 through July 31, 2010, and for advertising of SCORE program services. Line Item Proposed Budget In -Kind Staff Costs $25,000 Marketing $25,000 In -Kind contributions $162,000 Total $50,000 $162,000 Budget Notes: (1) $25,000 will be used to contract with an executive assistant for 12 months (2) $25,000 will be used to advertise SCORE services for 12 months (3) Value of services to small businesses (1620 hours) is estimated at the minimum of $100 per hour considering the background and experience of the volunteer counselors and would cost more if purchased on the open market. The monetary value of services for twelve (12) months based on the last fiscal year is $162,000. —311— Page 1 of 3 RESOLUTION APPROVING AN AGREEMENT TO GRANT BUSINESS INCENTIVES BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (4A BOARD) AND SCORE CHAPTER 221, WHICH GRANTS $50,000 IN BUSINESS INCENTIVES FOR THE OPERATION OF A PROGRAM TO ASSIST SMALL AND START -UP BUSINESSES IN CORPUS CHRISTI AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A BUSINESS INCENTIVES PROJECT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT TO GRANT BUSINESS INCENTIVES WHEREAS, there is a need for an agreement to grant business incentives for small business assistance between the Corpus Christi Business and Job Development Corporation and SCORE Chapter 221 (SCORE), which grants $50,000 in business incentives to SCORE for a program to assist small and start- up businesses in Corpus Christi; and WHEREAS, there is a need for a business incentives project agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the business incentive agreement with SCORE Chapter 221 (SCORE) for a program to assist small and start-up businesses in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the agreement to grant business incentives for small business assistance between the Corpus Christi Business and Job Development Corporation (4A Board) and SCORE Chapter 221, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute the business incentives project agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the agreement to grant business incentives for small business assistance with SCORE Chapter 221 for a program to assist small and start-up businesses in Corpus Christi, which is attached to this resolution as Exhibit B. Res -SCORE Incentives 04302009.doc —312— Page 2of3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED as to form: ,4a-y -5— 2009 R. J Fsistant City Attorney orney Res -SCORE Incentives 04302009.doc —313— Corpus Christi, Texas of ,2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Res -SCORE Incentives 04302009.doc —314— Page3of3 AGREEMENT TO GRANT BUSINESS INCENTIVES TO SCORE CHAPTER 221 FOR SMALL BUSINESS ASSISTANCE This Agreement to Grant Business Incentives for Small Business Assistance ( "Agreement ") is entered into by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), a Texas non - profit corporation, organized under V.A.C.S., Art. 5190.6, Sec. 4A, with mailing address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and SCORE Chapter 221, ( "SCORE "), a nonprofit association, with principal place of business at 3649 Leopard Street, Suite 411, Corpus Christi, Texas 78408. I. BACKGROUND 1.1. Purpose of Agreement. Corporation is a tax - supported non - profit corporation, whose primary income is from sales tax collected within the City of Corpus Christi and dedicated exclusively to economic development. This sales tax supporting Corporation was authorized as a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus Christi economy through the retention, expansion, and recruitment of employment opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas. 1.2. Project. The project and performance requirement to be implemented by means of this agreement are generally described as follows: 1. SCORE will provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro formas, forms of business entity, financial implications, and all other aspects of small business operations. 2. SCORE will retain an executive assistant/coordinator to assist the SCORE volunteers in administering the assistance program. SCORE will engage in a limited advertising campaign to publicize the assistance program. 3. The performance requirements shall be continuously maintained during the entire term of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants, warranties, and agreements of the parties, it is agreed as follows: II. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS 2.1. BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 1 of 15 -315 — SCORE 4A Small Business Development Agreement 05042009.doc 1. Money Grant: 1. Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty Thousand Dollars ($50,000.00), subject to the performance requirements of SCORE and the conditions precedent set forth in Schedule A. 2. Failure by Corporation to timely reimburse SCORE is an act of default by Corporation giving SCORE. As its sole remedy is the right to be reimbursement of the contracted amount, which is further limited to the terms and conditions contained in Article VII, paragraph 7.1, of this agreement. SCHEDULE A SCORE's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS SCORE's TIME OF PERFORMANCE CORPORATION's PERFORMANCE REQUIREMENTS 1. Employment of a August1, 2009 through July Reimbursement of SCORE contract executive 31, 2010 expenses up to a total of assistant/ coordinator, with $50,000, payable within 45 an average annual salary of days of invoicing for $25,000, to assist the expenses under this SCORE volunteers to provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi. agreement. 2. SCORE volunteers to provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by: a. Mentoring clients. b. Conducting workshops. c. Advising clients as to business plans, pro formas, form of business entity, . Page 2 of 15 SCORE 4A Small Business Development Agreement 050422013 &oC financial implications, and SCORE's PERFORMANCE REQUIREMENTS SCORE's TIME OF PERFORMANCE all other aspects of small Beginning August 1, 2009 and continuing until July 31, 2010. business operations. d. Conducting a limited advertising campaign to publicize the assistance program to small businesses. 2.2. BY SCORE 1. Investment — Facility: SCORE is not required to make a capital investment, however SCORE shall perform the performance requirements as set forth in Schedule B. SCHEDULE B SCORE's PERFORMANCE REQUIREMENTS SCORE's TIME OF PERFORMANCE Providing 1620 hours of general and technical services to small businesses through volunteer counselors. Beginning August 1, 2009 and continuing until July 31, 2010. 2. Employment: SCORE shall comply with the employment requirements set forth in Schedule C. SCHEDULE C SCORE's PERFORMANCE REQUIREMENTS SCORE's TIME OF PERFORMANCE Maintain not less than one contract executive assistant/coordinator position with an average annual salary of $25,000. July 31, 2010 3. Failure by SCORE to timely and fully comply and to continue to comply with any performance requirements of this paragraph is an act of default. III. REPORTING AND MONITORING Page 3 of 15 SCORE 4A Small Business Development Agreement 05042603 1q"t- 3.1. Reports and Monitoring: SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. 1. SCORE shall provide an annual report certifying the status of compliance through the life of the agreement. In addition to the annual report, SCORE shall submit a quarterly report to document the jobs created. The quarterly report may be in the form of quarterly IRS 941 returns, SCORE employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and other reports as may reasonably be required. 2. SCORE shall provide quarterly reports on its performance requirements. The reports must document: 1. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. 2. Number of workshops with description of workshop and number of attendees. 3. Number of small business owners or prospective owners who were provided counseling by email or on -line services. 3. SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ( "Department "), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and Department, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. IV. COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES 4.1. SCORE makes the following covenants and warranties to Corporation, and agrees to timely and fully perform the following obligations and duties. Any false or substantially misleading statement contained in this agreement or SCORE's request for funding, or any failure to timely and fully perform the performance requirements in this agreement is an act of default by SCORE. Failure to comply with any one covenant or warranty is an act of default by SCORE. 1. SCORE is duly organized, validly existing, and in good standing and authorized to do business in the State of Texas, under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. Page 4 of 15 SCORE 4A Small Business Development Agreement 05042 ®q4a 2. The execution of this agreement has been duly authorized by SCORE's board of directors; the officer signing this agreement is an officer of the organization, empowered to execute the agreement and bind the organization; the authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or the provisions of SCORE's by -laws, or of any agreement or instrument to which SCORE is a party or by which it may be bound; the authority to be evidenced by an organizational resolution, attached to this agreement at the time of execution. 3. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement. 4. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem and employment taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 5. No litigation or governmental proceeding is pending or, to the knowledge of SCORE or SCORE's officers, threatened against or affecting SCORE that may result in any material adverse change in SCORE's business, properties, or operations. No consent, approval or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this agreement or the transactions contemplated hereby. 5. No certificate, statement, or information provided by SCORE to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the statement from being misleading. 6. To the best of its knowledge, SCORE has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business operations in Corpus Christi, Texas, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. 7. The funds granted in this agreement must be utilized solely for the purpose: 1. Offsetting the cost of creating and maintaining the one (1) employment position at SCORE's Corpus Christi facility. 2. Assisting small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by: 1. Mentoring clients. 2. Conducting workshops. Page 5 of 15 SCORE 4A Small Business Development Agreement 0504244 (9e - 3. Advising clients as to business plans, pro formas, form of business entity, financial implications, and all other aspects of small business operations. 3. Conducting a limited advertising campaign to publicize the assistance program to small businesses. 8. SCORE shall continue its full -time business activities on its property in Corpus Christi, Texas, including maintaining its employment and investment requirements at all times throughout the term of this agreement. 9. SCORE shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. 10. SCORE shall timely and fully comply with all of the terms and conditions of this Agreement. 11. SCORE shall notify Corporation in writing of substantial changes in management within seven (7) days. Substantial changes mean changes in Chairman of the Board, President, C.E.O., or area management. 12. SCORE has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. 13. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used in accordance with State law, then SCORE agrees to repay the funds to the Corporation within 30 days of written notice requesting reimbursement. 14. If an audit determines that the funds were not used for authorized purposes, SCORE agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. 15. There are no bankruptcy proceedings currently pending concerning SCORE, nor are any proceedings contemplated by SCORE, as of the date of execution of this Agreement by SCORE. 16. SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. Page 6of15 SCORE 4A Small Business Development Agreement 050r23MRL` 17. SCORE agrees to provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. 4.2. All representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall survive the original execution date of this agreement. V. SUSPENSIONS/TERMINATIONS 5.1. Corporation, under the following circumstances, and at its sole discretion, may suspend its obligations under this agreement or terminate this agreement and recapture from SCORE any of the money grants or consideration paid by Corporation to SCORE, without liability to SCORE, upon any one of the following events, which are an act of default. 1. The appointment of a receiver of SCORE, or of all or any substantial part of its property, and the failure of the receiver to be discharged within sixty (60) days thereafter. 2. The adjudication of SCORE as bankrupt. 3. The filing by SCORE of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. VI. DEFAULT 6.1. Events of Default. Should SCORE fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this agreement the failure shall be an act of default by SCORE and, if not fully and completely cured and corrected within sixty (60) days after written notice to do so, Corporation may terminate this agreement and pursue all legal remedies as provided by law, provided however that SCORE's liability under this agreement shall be limited to the recapture from SCORE any of the money grants or consideration paid by Corporation to SCORE under this agreement. Corporation shall not be liable to SCORE for any alleged consequential damages. Additionally, the following events shall constitute a default of this Agreement: 1. The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 2. Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. Page 7 of 15 SCORE 4A Small Business Development Agreement 0504200 ;. ioc 3. If taxes on the Facility become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. 4. SCORE changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 6.2. In the event of unforeseeable third party delays in the performance of this Agreement or force majeure and upon a reasonable showing by SCORE that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of delays by using its best efforts, Corporation may consent to and excuse delays, which consent and excuse shall not be unreasonably withheld. Failure by SCORE to use its best efforts as required in this paragraph shall be an act of default. Force majeure means severe weather, such as tornadoes or flooding, named storms or hurricanes, wars, riots, and the unavailability of necessary and essential equipment and supplies from all sources. 6.3. Any delay for any amount of time by Corporation in providing notice of default to SCORE shall in no event be deemed or constitute a waiver of the default by Corporation of its rights and remedies available under this agreement, or in law or equity. 6.4. Any waiver granted by Corporation to SCORE of any covenant or condition, the breach of any covenant or condition of this Agreement, or of an act of default shall not be deemed or constitute a waiver of any other existing or future breach of a covenant or condition, or act of default by SCORE or of a subsequent breach of the same covenant or condition or act of default of the same act or event by SCORE. 6.5. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. 6.6. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. 6.7. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: 1. SCORE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. 2. The Corporation shall have no further obligations to SCORE under this Agreement. 3. Neither the City nor the Corporation may be held liable for any consequential damages. Pag��e��8 of 15 SCORE 4A Small Business Development Agreement 05(140 ewoc 4. The Corporation may pursue all remedies available under law. 6.8. SCORE shall give Corporation written notice of any act of default by Corporation, and Corporation shall have thirty (30) days after receipt of the notice to cure the default. Failure by Corporation to timely and fully cure the act of default shall permit SCORE to pursue its legal remedies as provided in this agreement. VII. CORPORATION'S LIABILITY LIMITATIONS 7.1. Payments: SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any other actual or consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act of default by Corporation under the terms of this agreement. It is further specifically agreed that Corporation shall only be required to pay the grant amounts solely out of its sales tax revenue currently collected, allocated, and budgeted and to be allocated, budgeted and collected for SCORE during the term of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2009, through July 31, 2010. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to SCORE for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made to SCORE shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. Corporation shall have forty -five (45) days to make payment after receipt of the payment request. The payment request should be directed to the address provided for Corporation below. VIII. DEFINITIONS As used in this agreement, the following words or phrases shall have the following meanings: 8.1. City of Corpus Christi or City means the governing municipal corporation and the area that is within the city limits of the City of Corpus Christi, Texas. 8.2. Compliance means timely, fully, and completely performing or meeting each and every requirement, obligation, duty, condition, or warranty as stated in this agreement. Compliance means complete compliance and does not mean substantial compliance. 8.3. Act of Default means failure to timely and fully comply with one or more requirements, obligations, duties, terms, conditions, or warranties, as stated in this Page 9 of 15 SCORE 4A Small Business Development Agreement 050420323— agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of full compliance by waiving the act of default solely by an instrument in writing. 8.4. Insolvent means failure to timely pay debts in the ordinary course of business or cannot pay debts as they become due, or is insolvent within the meaning of the federal bankruptcy law. 8.5. Force Majeure means severe weather, such as tornadoes, flooding, named storms, hurricanes, wars, riots, and the unavailability of necessary and essential equipment and supplies from all sources. IX. GENERAL TERMS 9.1. Effective Date. The effective date of this Agreement ( "Effective Date") is the latest date that either party executes this Agreement. 9.2. Term. The term of this Agreement is expires on July 31, 2010. This agreement may be renewed for an additional one year period upon mutual consent of both parties, and the availability of Corporation funds that have been authorized for this purpose. 9.3. Termination. This Agreement may be terminated by mutual agreement of the parties or by either party, upon the failure of the other party to fulfill an obligation, as set forth in this agreement. The termination of this Agreement extinguishes all rights, duties, obligations, and liabilities of the parties under this Agreement, except all rights, duties, liabilities, and obligations accrued prior to the termination shall survive termination. 9.4. Compliance with Laws. This Agreement is subject to all legal requirements in the City Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county, state, and federal laws. SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County, and City governments, as may be amended or enacted. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 9.5. Assignment. This Agreement is binding upon the parties to this agreement and their successors and assigns. However, SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 9.6. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any Page 10 of 15 SCORE 4A Small Business Development Agreement 05M 2Arloc kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. SCORE must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 9.7. Buy Local Provision. SCORE agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. For the purposes of this section, the term 'local' as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 -mile radius of Nueces County. 9.8. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE c /o. Ben F. McDonald 3649 Leopard St., Suite 411 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas. 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Christi Attn.: City Manager Page 11 of 15 SCORE 4A Small Business Development Agreement 0504 &2. of P.O. Box 9277 Corpus Christi, Texas. 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 9.9. Incorporation of other documents. a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ( "Corporation Guidelines "), adopted September 18, 2007, are incorporated into this Agreement. b. SCORE application submitted to the Corporation for business incentives ( "Application ") is incorporated into this Agreement. c. If there is any conflict in the terms of these documents, the following order controls: (i) This Agreement, (ii) Corporation Guidelines, (iii) Application. 9.10. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 9.11. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 9.12. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 9.13. Severability. 1. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 2. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and Page 12 of 15 SCORE 4A Small Business Development Agreement 050724B1C ta!EOc in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 9.14. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. SCORE consents to, and waives any objections to, in personum jurisdiction in Nueces County, Texas. This agreement and the relationship between Corporation and SCORE shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws or provisions. 9.15. Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and SCORE. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Except as otherwise provided in this agreement, this Agreement cannot be modified or amended without a written agreement of the parties. 9.16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.17. Representation. Corporation represents that no Corporation board member or employee, City of Corpus Christi officer or employee, has been or will be compensated in any manner with respect to directly or indirectly bringing the parties hereto together, agreement negotiations, or the entering into of this Agreement. In no event will SCORE pay a fee to or in any manner compensate any Corporation board member or employee, City of Corpus Christi officer or employee, in connection with the acceptance of this Agreement. A breach of this provision (10.17) shall result in automatic and immediate termination of this Agreement, and shall be an act of default by SCORE. 9.18. Other Contracts. It is understood by SCORE that Corporation has heretofore entered, and may hereafter enter, into contracts with other companies or persons upon terms and conditions different from the terms and conditions of this Agreement, and SCORE has no standing to object whatsoever to any contracts or require any modifications or changes to its Agreement due to other agreements. 9.19. Corporation, its officers and employees, and its agents or contractors retained to perform economic development services for Corporation, shall treat as confidential the financial statements of SCORE and shall not release the information to the public, unless required by law or court order. Corporation shall immediately notify SCORE of requests or court orders to release the information. 9.20. All representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall survive the original execution date of this agreement. 9.21. Renewal. This Agreement may be renewed for an additional one year term upon mutual agreement of the parties hereto. Page 13 of 15 SCORE 4A Small Business Development Agreement 050421 &tc EXECUTED on the date shown opposite the signature of each party. Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest By: Armando Chapa Assistant Secretary Page 14 of 15 SCORE 4A Small Business Development Agreement 050424? Q c SCORE Chapter 221 By: Gaston West President Date: The State of Texas § County of Nueces § Before me on this day, Gaston West, President, SCORE Chapter 221, personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed this agreement stated as the act of SCORE, for the purposes and consideration expressed in the instrument. Given under my hand and seal of office this the day of 2009. Notary Public, State of Texas Page' 15 of 15 SCORE 4A Small Business Development Agreement 050420&& BUSINESS INCENTIVES PROJECT AGREEMENT This Business Incentives Project Agreement ( "Project Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, SCORE Chapter 221 has submitted a proposal to the Corporation to request business incentives of approximately $50,000 to be used to assist SCORE Chapter 221 in its operation of its program to assist small business employers in the City of Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to SCORE Chapter 221; and WHEREAS, the Corporation and SCORE Chapter 221 have executed an agreement to grant business incentives to SCORE Chapter 221 for the creation of jobs to assist small business employers ( "Business Incentives Agreement "). In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: — 330Rage 1 of 3 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to SCORE Chapter 221 for the creation of jobs to assist small business employers between the Corporation and SCORE Chapter 221. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. SCORE Project Agreement 4A -City 04302009.doc —331 age 2 of 3 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Business Incentives Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form this day of May, 2009. R. Jay Reining First Assistant City Attorney for City Attorney SCORE Proiect Agreement 4A -City 04302009.doc 33gage 3 of 3 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding City Council's Youth Advisory Committee; and providing for publication. ISSUE: The City Council's Youth Advisory Committee currently has 9 seats that represent a respective city council member. Since its inception in 2005, achieving quorum and keeping committee seats filled has been difficult. The City Manager's Office and the Parks and Recreation Department has received feedback from youth and local school district representatives requesting the Youth Advisory Committee be restructured to allow representation for each of the local high schools rather than representing a single city council member or district. REQUIRED COUNCIL ACTION: Amend the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in the Youth Advisory Committee to reflect representation of each local high school. PREVIOUS COUNCIL ACTION: The Youth Advisory Committee was created through ordinance in November 2005. An resolution amending the City Council Youth Advisory Committee was approved on November 11, 2008. CONCLUSION AND RECOMMENDATION: Staff supports this ordinance to amend the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in the Youth Advisory Committee. ATTACHMENTS: Background y Ga Parks an —335— _ Director Recreation Department Background Information The City Council's Youth Advisory Committee (CCYAC) was created in November 2005 to assist and advise the City of Corpus Christi City Council on youth issues. The initial consisted of 17 student members, grades 9 -12, that are residents of the City of Corpus Christi. In November 2008, the Ordinance was amended reducing the number of members to nine (9) in an effort to increase participation, facilitate achievement of a quorum and allow the students to conduct official business. Currently, this committee is made up of nine (9) members appointed by the City Council to assist and advise the City Council on City youth issues. Committee meetings were to be held twelve (12) times a year. As it stands, the current structure of the committee is not viable. In recent months, Vincent J. Muscarello of the CCISD was referred to City staff by Mayor Garrett. Mr. Muscarello prepared a proposal for revitalizing the current City Council's Youth Advisory Committee. Mr. Muscarello's proposal to restructure involves the following: Structure: the City Council Youth Advisory Committee will consist of thirteen (13) primary and alternate committee members who are junior and senior students from area high schools. These representatives will be nominated by their respective campuses and appointed by the Mayor and Council. The Parks and Recreation Department will continue to appoint a staff member to serve as an advisor for the committee. Area High School Participants: Ca!alien Moody Carroll Miller Coles Ray Collegiate Tuloso- Midway Flour Bluff King Incarnate Word Academy West Oso John Paul (future) Meetings: CCYAC Council Meetings will be held three (3) times a year in September, January, and May at City Hall in Council Chambers. City Council Participation: Two (2) City Council members will be appointed to serve as official liaisons to the CCYAC and attend each of the regularly scheduled meetings. City Council approval would allow us to coordinate with all participating high schools for their support and participation. This ordinance will require two readings, the second reading will be scheduled for May 19, 2009. -336- 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CITY COUNCIL'S YOUTH ADVISORY COMMITTEE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 2 of the City Code of Ordinances is amended to read as follows: "DIVISION 24. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE* Sec. 2 -250. Created; purpose. There is hereby created a Win, - ,member thirteen (13)- member advisory committee that shall assist and advise the city council on city youth issues. The committee shall be known as the City Council's Youth Advisory Committee ( "youth committee "). (Ord. No. 027947, § 1, 11 -18 -2008) Sec. 2 -251. Powers and duties. The youth committee shall exercise the following powers and duties: (1) Assist and advise the city council on city youth issues; (2) Conduct surveys and determine the concerns and interest of the youth of Corpus Christi; (3) Encourage youth leadership and responsibility through volunteerism and community involvement; (4) Create opportunities for public discussion of youth issues through meetings, workshops and conferences; (5) Look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds; and (6) Assist in planning, recommending and implementing youth activities. (Ord. No. 027947, § 1, 11 -18 -2008) Sec. 2 -252. Member qualifications; appointments; parks staff liaison. (a) The youth committee consists of nine (9) thirteen (13) primary members, and thirteen (13) alternates composed of students in grades -911 through 12 that are city residents. High schools represented by the Youth H:\LEG•DIR \Lisa\2009 Ordinance \Youth Advisory Committee v4.DOC -337- (b) (c) (d) (e) 2 Committee include: Calalien, Carroll, Coles, Collegiate, Flour Bluff, Incarnate Word Academy, John Paul II, King, Miller, Moody Ray, Tuloso- Midwav, and West Oso. If a primary committee member is unable to attend a scheduled meeting the alternate member will be contacted to fill the vacancy for the assigned meeting. (1) at large. their—iffitial—terna—ef—appaintmenh The youth committee members representing each of the schools will be selected by the principal or the principal's designee of their respective campuses. The principal or principal's designee through the school district's central administration office shall submit the nominees for the primary and alternate members to the Youth Committee liaison no later than the third Friday in August of the year their respective campus has a vacancy. The nominee will be confirmed during the first City Council meeting in September. Each youth committee member will serve a two -year term and must be a junior upon appointment. During the initial year, the following three schools will appoint seniors to the committee: Carroll, Ray, and Moody, Each member's term automatically expires three (3) months after high school graduation. The parks and recreation department will assign city staff to serve as staff liaison to the youth committee. H: \LEG- DIR\Lisa12009 Ordinance \Youth Advisory Committee tl3Cif 3 school graduation. (Ord. No. 027947, § 1, 11 -18 -2008) Sec. 2 -253. General committee rules apply. Except as otherwise provided in this division 24, the general rules in division 1 (sections 2 -60 through 2 -69) and Council Policy 14 (Resolution No. 21901 adopted March 22, 1994) governing city boards, commissions, and committees apply to the youth committee. (Ord. No. 027947, § 1, 11 -18 -2008) Sec. 2 -254. Meetings; quorum; voting. (a) The youth committee shall : • w th -section, 2 -62. meet three (3) times a year: September, January, and May, in compliance with section 2 -62. Special meetings may be called by the chair or upon request of two (2) members of the youth committee. Notice of meetings shall be posted in compliance with the Texas Open Meetings Act. (b) A quorum shall consist of a majority of the members of the youth committee and any issue to be voted on shall be resolved by a majority of those present. Whenever a quorum is not present at the meeting, the meeting will be considered adjourned and will be rescheduled to the next regular meeting date, or to another date that the chair deems appropriate. (Ord. No. 027947, § 1, 11 -18 -2008) Sec. 2 -255. Attendance at meetings; vacancies. (a) • If the primary member is not available to attend, the primary member shall contact the alternate member, to attend in the place of the primary member. The alternate member shall attend in the place of the primary member, with voting privileges. (b) (b) If there is a vacancy in the position held by a primary member prior to end of such primary member's term, then (i) the alternate member shall automatically become the primary member to serve the remainder of the H: \LEG- DIR \Lisa12009 Ordinance \Youth Advisory Committee v4. 4 term, and (ii) a new alternate member shall be appointed in accordance with Section 2- 252(c). A vacancy rcculting from early expiration of tcrm or subscction 2 252 above. (Ord. No. 027947, § 1, 11 -18 -2008) Sec. 2 -256. Rules of procedure; bylaws. (a) The youth committee shall conduct its meetings in accordance with state law, City Charter, ordinances, and policies and Roberts Rules of Order. Order of business shall be as specified on the agenda. Actions shall be taken on basis of motion, duly seconded, by members of the youth committee. (b) The youth committee shall keep minutes of its proceedings that indicate the attendance of each member and the vote or failure to vote of each member on each question. (c) A copy of the bylaws is attached to Ordinance No. 026539 this ordinance and is on file in the city secretary's office. A bylaw shall not be suspended without approval of the city parks director, or designee ( "parks director "). A bylaw shall not be suspended (or amended) if the suspension (or amendment) would violate state law, City Charter, ordinance, or policy. Upon amendment of the bylaws and approval by parks director, parks director shall file a certified copy of the bylaws, as amended, with the city secretary.. Parks director shall not unreasonably withhold approval of suspension or amendment. (Ord. No. 027947, § 1, 11 -18 -2008) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. H: \LEG- DIR \Lisa\2009 Ordinance \Youth Advisory Committee v4.DOC —340— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: May 4, 2009 By: Lisa Aguil� Assistant ' ity Attorney For City Attorney —341— Henry Garrett Mayor 25 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 12, 2009) Case No. 0309 -03, Melvin Littleton: A change of zoning from a "F -R" Farm and Rural District to a "I.3" Heavy Industrial District resulting in a change of land use from farm and rural uses to heavy industrial uses described as an 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Subdivision Planning Commission's Recommendation (March 18, 2009): Denial of the "I -3" Heavy Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plan' and the following eight (8) conditions: I. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F- R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Alternative Applicant's and Staff's Recommendation: The special permit conditions are identical to the Planning Commission recommendation except condition 4 has been revised and a new condition number 9 has been added. A site plan was not finalized by the applicant until April 6, 2009. -345- Denial of the "I -3" Heavy Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plant and the following nine (9) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F- R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. 9. Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right -of -way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of the zoning fee ($4,896.90). Requested Council Action: Approval of the Planning Commission's Recommendation. Summary: • Request: The applicant is requesting a change of zoning on 82.403 acres from an "F -R" Farm and Rural District to an "I -3" Heavy Industrial District. The applicant has requested the "I -3" Heavy Industrial District as part of an agreement with the City Development Services and the Legal Department (see Zoning Report Attachment 15) as one of the conditions prior to issuance of building permits for construction of an equipment storage building. • Existing Land Uses: The subject property has three non - conforming (grandfathered) uses: a sand quarry; a concrete recycling facility; and a lattice type cell tower. The property was annexed on December 21, 1999 by ordinance 02389 and zoned with a "F -R" Farm and Rural District. While the 2 A site plan was not finalized by the applicant until April 6, 2009. IMPLN- DIRLSHARED \l. Planning Commissioth- ay '0990309 -03 Melvin Lillleaon Agenda Memo.Eoc "F -R" Farm and Rural District does not allow a sand quarry or concrete recycling facility, the intent of the annexation was to allow existing uses to continue as "non- conforming" uses. As a nonconforming uses, any future expansion of the uses would require the property owner to apply for rezoning so that, if City Council approves the rezoning, the uses would be conforming. When the property owner applied for a building permit in 2008, for a equipment storage building, one of the issues was that the building to house the sand quarry and recycling facility equipment would constitute an "expansion" of the non - conforming use. An expansion of the non - conforming use could not be allowed until the property is rezoned and replatted. After the property owner discussed the issues with developing a building an agreement between the property owner, Development Services and the Legal Department was prepared. Attachment 13 contains the signed agreement between the city and the property owner. • Existing Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of: "Minerals and earths: quarrying, extracting, grinding, crushing, and processing ". Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. Residential uses are not allowed in the "I -3" District. • Transportation and Circulation: The subject property has access to State Highway 361. Currently, State Highway 361 is a two lane roadway in a 120 foot right -of -way. The Future Transportation Plan calls for State Highway 361 to be up graded to a Primary Rural Arterial divided by a drainage ditch and with two parallel outer drainage ditches in 240 feet of right -of -way. The Urban Transportation Plan has also designated State Highway 361 to be an off -set right -of -way where the additional 120 foot of right -of -way to be acquired shall be entirely from the west side of the existing roadway. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 0 on a scale of 100 points. The proposed expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City's plans for future development of the island or with Smart Growth principles. Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for low density residential uses with some commercial along the frontage of State Highway 361, therefore, the proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. Plat Status: H:IPLN.DIRISHAREDII. Planning Commission2 CLlA1ay '0910309.03 Melvin Littleton Agenda Men .doc The subject property is not platted. Island Acres, Block 1, Lot 1 and Lot 2 has been approved by Planning Commission but has not been recorded as of April 6, 2009. Department Comments: • The property was annexed in 1999. • Staff responded to a request by Mr. Littleton on February 7, 2000 by letter informing him that a sand quarry operation may continue after annexation. (See attachment 16) • The sand quarry operations where active prior to annexation and became a nonconforming use after the property was annexed and zoned "F -R" Farm and Rural. • The standard practice and state law requires that existing uses that are annexed is to allow them to continue after annexation. • In 2008, when the property owner applied for a building permit, staff indicated that rezoning was necessary since the construction of a building to support the sand quarry was an expansion of an existing non - conforming use. • The Development Services and the Legal Departments met with the property owner and worked out an agreement dated January 5, 2009, that staff would support a special permit to allow the expansion of the sand quarry and, to allow a concrete recycling use and to allow one existing cell tower. (See Attachment 13) The agreement also indicated that staff would support reimbursement of the zoning fees in consideration for a 60 foot right -of -way dedication across the front of the property for expansion of State Highway 361. • At the Planning Commission meeting on March 18, 2009, the staff report offered a staff recommended special permit with conditions and an alternative applicant proposed special permit with conditions. At the meeting and after public comments, the staff, Planning Commission, and the Applicant's representative agreed to a compromise list of conditions. Subsequently, the Applicant, who was not at the Commission meeting, has indicated a need to change the site plan and condition number 4 as indicated in the Alternative Staff and Applicant's Recommendation. Notification: Of the sixteen (16) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) notices were returned in opposition within the 200 foot notification area. However, Letters of opposition were received outside the 200 foot notification area. The 20% rule is not invoked. The State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. While the 20% rule is not invoked, staff considers this case to be controversial due to the nature of an industrial use located in a planned residential area and fourteen (14) letters of opposition from property owners across State Highway 361 located in the La Concha Subdivision and at the Mayan Princess. FGMIej Juan Perales, P.E., Interim Assistant City Manager of Development Services RN1a C009 H:WIN- DIR,SHARED \I. Planning Commission y wO]09 -0] Melvin Littleton Agenda Memo.dot Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Item A: Ordinance and Site Plan (Planning Commission's Recommendation) 4. Alternative Applicant's and Staff's Recommended Site Plan 5. Item B: Ordinance Senior Planners _p_ H:IPLN- DIRISHAREDV. Planning Commiuioni Ool y'09\OJO9 -O3 Melvin Littleton Agenda Memodoc CITY COUNCIL ZONING REPORT Case No.: 0909 -03 Planning Commission Hearing Date: The original public hearing date was on March 4, 2009, however the applicant requested tabling of the public hearing until the Planning Commission meeting of March 18, 2009. Applicant: Melvin Littleton, General Partner, LFP unimproved Investments, Ltd. Owner: Same as above Representative: Jim Urban, Urban Engineering Address: 7520 and 8050 State Hwy 361 Legal Description/Location: 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Zoning Request From: "F -R" Farm and Rural District To: "I -3" Heavy Industrial District Area: 82.403 acres Purpose of Request: To construct a building for storage of existing construction equipment. In addition, rezoning is part of a legal agreement between the city staff and the property owner to rezone and plat the property Zoning, Existing and Future Land Use Zoning Existing Land Use Future Land Use Site "F -R" Farm and Rural Vacant and Heavy Industrial Low Density Residential and Commercial North "F -R" Farm and Rural Vacant Low Density Residential South "F -R" Farm and Rural Vacant Low Density Residential East "AT" Apartment Tourist Vacant and Low Density Residential Tourist and Commercial West "F -R" Farm and Rural Vacant Low Density Residential ADP, Map & Violations Area Development Plan: This tract of land is located in the Mustang Padre Island Area Development Plan and is planned for low density residential and commercial uses along State Highway 361. The proposed change in zoning is not consistent with the adopted Future Land Use Plan. - Map No.: 023027 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 82.403 acres from an "F -R" Farm and Rural District to an "I -3" Heavy Industrial District. The applicant has requested the "I -3" Heavy Industrial District as part of an agreement with the City Development Services and the Legal Department as one of the conditions prior to issuance of building permits for construction of an equipment storage building. —350— Zoning Report Case #: 0309 -03 Melvin Littleton Page 2 • Existing Land Uses: The subject property has three non - conforming (grandfathered) uses: a sand quarry; a concrete recycling facility; and a lattice type cell tower. The property was annexed on December 21, 1999 by ordinance 02389 and zoned with a "F -R" Farm and Rural District. While the "F -R" Farm and Rural District does not allow a sand quarry or concrete recycling facility, the intent of the annexation was to allow existing uses to continue as "non- conforming" uses. As a nonconforming uses, any future expansion of the uses would require the property owner to apply for rezoning so that, if City Council approves the rezoning, the uses would be conforming. When the property owner applied for a building permit in 2008, for a equipment storage building, one of the issues was that the building to house the sand quarry and recycling facility equipment would constitute an "expansion" of the non - conforming use. An expansion of the non - conforming use could not be allowed until the property is rezoned and replatted. After the property owner discussed the issues with developing a building an agreement between the property owner, Development Services and the Legal Department was prepared. Attachment 13 contains the signed agreement between the city and the property owner. • Existing Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of: "Minerals and earths: quarrying, extracting, grinding, crushing, and processing ". Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. Residential uses are not allowed in the "I -3" District. • Transportation and Circulation: The subject property has access to State Highway 361. Currently, State Highway 361 is a two lane roadway in a 120 foot right -of -way. The Future Transportation Plan calls for State Highway 361 to be up graded to a Primary Rural Arterial divided by a drainage ditch and with two parallel outer drainage ditches in 240 feet of right -of -way. The Urban Transportation Plan has also designated State Highway 361 to be an off -set right -of -way where the additional 120 foot of right -of -way to be acquired shall be entirely from the west side of the existing roadway. • Infrastructure Demand: o Water: The subject property is within the service area of Water Control and Improvement District #4. o Wastewater: The subject property is within the service area of Water Control and Improvement District #4. -351- Zoning Report Case #: 0309 -03 Melvin Littleton Page 3 o Stormwater: A stormwater management plan will be required during the platting process. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B40, located north of Packery Channel on Mustang Island. Crime statistics up to 2005 show an increase in total crimes committed from 99 in 2001 to 182 crimes committed in 2005 or an increase per year of approximately 21% per year. o Fire: The closest Fire Station is number sixteen (16), located at 17959 Hwy 361(Padre Island) at the north end of Mustang Island State Park. • Environmental Constraints: o FEMA Flood Zone: Flood Zone AE with an elevation 9' o Soil Type: Galveston- Mustang -Tidal flats association: Coastal sands generally above water, and low flats that are flooded daily. o Wetlands: Extensive areas of wetlands are shown to exist in the area. o Dunes: Dunes are not present and the area is not subject to a Beachfront Construction Certificate or a Dune Permit. o Flight Zone: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 0 on a scale of 100 points. The proposed expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City' s plans for future development of the island or with Smart Growth principles. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for low density residential uses with some commercial along the frontage of State Highway 361, therefore, the proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan map, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, Tess owner occupancy, and an overall reduction in the quality of the neighborhood. It can also be argued that this is a case where the City did not choose to annex the island -352- Zoning Report Case #: 0309 -03 Melvin Littleton Page 4 until 1999, and therefore could not prevent incompatible land uses from occurring. Earlier annexation could have prevented the in compatible industrial use from occurring in the first place. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Currently, the City has approximately 3.56 square miles of light industrially used land. • MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN: POLICY STATEMENT B.14 Industrial uses and sexually oriented uses are incompatible with and may threaten low density residential land uses, the natural environment and the family tourist orientation of the Islands. Oil and gas exploration and production is exempted from this policy, where allowed by law, provided all pertinent requirements are met. B.6 - POLICY STATEMENT (Southside Plan) High- intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. B.7 - POLICY STATEMENT New high- intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Buffering by commercial and industrial uses is necessary where there is a direct residential adjacency to mitigate any spill over effects from the nonresidential uses. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 State Highway 361 RA3 - Rural Arterial 120 feet of right- of -way with two lanes 240 feet of right- of -way and four lanes 5,320 at Packery Channel —353— Zoning Report Case #: 0309 -03 Melvin Littleton Page 5 Plat Status: The subject property is not platted. Island Acres, Block 1, Lot 1 and Lot 2 has been approved by Planning Commission but has not been recorded as of February 26, 2009. Department Comments: • The property was annexed in 1999. • Staff responded to a request by Mr. Littleton on February 7, 2000 by letter informing him that a sand quarry operation may continue after annexation. (See attachment 16) • The sand quarry operations where active prior to annexation and became a nonconforming use after the property was annexed and zoned "F -R" Farm and Rural. • The standard practice for existing uses that are annexed is to allow them to continue after annexation. • In 2008, when the property owner applied for a building permit, staff indicated that rezoning was necessary since the construction of a building to support the sand quarry was an expansion of an existing non - conforming use. • The Development Services and the Legal Departments met with the property owner and worked out an agreement dated January 5, 2009, that staff would support a special permit to allow the expansion of the sand quarry and, to allow a concrete recycling use and to allow one existing cell tower. (See Attachment 13) • The applicant did not submit a site plan with the application. If a special permit is recommended by staff or Planning Commission the applicant will need to prepare a site plan prior to scheduling of the item before City Council. Original Staff Recommendation: After several discussions with the applicant's representative staff has offered several changes to the original recommendation as follows: • Allow a start time of 7 am instead of 7:30 am. • Screening of the property is only required where there are abutting residential lots with residential structures within 100 feet of the property. • Removal of the building line requirement for the acquisition of additional future right -of -way in addition to the 60 foot dedication. • Removal of the requirement on the special permit for the State multi - purpose permit for stormwater protection and the note stating the applicant must comply with state and federal requirements. (Removal of these two requirements does not eliminate the need for compliance with state or federal law if required by the City Code of Ordinances.) Planning Commission's Recommendation (March 18. 2009): Denial of the "I -3" Heavy Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plan' and the following eight (8) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. A site plan was not finalized by the applicant until April 6, 2009. -354- Zoning Report Case #: 0309 -03 Melvin Littleton Page 6 b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Alternative Applicant's and Staff's Recommendation: The applicant who was not at the March 18, 2009 Planning Commission meeting, advised staff that several additional changes to the Planning Commission recommendation were desired. Staff and the applicant are in agreement with the recommendation below. Denial of the "I -3" Heavy Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plane and the following nine (9) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 2 A site plan was not finalized by the applicant until April 6, 2009. -355- Zoning Report Case #: 0309 -03 Melvin Littleton Page 7 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department, 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. 9. Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right -of -way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of the zoning fee ($4,896.90). Number of Notices Mailed 16 — 16 within 200 foot notification area; 4 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 14 (outside notification area) As of April 23, 2009 Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5, Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Dimension Drawing for a new Building 13. Island Acres Aerial Photo 14. 1999 and 2001 Aerial Photo 15. Agreement 16. Letter to Mr. Littleton dated February 10, 2000 -356- .0 400300 .j :r=Fert. 01'1912009 0 By: .SRi li[SPIvicPS CASE # 0309 -03 1. NEIGHBORHOOD - 2007 AERIAL Subject Prnperty Refer to Map 2a U 2b for Nei?' ?.norn.00d Existing Land ::se. Also a‘ a labie at www.cctexas.cow Map Scale: 1:31.6 ('ily of Corpus Christi r VAC VAC VAC VAC VAC VAC VAC / VAC �C C; • 0 400 800 Feet VAC VAC VAC rj WATER o., toos Prepare° By SRR Department of Development Seances CASE # 0309 -03 2.a. NEIGHBORHOOD - EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR "-d Dr nsity Res- - MDR I--ra. i r: ■.1 Density Res. - HDR , t' r Ile Home - MH urofi bnal Office - PO nnmercial - COM Light Industrial - LI 1 ±-// 1 Heavy Industrial - H7 ?`P Public Semi - Public - PSP Park [ GC [ Drainage Corridor - DC CP Conservation/Preservation -CP n Water Map Scale: 7:10,000 LOCATION MAPI k SUBJECT PROPERTY City of Corpus Christi [3i CASE # 0309 -03 2.b. SITE- EXISTING LAND USE Estate Residential - ER ii Light Industrial - LI [ - Low Density Res. - LDR 1 y11 1 Heavy Industrial - Hl Dr nsity Res- - MDR !?SP Public Semi- Public - PSP Density Res. - HOR 1 1 Pork U , t' r Ile Home - MN Drainage Corridor - DC �'� - _ nt• VAC CP Conservation/Preservation - CP ”rofi 'oval Office - PO n water L nnmerciai - COM Map Scale: 12.40© SUBJECT PROPERTY LOCATION MAPI City of Corpus Christi ,ATER 'VOTER 0 400 800 Feet Q2 4 U WATER o., toos Prepare(' BY SRR Department of Development Seances CASE # 0309 -03 3.a. NEIGHBORHOOD - Agricultural /Rural - AR 1 Estate Residential - ER I'e'J - - Low Density Res. - LDR f Lt j rsfty Res. - MDR I of/ 7_1 ^gh Density Res. - HOR r _, ,IleHome - MH ...cant -VAC - o lI Pr oft—. /anal Office - PO DP CLmu,ercfal - COM l cP Transportation Plan non ;;l .A9 e-ris's Collectors - - - -• Expressrvay5 urur. Parkway 4 4— Railroad FUTURE LAND USE Tourist - TOR Ro,aarch /Business Park - RBP Light Industrial - LI Heavl Industrial - HI Pub!- Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation/Preservation - CP Map Scale: 1:10.000 k LOCATION MAPI SUBJECT PROPERTY City of Corpus Christi i 0 400 '800 Feet Ore 4:14:64; • CASE # 0309 -03 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER id Ra,aarch /Business Park - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - I ,sity Res. - MDR Heavl Industrial - HI - "gh Density Res. - HDR Pub'' Semi - Public - PSP Ile Home - MH Park - 1 •.'cant -VAC - Drainage Corridor - DC ' 'on tonal Office - PO "P Dredge Placement - DP _�n.,..✓cial -COM l ] Water GP Conservation/Preservation - CP Transportation Plan .4 +ferib's Collector --- -. Ex pi ass vays -- - Parkway 4 +— R.:elroad Map Scale: 1:2.400 SUBJECT PROPERTY LOCATION MAPI City of Corpus Christi CASE # 0309 -03 4. SITE- 2007 AERIAL Refer td Ma.? 2'or Neighborhood E •::r!� La.si Use 41so available di !. !. !..ccte.:as.com LOCATION MAPI 0 400 800 Feet 0$!19;3009 Prepared SRR Department of devetopme'A`rnees CASE # 0309 -03 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY LOCATION MAP 0 400 800 Feet 02/19 ;20091 Prepared ay SRR Department ofbevetopment Services ewrJ CASE # 0309 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 9 -1 Apartment House District 1 -1 Limited industrial District 4 -IA Apar t _N kouee District 1-2 4 oIi Industrial District A-' Ape dint house DI91ct 1-3 Heavy Industrial Dspr10 AE Professional Canon District PITD Planned Unit Development AT App In rt Tenrisl D;ntd.t $- A Oro Family Re flea Dist rot B -1 ITeigiaboihoott Eusine o D>ndld R-18 Our Family Cradling t nnvlct E14 NinigThorhood Buslnaaa. Ditch R - +r or- Family Datil tg D >ert B-2 Bayfraat Evinces Dlstrlct R-2 NEltrale Dee ling Denial L-1A Rainer Island Business District RA One Family Dw Il g Diotria B -i Brelness District RE Residential Estate Pleura $-4 r nnral Busioas.. District R -H Toandauaa DnePng District e n Priilare BUniinesn Plate BP p coJ Peritiit B-4 Printer, 'Business Otte Dlstrlct T -9 a Tr-el Trailer Park PVT" ED Cori US Cretan Beach Design Diet T=1 E enufaetmad H nna Pnrk Dlsldat FR Farr RLI al Diillat Manufactured Home Rurally eon HE Matodcal- Guttural Landmark [Redd'. Preservation l ©1 toot Pratt-try Ou.rv.31Y 00 vier Eh¢riet otrot 200 se d or At Ot4Pera RA e s e /Alba a'e noopue -dn {SUBJECT.: PROPERTY LOCATION MAP COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0309 -03 Name: Melvin Littleton Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 15 0 Attachment 7 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 4 Marilyn Korhonen, 6877 Hwy 361 #35 — See Letter Gregory J. and Cynthia M. Sacony, 413 Rolling Green Drive, Lakeway, TX 78734 — See Letter Peter Huff, 3201 Rustic River Cover, Austin, TX 78746 — See Letter Raymond A. Luxton, 14826 Sea Bird Lane, Port Aransas, TX - See Letter III. Responses received from owners/applicants of subject area: Favor: 0 Opposition. 0 —369 — IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\Pldd- DiR\SHARED \l. Planning Commission\2009 P02009 Public CommentsW309- 01.doc -370- Attachment 8 Iiiiiiiiiiiiiiiiii sagggagNARMe:8a;88 nog.. 000rrrae�_e,a s 3gA:gcs�g-,? ae�a? aaa� 5- :-r�6 6 4 1 x s1 !! gi; iiii 8,¢1 8 a{%�5�5�5�{ g" 4 E iitgii..a-- 95ii „ ;444¢4!!!! If i3EM Zi 6EH +'n 3t ii i ii!!!!!!!!!!Ilig 11 if a d sillaaaaaaaaills ? i 4 piliiiIiiii b if o 1111111111111 /11 8P 0 i 41 120111111110131 5 .g JijJjfjflij!iij! ss! If -371- -100- ARTICLE 21. "I.3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "1 -3" Heavy Industrial District This district provides for industrial operations of' all types except that certain potentially hazardous industries arc permitted only after public hearing and review to assure protection of the public interest and surrounding property and persons. Section 21 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the 1-2" Light Industrial District except dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in item (2) below. ( 2) Dwellings or HUD -code manufactured homes for residential watchmen and caretakers employed on the premises (Ordinance 22851 02/18/97) (3) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL S1014 REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act , Texas Transponation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 4) The following user and any similar industrial uses which are not likely to create any more offensive noise, vibration, dust, hat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, and manufacture, compounding, processing, packaging, or treatment of the following products or similar products: Chemicals. Petroleum. Cal. and Allied Products Adhesives Alcohol, industrial Bleaching products Bluing Calcimine Candle Cleaning and polishing preparations (non- soap), dressings, and blackings Dyestuff Essential oils Exterminating agents and poisons Familiar (non- organic) Fuel briquettes Glue and size (vegetable) Ink manufacture from primary raw materials (including colors and pigments) Soap and soap products Clay. Stone. and Glass Products Abrasive wheels, stone, paper, cloth, and related products Asbestos products Brick, fire brick, and clay products 02/08 -372- I -3 - 10 1- Concrete central mixing and proportioning plant Glass and glass products Graphite and graphite products Monument and architectural stone Pottery and porcelain products (coal feed) Refractories (other than coat fired) Sand-lime products Stone products Wall board and plaster, !wilding, insulation, and composition flooring food and Bwaraae Casein Cider and vinegar Distilleries (alcoholic), breweries, and alcoholic spirits (non - industrial) Flour, feed and grain milling storage Molasses Oils, shortenings, and fats (edible) and storage Pickles, vegetable relish, and sauces Rice cleaning and polishing Sauerlazut Sugar refining Metals and Metal Products Boat manufacture (over five tons) Boiler manufacture (other than welded) Brass and bronze foundries Forge plant, pneumatic, drop and forging hammering Fomdries Galvanizing or pig (hot dip) Lead oxide Locomotive and railroad car building and repair Motor testing (internal combustion motors) Ore dumps and elevators Shipyard Structural iron and steel fabrication Wire rope and cable O2108 1 -3 —373— - 102- Textiles. Fibers. and Bedding Bleachety Cotton wadding and linter Hair and felt products, washing, curing, dyeing Jute, hemp, and sisal products Linoleum and other hard surface floor covering (except wood) Nylon Oilcloth, oil treated products, and artificial leather Rayon Shoddy Wool pulling or scouring Wood and Pena products Charcoal and pulverizing Excelsior Paper and paperboard (from paper machines only) Sawmill (including cooperage stock mill) Wall board Wood preserving tteatnnent Unclassified Industries Leather tanning and curing Rubber (natural or synthetic), gutta-percha, chicle, and balata processing Rubber tire and tube Shell grinding Storage battery (wet cell) Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked tarns or pats; and (3) The occupant of such area must comply with all laws, ordinates, and regulations having to do with health, welke, and safety. The scmening requirement must be met by the location and ma menace of a fimce, shrubbery, or any reasonable substitute. However, what any pct of such area is already adequately blocked from the view of the general public as a result of the suummding twain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such condition shall continue to save said purpose. No advertising shall be allowed on said screening fences. Bag cleaning Coal pocket Junk and salvage storage, treatment, or baling (metal, papa, rags, waste, or glass) Raklroad switching and classification yard, roundhouse, repair and overhaul shops Unclassified Uses (Continual 02/08 -374- - 103- Oils, vegetable and animal (non - edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business (Ordinance 22597, 06/11/96) Tar products (except distillation) Section 21 -3 Obiectlonabk Uses. The following uses, or manufacture, compounding, processing, packaging or treatment of tie following products, having accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the City of Corpus Christi be located in the "1 -3" Heavy Industrial District only after the location and nature of such use shall have been approved by the Board of Adjustment after public baring as provided in Article 29. The Board shall review the plans and statements and shall not peewit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property end persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. Within the area north of West Broadway and Nueces Bay Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses or an existing use. Chemical. Petroleum. Coal. and Allied Products Acids and derivatives Acetylene, generation and storage Ammonia Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fiuei gas) and coke oven products storage Creosote Distillation, manufect re, or refining of coal, tar asphalt, wood, and bones Explosives (including ammunition and fireworks) and explosives storage Fertilizer (organic) Fish oils and meal Glue, geWin (animal) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nacre, and storage Petroleum, gasoline, and lubricating oil refining, end wholesale storage Plastic materials and synthetic resins Potash Pyroxylin Rendering and storage of dead animals, offal, garbage, or waste products Turpentine and resin Clay. Stane.and Glass Products Brick, firebrick, refractories, and clay products (coal fired) Cement, lime, gypsum, or plaster of Paris Minerals and eai hs: quarrying, extracting, grinding, crushing, and processing Food ed Beversee OWN 1 -3 —375— - 104- Fat rendering Fisk curing Slaughtering of animals Starch manufacture Masts end Metal Products Aluminum powder and paint manufacture Blast firnace, cupolas Blooming min. Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction Steel works and rolling al (ferrous) Eastman/habits Mark nmufitdure Wood pulp and fiber, reduction and processing Unclassified Industries and Uses Cotton gaming Cotton seed oil refining Hair, hides, and raw fir, curing, tanning, dressing, dyeing and storage Shen, dredging Stockyard Section 21 -4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 21 -5 Off -street Loading Regalatbna The off - street loading regulations for permitted uses are contained in Article 23. Section 21-6 Height and Ana Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 216.01 On the side of a lot adjoining a resider ial district there shall be a side yard of not less than 25 feet. 21-6.02 When a lot abuts upon a residential district, a rear yard of not less than 25 feet is required 21403 Whenever any building or structure in the "1-3" Heavy Industrial District adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot from all required yard lines abutting such residential district for each foot of additional height above 50 feet. OVO$ -376- 1-3 - 105- 214.04 Whenever any btild'mg or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -3" Heavy Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird nixing establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not Tess than 100 feet from all required yard lines abutting a residential district. (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of a t least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 21 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1-3 -377- A truth mnnt 9 - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm-Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. ( 4) Orchards and vineyards. (5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi -public uses. (11) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) 02/08 (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right -of-way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. F -R -378- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (I) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is petmitied. (3) For undeveloped propaties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf couru. 05) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 09/11/01) Section 4A-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off -street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off -street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off -street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -9 Area Regulation. The lots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/08 F -R -379- - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for Tight manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off- street loading and off -street panting for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (I) My use permitted in the "B-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, moons, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall sips are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable sips are not allowed. Signs in this district am bather regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen( Zrs employed on the premises. (4) The following uses, and any similar uses which are not likely to ante any more offensive noise, vibration, dust, hat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses pemitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, stert and distribute goods and materials and are generally dependent on raw materiab refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chanicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufact e, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blooding only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 1 -2 -380- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Gary products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, dying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, splices, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles Flbes and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat I-2 -381- - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthctic processing) Yam, threads and cordage Wood and Parser Products Basket and hamper (wood, reed, rattan, etc.) Box and auto Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, eta) Pencils Planing and mill work Pulp goods, pressed or molded (including Imps macho products) Shipping container (corugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the Tike) Bus garage and repair shop Button manufcture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Expositian building or center Fairgrounds Fur finishing Greenhouses, wholesale IndusaW vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion-type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of -way; (ii) The outside storage may not be located in the required minimum building setbacks. 1 -2 -382- -90- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive-in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Secdoe 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not pennit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (freeing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regefatlons. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 204.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -2 ", "A -I ", "A -IA ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -113", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 20.6.03 Whenever any building in the "1-2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, canary, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "I -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district 02/08 1 -2 -383- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20.7 Supplementary height and area regulations are contained in Article 27. 02/08 -384- Attachment 10 Zoning Case: 0309 -03 Melvin Littleton From: "F -R" Farm and Rural to "I -3" Heavy Industrial Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 0 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 0 —385— Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -386- comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -387- Attachment 12: Dimension Drawing Attachment 13: Island Acres Aerial • c 1 rw ,i 64, r.. 3 1 +It/ Y �, 1f�� lace ;:I cIll Ei �. , . slt V I c[ 11 m�ig�_;- t` r 1 t NE L._ 3' s� ji Wa = 1.1W WY » wtW asp Mw. r IW.YF *MY 'Iµ11 7Ey 1 r+� \J[•. » (1 •1u w�wrnc�.Iy �.q w. �.y. 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Tiwf mu; Gat]EC1- }M1� ryq�a. 1' 1WM u; ail pip 6 Wfrta nw 31FVT Wn f AF. -389- Attachment 14: 1999 and 2001 Aerial -390- Attachment 15: Agreement SW re W a e — a.►tiur4..r City of Corpus Christi USIA pep mrmEtir iNmmic6w, C,>"'" Pyasona6-110ffi6. 0616x3: Ceeps rluua Taxis TUX ?boot 36i.*S -j C Fox 161$4: -1367 Anemia Cain PatraNanMVICS 226 Fxapioe Pkwy Suite let Ca rma Ceati hx5 7SS45 Flume 36 526-4C64 YWfrr L." -,w:L river 121 John Sa.m Cmgw C7mw Team ?WI Plain° Y11466-2611g Fan )x I4l6 tar -, w4 (CIS-la/10M% January 5, 2009 William P. McLean McLean & Howard, LLP 1004 Mopac Circle, Sub a 100 Austin. Texas 78746 Re: 84.5 Acre Tract of Land (the °Property') Owned by LFP Unimproved Investments, Ltd. and Melvin Littleton (collectively the 'Owner) Dear Mr. McLean: This letter is in response to your letter of December 18, 2008. and our subsequent telephone conversations, This Ieeer is sent in an effort to compromise issues that are currency in dispute between the Owner and the City of Corpus Christi (the "City'). 1. The Plat The Owner will complete any remaining Items necessary to finalize the Final Plat for Lot 1, Block 1 of Island Acres (the "Plat "), which shall include the 60 foot right -of -way dedication as shown the current plat, but will be amended to incude all of to area that is leased W Towers of Texas. LFP Unimproved Investments, Ltd, as the owner of the portion of the property that will be issued a final plat, w1 need to file a corrected plat application. The City will not impose any additional fees related to this revised application. 2. The Zoning a The Owner will file an application to rezone the Property to Heavy Industrial (I -3) for ai! parts of the Property, including the grandfathered sand mining operation, grandfathered telecommunications tower. and grandfathered concrete recycling operation. However, the City staff will not support the requested zonirg, but will support the issuance of a. special use permit to allow the ex stir.g uses of the Property to continue indefinitely on all or a portion of the Property as identified by the Owner as being intended for such continued use.. b. The special use permit will be conditioned upon the dedication of the 60 foot rght -of -way, as descrised in Item I above, which will allow For future improvements at the roadway that will allow for safe movements of vehicles entering and exting from the Owner's property. r>cLe.a itr 0,A52:40 —391— c. If the Owner wants to rezone a portion of the property that he does not want to use for his sand mining operations or other current operations, the staff wilt support rezoning the property for'1cw density res dental use," incud`.ng RE, RA, R -1A, or R -1B zoning, which is consistent with the City's comprensive plan, for the property on te west side of S.H. 361. The staff will also support rezoning for commercial use, including 8-1, B- 1 A, B -2A, or 8-4, the portion of the property recommended for commercial use on the City's adopted Future Land Use Map. The Owner acknowledges that staff has no lawful authority to support an application Shat is not in compliance with ail applicable laws, codes, and ordinances. Owner further acknowledges that staff my require measures to make any proposed residential development or rezoning compatible with the adjacent sand mining and other existing !and uses. d. The City staff is agreeable to expeditiously processing the re- zoning application through final approval. City staff agrees that the tme frame for completely prccessirg the re- zoning case wilt be targeted at six weeks once the application is properly Fled with the City, City staff agrees to request that the City Council waive the fees for the re- zoning application. $. Building Permit The City will expeditiously process the currently pending building permit on the Property, and will issue the permit once the plat is recorded for the porton of the property where the building will be located, and the City Councff grants the sp ecial use permit. 4. Property Owners Acknowledgment The Owner agrees to provide the City with a document acknowledging that the Citf s agreement to rezone the property to allow for te expansion of the sand mining operation, and construction of additional facilities is adequate componsaton far the dedication of the 60 foot right- of-way along S.H. 361. If this fetter reflects your understanding of how the parties intend to move forward toward resolutions of this dispute, please have Mr. Littleton sign Ir. the space provided below. The parties agree and understand that this letter represents an expression of the intent of certain representatives of the parties for to terms upon which the parties intend to attempt to rove toward a final resolution. Sincerely, OWNER: LFP Unimproved Invest?rents, Ltd. rY htelvn for hinset. d a% Menbercr Littleton Family Properties Uaragement, LLG. x Ostia!! of, as General Partner, Littleton Family Properties, Ltd.. on behalf of. as Member. LFP Managemert GP. LLC, cn tebalr of, as Gc:e al Partner, .F2 'Unimproved Inveat.- nnerts. Ltd. 8 ainin� First Assistant Cty Atitmey THE CITY: By: Robert Mx, Jr. Assistant City Manager Development SerAxs -392- Attachment 16: Letter to Littleton, February 10, 2000 City of Corpus Chna wrosarossees Mr. Mehrin M Littleton Island Construction Inc. 420 E Cotter St. Port Aransas, TX 78373 February 10, 2000 E C E I V E ' FEB 183 J Planrfng & Dave-went 0 partrnecti Subject 42.523 acres of land, rnors or less, out of J. W. Waterbury Sunray No, 596, Abseact 408, Land Scrip 167, Texas HWY. 361, Mustang island, Nueces County, Texas Dear Mt. Littleton: Thank you very Muth for your letter of February 7 requesting a formal determination of the status of the subject property. As we have been informed by you, you have had in the past and are currently operating this property as a sand bonvw pit and grazing land. Further, we understand that this property was so utilized at the time of annexation. I am pleased to advise you that those two uses are grandfathered under our annexation procures and under State law. Mille rezoning of the property could occur, at the most the uses would be non-conforming which means that you could continue hdelnitery tf there is no break in such utilization. I should point out that your borrow pit must be operated in conformity edit State statutes and Railroad Commission regulations governing quarries and similar activities. if we may provide any additional Information, please do not hesitate to tall an me at 361/880- 3232 or tut Jay Reining, Asst. City Attorney at 381/880 -3360. Mhos been our pleasure to provide this information to you which should hopefully fulfill your needs. W. Thomas Utter Assistant Ctiy Manager cc: David R. Garda, Clty Manager Ames R. Bray, City Attorney Michael Gunning, Director of Planning s1 Jay Reining, Asst. City Attorney Norbert Hart, Director of Housing & Community Dev. Pd2�aex 4277 • C rpus Christi 7kxas 7846 -4277 • • (512) 880 -3000 `r+ro/V —393— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, March 18, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived 5:45 James Skrobarczyk - ABSENT John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor I. CALL TO ORDER Garza. STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:31 p.m. by Chairman B. ZONING 1. Tabled Zoning a. Case No. 0309 -03 Melvin Littleton — A change of zoning from "F -R" Farm Rural District to "I -3" Heavy Industrial District resulting in a change of and use from farm and rural to heavy industrial 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas Robert Payne, Development Services, presented the above case via PowerPoint, stating the applicant is Melvin Littleton. Mr. Payne stated the applicant is requesting a change of zoning from "F -R" Farm Rural District to an "I -3" Heavy Industrial District. Mr. Payne stated the applicant would like to construct an 8,000 square foot building to store equipment used for the sand quarry use on the property and an "F -R" District will not allow for such construction. Mr. Payne stated that zero notices were received from property owners within the notice area either in favor or opposed. Mr. Payne did state, however, that fourteen (14) letters and emails from outside the notice area stating opposition to the proposed re- zoning. Mr. Payne stated when this property was annexed by the city in 1999 the property was zoned "F -R" Farm and Rural use. The existing commercial sand quarry operation was automatically grandfathered as a legal, nonconforming use at the time of annexation. Mr. Payne stated in September of last year when Mr. Littleton applied for a building permit to build a building for storage of his sand quarry operation equipment, staff explained that he would first have to rezone the property for the sand quarry use. Subsequently, staff and the applicant signed an agreement or letter of understanding that included an agreement that the applicant would apply for an "I -3" Heavy Industrial district. Mr. Payne also stated the agreement included staff's support of a Special Permit in lieu of the "I -3" Heavy Industrial district. -394- Planning Commission Minutes March 18, 2009 Page 2 Staff recommends denial of the "I -3" district and in lieu thereof a Special Permit subject to a site plan and the following nine (9) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, concrete recycling use and an existing cell tower, as designated on the site plan. a. An equipment storage building per the site plan of 8,000 square feet. b. Piles of sand and concrete materials shall not exceed a height of fifteen feet. c. The concrete recycling use does not include a permanent or temporary concrete production plant. 2. Hours of Operation: Business hours are limited to between 7:00 AM and 7:30 PM. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Landscaping: Compliance with Article 27B. Landscape Requirements. 5. Buffer Yard: A 20 foot side and rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures, storage materials or quarry areas. 6. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear or side property lines or across State Highway 361 to adjacent residential areas. 7. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. Placement of a 60 foot building line parallel to State Highway 361 for future purchase of right -of -way. 8. State and Federal Law: The applicant shall be in compliance with all state and federal laws pertaining to the uses of the property. 9. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and identified on the site plan. Before a building permit applicant to install the tanks the property must also obtain approval from the Zoning Board of Adjustments and the Fire Department. 10. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Applicant would like the following changes to the above stated conditions: Piles of sand and concrete materials shall not exceed a height of thirty feet, hours of operation to be limited to 7:30 am and thirty minutes before sunset, landscaping requirements be deleted, new lighting limited to three foot candles when next to residence, and the time limit condition be deleted. Jay Reining, Legal Department, stated this applicant's rezoning was partially an attempt to compromise with the applicant on the issue of the future of purchase of a 60 -foot right of way by the City for future expansion of State Highway 361. The use of the facility for concrete recycling was grandfathered in due to the applicant showing proof of the property being used for this purpose prior to annexation. In response to Commissioner Nadkarni, Jay Reining and Faryce Goode - Macon, Development Services stated any additional future buildings would need to be noted on a site plan. In response to Commissioner Nadkarni, Jay Reining stated that the applicant and the city had agreed to not impose the city landscaping requirements on the applicant. H:\PLN- DIR\SHARED \l. PLANNING COMMISSION\ 2009 CCAPRIL'09\0309 -03 LITTLETON MINUTES.DOC -395- Planning Commission Minutes March 18, 2009 Page 3 In response to Commissioner Martinez, Jay Reining stated according to current negotiated Special Permit conditions, there is no time limitation on future expansion as long as it related to a use of the property stated in the conditions of the Special Permit. In response to Commissioner Tamez, Faryce Goode -Macon stated "I -2" Light Industrial District was not an application option due to the current "I -3" uses of the property including above ground fuel storage tanks. Public hearing was opened. Jim Urban, Urban Engineering, stated he is representing the applicant and has been working with staff since 2007. Mr. Urban stated that he has spent significant time working with both staff of Development Services and the Legal Department on an agreement and believed walking into the meeting of March 18, 2009 an agreement had been reached. Mr. Urban stated that he hoped the Planning Commission would agree with the conditions of the permit that staff, legal and the applicant had developed. Mr. Urban also stated that the uses of the condition were grandfathered in based on uses previous to annexation. Mr. Urban stated the property use issues are not the reasons for a request in change of zoning, but instead a proposed construction of an 8,000 square foot building for the purposes and screening and protecting equipment used on the property. Mr. Urban stated the "I -3" Heavy Industrial District is not what the applicant wants but was told by Development Services staff to apply for the "I -3" in order to build the proposed building. Mr. Urban also stated that applicant has no interest in building any type of industrial park on the property. In response to Commissioner Nadkarni, Mr. Urban stated he did not know whether the above ground fuel storage tank was in use before annexation. Mr. Urban also stated the attorney's argument for the grandfather clause is just not extended to how the property was used before annexation but also the owner's opportunity to continue said business taking into consideration factors such as technology changes. Mr. Urban stated the applicant is willing to meet any requirements necessary for the above ground fuel storage tank. In response to Commissioner Nadkarni, Mrs. Goode -Macon stated the above ground fuel tanks would need to'be delineated on the site plan to be submitted by the applicant. In response to Chairman Garza, Mr. Urban stated the property is 80 acres and landscaping could easily exceed the cost of the proposed building. Mr. Urban also stated the applicant has already incurred costs related to this project in excess of a couple of hundred thousand dollars. In response to Chairman Garza, Mr. Urban stated as the island continues to develop he foresees the business having run its course and no longer being of use. Mr. Urban also reiterated that of the notices sent out to property owners there were no notices in opposition. Mr. Urban also stated that subdivisions such as La Concha could not have been built without the applicant's business. In response to Chairman Garza, Mr. Urban stated that he believes it will be sometime before the adjacent property actually develops, possibly ten to twenty years, and therefore the construction of the proposed building is necessary for continued use of the property, although, again, in his judgment the business will at some point have run its course. Mr. Urban also stated the applicant is not attempting to gain "I -3" Heavy Industrial District uses, but simply to continue the property owner's current uses which have been established to be grandfathered uses. HAPLN- DIR\SHARED \I. PLANNING COMMISSION 12009 COAPRIL '09\0309 -03 LITTLETON MINUTES.DOC -396- Planning Commission Minutes March 18, 2009 Page 4 In response to Chairman Garza, Mrs. Goode -Macon stated for future proposed buildings are acceptable subject to a site plan and the conditions of the proposed Special Permit. Mr. Urban stated that according to future land use maps the area around the subject property will be developed. He stated not granting the Special Permit would be short-sided on the part of the Planning Commission considering the need for a business that will provide the necessary supplies (sand for foundations) for those developments. Vice -Chair Huerta stated, area like this is good, but be sensitive to future development and is in favor of a special permit versus a change in zoning. In response to Vice -Chair Huerta, Mr. Urban stated that a berm had been considered, but due to the activities on the property, versus screening the activities and equipment the height that would be required on the berm would in all likelihood would cause more of a visual distraction. Randall Moore, 3121 Nausau, came forward in favor of the Special Permit and stated he is the applicant's son -in -law. Mr. Moore stated they have worked on this project for approximately 18 months and he and his father -in -law are in agreement with the need for the construction of the proposed building. He stated the building is necessary because of the purchase of upwards of half a million dollars in equipment and the need to protect that equipment given the harsh island conditions. Mr. Moore stated he did not wish to go through the re- zoning process. Mr. Moore also stated the cost of six -foot fence or a berm would not be economically feasible. Mr. Moore stated "I -3" District should be allowed simply due to the grandfather clause. In response to Chairman Garza, Mr. Moore stated the property owner would prefer to keep working sand piles in place on the property versus Mr. Garza's suggestion of placing the sand piles at the front of the property to create a type of screening. Mr. Moore stating that placing the piles in front of the property would cause the property owner to suffer a loss of the sand product. Mr. Moore also stated the crushed concrete pile is in the front of the property. Mr. Moore also stated in reference to screening the operation that the piles are in fact the business's operation. In response to Vice -Chair Huerta, Jay Reining, stated the most the city is entitled to require in regards to landscaping would be three and half feet wide based on Article 27B. Vice -Chair Huerta stated a setback or better conditions would work better to screen the property's uses. Rod Wolthoff, 15918 Palo Seco, Corpus Christi, TX 78418, President of the Mayan Princess came forward in opposition. Mr. Wolthoff reiterated the opinions expressed in a letter received on this case from John D. Bell of Wood, Boykin & Wolter. Mr. Wolthoff stated that no notices in opposition were recorded because the properties are currently vacant lots. Mr. Wolthoff stated the business/property is nothing more than a nuisance to local property owners. Mr. Wolthoff expressed concerns regarding the applicant not wanting proposed construction limitations for possible future construction while at the same time stating the business would probably not be in use sometime in the future. Mr. Wolthoff also stated concerns regarding what possible uses the applicant might have in mind for the future. Arthur Zeitler, 4230 Spring Creek, Corpus Christi, TX 78418, Attorney for La Concha Estates Owner's Association, came forward in opposition. Mr. Zeitler stated a La Concha estate has over one hundred (100) lots. Mr. Zeitler stated the grandfather clause does not allow expansion of a nonconforming use Mr. Zeitler quotes the zoning report for the case stating "The proposed H:\PLN- DIR'.SHARED \1. PLANNING COMMISSION\2009 CCWPRIL'09\0309 -03 LITTLETON MINUTES.DOC —397-- Planning Commission Minutes March 18, 2009 Page5 expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City's plans for future development of the island or with Smart Growth principles." Mr. Zeitler stated concerns that approval of an "I -3" Heavy Industrial District is a "back door" to an industrial park. Mr. Zeitler stated concerns regarding the lack of deed restrictions. Mr. Zeitler also stated concems the business would develop far beyond the grandfathering clause. Daniel Gonzalez, representative for Admiral's Row, came forward in opposition. Mr. Gonzalez stated opposition to the proposed re- zoning in addition to opposition to the recommended Special Permit. Mr. Gonzalez reiterated statements from the John D. Bell's letter to the Planning Commission dated March 16, 2009. Mr. Gonzalez stated based on aerial photographs of the property the sand pit operations have greatly expanded. Mr. Gonzalez stated the use is inconsistent with Comprehensive Plan for the area and expressed conceming in regards to the harming of adjacent property. Mr. Gonzalez also stated potential buyers may be discouraged by a large concrete recycling plant with thirty foot concrete piles on an adjacent property. Jack Ponton, 1900 State Highway 361, Corpus Christi, TX, representing three different property owners in the area, came forward in opposition. Mr. Ponton requested if Special Permit was granted that screening be required where future residential developments may be built. Mr. Ponton stated he had no objections to the proposed construction of the building as the preference would be to conceal the heavy equipment versus the heavy equipment being visible on the property. Public hearing was closed. In response to Commissioner Tamez, Mr. Reining stated staff's recommendation is not to change the zoning to "I -3" Heavy Industrial District but rather to keep the current "F -R" Farm Rural District. In response to Vice -Chair Huerta's statement to consider an additional condition of the Special Permit to include a 500 foot setback, Mr. Reining reiterated as a compromise the applicant will be dedicating a 60 foot right -of -way for future expansion of State Highway 361 in return for minimal conditions of the Special Permit. Mr. Reining also reiterated the applicant is allowed to strip mine, perform concrete recycling or any other operation that was in use prior to annexation. Mr. Reining also stated the applicant is not required to do any screening or any landscaping because of the grandfather clause. Mr. Reining stated the Special Permit and dedication of the right -of -way was a negotiated trade -off on the part of the city. In response to Vice -Chair Huerta, Mr. Reining stated the Planning Commission can recommend the 500 foot setback, but the applicant does not have to accept the offer and the city may in turn lose the opportunity for the dedication of the right -of -way. In response to Commissioner Martinez, Mr. Payne stated the existing dedicated right -of- way is 120 feet and the applicant would be dedicating an additional 60 feet. In response to Vice -Chair Huerta, Mr. Urban stated a 300 foot setback would be acceptable to include in the special permit zoning, but 500 feet in his opinion is an excessive request. Mr. Urban stated the reason for the change of zoning request was simply to construct a metal building and the city has the option to instead purchase the right -of -way from the applicant. In response to Commissioner Nadkarni, Mr. Urban stated in his opinion more than a 360 foot setback is again excessive and the dedication of that percentage of land with restricted use is not acceptable to the applicant. H:\PLN- DIR\SHARED \I. PLANNING COMMISSION 32009 CC APRIL '09\0309 -03 LITFLETON MINUTES.DOC -398- Planning Commission Minutes March 18, 2009 Page 6 In response to Commissioner Nadkami, Mr. Moore stated the applicant is willing to keep the crushing operation behind the 300 foot line, but 500 feet is excessive. Mr. Moore also stated it would pose an imposition to the current operation's infrastructure and operating system. Mr. Zeitler came forward in rebuttal stating the setback is a relevant issue but is concerned about the issue where the applicant is at odds with the staff's recommendation. Mr. Zeitler stated these differences are what may lead to an industrial park which is his greatest concern. In response to Vice -Chair Huerta, Mr. Reining stated only grandfathered uses would be allowed with no "I -2" uses other than what is set as conditions of the Special Permit and reminded the Planning Commission that the property is currently zoned as "F -R" Farm Rural District. Mr. Wolthoff came forward in rebuttal stating he foresaw the Planning Commission approving the Special Permit and was concerned with the applicant's objections to various conditions of the Special Permit. Mr. Wolthoff stated the Planning Commission had the leverage to prevent approval of the Special Permit. Mr. Wolthoff also stated concerns about a concrete crusher and the potential noise pollution. In response to Commissioner Nadkarni, Mr. Wolthoff stated the filing of a lawsuit would be a consideration if the Planning Commission denies the request and does allow a Special Permit and the applicant with their grandfathered uses placed a crusher in front of the property. Mr. Wolthoff also feels this is creating a nuisance and could justify a lawsuit. In response to Commissioner Nadkarni, Mr. Reining stated the applicant has the right to continue their operation and a nuisance is created only if they violate the city noise ordinance as it relates to sound. Public hearing closed. Motion to approve staff's recommendation with the revision to include a 360 foot setback was made by Commissioner Martinez and seconded by Commissioner Tamez. In response to Commissioner Nadkarni, Mr. Reining stated the sound containment ordinance still applies to the operation. In response to Commissioner Nadkarni, Mrs. Goode -Macon stated the site plan would have information stating the proposed building would only be used for storage. The Planning Commission agreed to the following conditions for the Special Permit: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". H:\PLN- DIR\SHARED \I. PLANNING COMMISSION\2009 CCIAPRIL '0910309 -03 LITILErON MINUTES.DOC -399- Planning Commission Minutes March 18, 2009 Page 7 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles the property line when there is an abutting residence. 6. Platting: Recording of a, plat.forthe.property with.dedicatiomof- 6Q.feet.of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the -above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition 441 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Motion passed unanimously. H:\PLN- DIR'SHARED \I. PLANNING COMMISSION \2009 CC\APRIL '09\0309 -03 LITTLEPON MINUTES.DOC -400- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MELVIN LITTLETON, GENERAL PARTNER, LFP UNIMPROVED INVESTMENTS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 82.403 ACRES OUT OF J. W. WATERBURY SURVEY 596, LAND SCRIP 167, MUSTANG ISLAND, NUECES COUNTY, TEXAS, FROM "F -R" FARM AND RURAL DISTRICT TO "F -R/SP" FARM AND RURAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING, SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Melvin Littleton, General Partner, LFP Unimproved Investments, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, Wednesday, March 18, 2009, during meetings of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas, located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Subdivision, from "F -R" Farm and Rural District to "F- R/SP" Farm and Rural District with a Special Permit to allow for the construction of an equipment storage building, subject to a site plan, attached, and eight (8) conditions. (Zoning Map 023027) (Exhibit A) (Site plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, H:\ LEG- DIR\SharedQEGAL- DEV.SVCS12009 Agenda \5- 121Q4Ig1yiing 0909 -03- Littleton F- R- special permit PlanComm.doc Page 2 of 4 concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. 1. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. 2. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. 3. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. 4. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". B. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. C. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. D. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of- way per item F. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. E. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. F. Platting: Recording of a plat for the property with dedication of 60 feet of right - of -way to the City for future expansion of State Highway 361. G. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks, the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. H. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \5- 12\81Q3 eoning 0909-03-Littleton F -R- special permit PlanComm.doc Page 3 of 4 SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of May, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: May 4, 2009 eborah Walther Br Assistant City Attorney For City Attorney H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \5.12 \ORES tning 0909 -03 - Littleton F- R- special permit PlanComm.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \5- 121ORD- zoning 0909 -03- Littleton F- R- special permit PlanComm.doc AT /PUD- BE44A CASE # 0309 -03 Planning Commission's Recommendation From: "F -R" To: A Special Permit with eight (8) conditions subject to a site plan Ordinance No.: f LOCATION MAP -405 - Fvhhi if A -406- AT /PUD- BELLA CASE # 0309 -03 Staff and Applicant's Alternative Site Plan and Recommended Conditions From: "F -R" To: A Special Permit with nine (9) conditions subject to a site plan Ordinance No.: -407- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MELVIN LITTLETON, GENERAL PARTNER, LFP UNIMPROVED INVESTMENTS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 82.403 ACRES OUT OF J. W. WATERBURY SURVEY 596, LAND SCRIP 167, MUSTANG ISLAND, NUECES COUNTY, TEXAS, FROM "F -R" FARM AND RURAL DISTRICT TO "F -R/SP" FARM AND RURAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING, SUBJECT TO A SITE PLAN AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Melvin Littleton, General Partner, LFP Unimproved Investments, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, Wednesday, March 18, 2009, during meetings of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas, located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Subdivision, from "F -R" Farm and Rural District to "F- R/SP" Farm and Rural District with a Special Permit to allow for the construction of an equipment storage building, subject to a site plan, attached, and nine (9) conditions. (Zoning Map 023027) (Exhibit A) (Site plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following nine (9) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \5 -12 d 8aning 0909 -03- Littleton F- R- special permit Staff- Applicant.doc Page 2 of 4 concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. 1. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. 2. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. 3. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. 4. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". B. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. C. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. D. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item F. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. E. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. F. Platting: Recording of a plat for the property with dedication of 60 feet of right - of -way to the City for future expansion of State Highway 361. G. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks, the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. H. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. H:\ LEG- DIR \SharedLLEGAL- DEV.SVCS\2009 Agenda \5- 12 \Oli Doing 0909 -03- Littleton F- R- special permit Staff - Applicant.doc Page 3 of 4 Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right -of -way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of the zoning fee ($4,896.90). SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of. May, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: May 4, 2009 kleborah Walther BroQ Assistant City Attorney For City Attorney H:\ LEG- DIR1Shared\LEGAL- DEV.SVCS\2009 Agenda\5 -12\Oa bnoning 0909 -03- Littleton F- R- special permit Staff - Applicant.doc Corpus Christi, Texas day of 2009 Page 4 of 4 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda \5 -12 \Od l inning 0909 -03- Littleton F- R- special permit Staff - Applicant.doc t; E • Li :44 2- • I 4 tt t- I a ft ; tit!=a r ; e P ;IS? 11 1; it 4 s: 1! p 7 nil tgl :1 1.1 rf- ;f- .11 J.-1R"t-L sr 1.1 !! I V! ',4vgrArlt7ZI ,,; I . g!nz slo zrr. eg.::gge g • ; aiz 1,1i2 te-24,1Ze.. v kil 1 aaa.,70. • • • • • c14; : -"":• ( • y 1/4 —412— AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 12, 2009) Case No. 0309 -03, Melvin Littleton: A change of zoning from a "F -R" Farm and Rural District to a "I -3" Heavy Industrial District resulting in a change of land use from farm and rural uses to heavy industrial uses described as an 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Subdivision Planning Commission's Recommendation (March 18. 2009): Denial of the "I -3" Heavy Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plan' and the following eight (8) conditions: I. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F- R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At Least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Alternative Applicant's and Staff's Recommendation: The special permit conditions are identical to the Planning Commission recommendation except condition 4 has been revised and a new condition number 9 has been added. A site plan was not finalized by the applicant until April 6, 2009. -413- Denial of the "I -3" Heavy Industrial District and in- lieu - thereof approval of a Special Permit subject to a site plant and the following nine (9) conditions: I. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F- R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. 9. Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right -of -way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of the zoning fee ($4,896.90). Requested Council Action: Approval of the Planning Commission's Recommendation. Summary: • Request: The applicant is requesting a change of zoning on 82.403 acres from an "F -R" Farm and Rural District to an "I -3" Heavy Industrial District. The applicant has requested the "I -3" Heavy Industrial District as part of an agreement with the City Development Services and the Legal Department (see Zoning Report Attachment 15) as one of the conditions prior to issuance of building permits for construction of an equipment storage building. • Existing Land Uses: The subject property has three non - conforming (grandfathered) uses: a sand quarry; a concrete recycling facility; and a lattice type cell tower. The property was annexed on December 21, 1999 by ordinance 02389 and zoned with a "F -R" Farm and Rural District. While the 2 A site plan was not finalized by the applicant until April 6, 2009. H:\PIN- DIR\SHARED\l. Planning Commissbn\49IAMay '0940309.03 Melvin Littleton Agenda Memo.doc "F -R" Farm and Rural District does not allow a sand quarry or concrete recycling facility, the intent of the annexation was to allow existing uses to continue as "non - conforming" uses. As a nonconforming uses, any future expansion of the uses would require the property owner to apply for rezoning so that, if City Council approves the rezoning, the uses would be conforming. When the property owner applied for a building permit in 2008, for a equipment storage building, one of the issues was that the building to house the sand quarry and recycling facility equipment would constitute an "expansion" of the non - conforming use. An expansion of the non - conforming use could not be allowed until the property is rezoned and replatted. After the property owner discussed the issues with developing a building an agreement between the property owner, Development Services and the Legal Department was prepared. Attachment 13 contains the signed agreement between the city and the property owner. • Existing Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of: "Minerals and earths: quarrying, extracting, grinding, crushing, and processing ". Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. Residential uses are not allowed in the "I -3" District. • Transportation and Circulation: The subject property has access to State Highway 361. Currently, State Highway 361 is a two lane roadway in a 120 foot right -of -way. The Future Transportation Plan calls for State Highway 361 to be up graded to a Primary Rural Arterial divided by a drainage ditch and with two parallel outer drainage ditches in 240 feet of right -of -way. The Urban Transportation Plan has also designated State Highway 361 to be an off-set right -of -way where the additional 120 foot of right -of -way to be acquired shall be entirely from the west side of the existing roadway. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 0 on a scale of 100 points. The proposed expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City's plans for future development of the island or with Smart Growth principles. Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for low density residential uses with some commercial along the frontage of State Highway 361, therefore, the proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. Plat Status: H:\PLH- DIRISHARED \l. Planning Conunisson\2 9RN1ayMO309 -03 Melvin Littleton Agenda Memo.doc The subject property is not platted. Island Acres, Block 1, Lot 1 and Lot 2 has been approved by Planning Commission but has not been recorded as of April 6, 2009. Department Comments: • The property was annexed in 1999. • Staff responded to a request by Mr. Littleton on February 7 2000 by letter informing him that a sand quarry operation may continue after annexation. (See attachment 16) • The sand quarry operations where active prior to annexation and became a nonconforming use after the property was annexed and zoned "F -R" Farm and Rural. • The standard practice and state law requires that existing uses that are annexed is to allow them to continue after annexation. • In 2008, when the property owner applied for a building permit, staff indicated that rezoning was necessary since the construction of a building to support the sand quarry was an expansion of an existing non - conforming use. • The Development Services and the Legal Departments met with the property owner and worked out an agreement dated January 5, 2009, that staff would support a special permit to allow the expansion of the sand quarry and, to allow a concrete recycling use and to allow one existing cell tower. (See Attachment 13) The agreement also indicated that staff would support reimbursement of the zoning fees in consideration for a 60 foot right -of -way dedication across the front of the property for expansion of State Highway 361. • At the Planning Commission meeting on March 18, 2009, the staff report offered a staff recommended special permit with conditions and an alternative applicant proposed special permit with conditions. At the meeting and after public comments, the staff, Planning Commission, and the Applicant's representative agreed to a compromise list of conditions. Subsequently, the Applicant, who was not at the Commission meeting, has indicated a need to change the site plan and condition number 4 as indicated in the Alternative Staff and Applicant's Recommendation. Notification: Of the sixteen (16) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) notices were returned in opposition within the 200 foot notification area. However, letters of opposition were received outside the 200 foot notification area. The 20% rule is not invoked. The State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. While the 20% rule is not invoked, staff considers this case to be controversial due to the nature of an industrial use located in a planned residential area and fourteen (14) letters of opposition from property owners across State Highway 361 located in the La Concha Subdivision and at the Mayan Princess. FGM/ej Juan Peralet, P.E., Interim Assistant City Manager of Development Services H:\PLN- DIANSHARED \I. Plmming Commissbn R�MaY 0 3309-03 Melvin Littleton AgWa Memo.doc Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Item A: Ordinance and Site Plan (Planning Commission's Recommendation) 4. Alternative Applicant's and Staff's Recommended Site Plan 5. Item B: Ordinance Senior Planner en (, H:'PLN.DIRISHARPD \I. Planning CommiuonL0091CZlay '09'0309 -03 Melvin Littleton Agenda Memo.dnc CITY COUNCIL ZONING REPORT Case No.: 0909 -03 Planning Commission Hearing Date: The original public hearing date was on March 4, 2009, however the applicant requested tabling of the public hearing until the Planning Commission meeting of March 18, 2009. Applicant: Melvin Littleton, General Partner, LFP unimproved Investments, Ltd. Owner: Same as above Representative: Jim Urban, Urban Engineering Address: 7520 and 8050 State Hwy 361 Legal Description/Location: 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Zoning Request From: "F -R" Farm and Rural District To: "I -3" Heavy Industrial District Area: 82.403 acres Purpose of Request: To construct a building for storage of existing construction equipment. In addition, rezoning is part of a legal agreement between the city staff and the property owner to rezone and plat the property Zoning, Existing and Future Land Use Zoning Existing Land Use Future Land Use Site "F -R" Farm and Rural Vacant and Heavy Industrial Low Density Residential and Commercial North "F -R" Farm and Rural Vacant Low Density Residential South "F -R" Farm and Rural Vacant Low Density Residential East "AT" Apartment Tourist Vacant and Low Density Residential Tourist and Commercial West "F -R" Farm and Rural Vacant Low Density Residential ADP, Map & Violations Area Development Plan: This tract of land is located in the Mustang Padre Island Area Development Plan and is planned for low density residential and commercial uses along State Highway 361. The proposed change in zoning is not consistent with the adopted Future Land Use Plan. Map No.: 023027 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 82.403 acres from an "F -R" Farm and Rural District to an "I -3" Heavy Industrial District. The applicant has requested the "I -3" Heavy Industrial District as part of an agreement with the City Development Services and the Legal Department as one of the conditions prior to issuance of building permits for construction of an equipment storage building. —418— Zoning Report Case #: 0309 -03 Melvin Littleton Page 2 • Existing Land Uses: The subject property has three non - conforming (grandfathered) uses: a sand quarry; a concrete recycling facility; and a lattice type cell tower. The property was annexed on December 21, 1999 by ordinance 02389 and zoned with a "F -R" Farm and Rural District. While the "F -R" Farm and Rural District does not allow a sand quarry or concrete recycling facility, the intent of the annexation was to allow existing uses to continue as "non- conforming" uses. As a nonconforming uses, any future expansion of the uses would require the property owner to apply for rezoning so that, if City Council approves the rezoning, the uses would be conforming. When the property owner applied for a building permit in 2008, for a equipment storage building, one of the issues was that the building to house the sand quarry and recycling facility equipment would constitute an "expansion" of the non - conforming use. An expansion of the non - conforming use could not be allowed until the property is rezoned and replatted. After the property owner discussed the issues with developing a building an agreement between the property owner, Development Services and the Legal Department was prepared. Attachment 13 contains the signed agreement between the city and the property owner. • Existing Zoning: The subject property is currently zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. • Proposed Zoning: The purpose of the "I -3" Heavy Industrial zoning district is to provide for a wide variety of heavy manufacturing uses and potentially hazardous uses including the location of: "Minerals and earths: quarrying, extracting, grinding, crushing, and processing ". Setbacks required in the "I -3" District include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. Maximum height is not limited. Residential uses are not allowed in the "I -3" District. • Transportation and Circulation: The subject property has access to State Highway 361. Currently, State Highway 361 is a two lane roadway in a 120 foot right -of -way. The Future Transportation Plan calls for State Highway 361 to be up graded to a Primary Rural Arterial divided by a drainage ditch and with two parallel outer drainage ditches in 240 feet of right -of -way. The Urban Transportation Plan has also designated State Highway 361 to be an off -set right -of -way where the additional 120 foot of right -of -way to be acquired shall be entirely from the west side of the existing roadway. • Infrastructure Demand: o Water: The subject property is within the service area of Water Control and Improvement District #4. o Wastewater: The subject property is within the service area of Water Control and Improvement District #4. -419- Zoning Report Case #: 0309 -03 Melvin Littleton Page 3 o Stormwater: A stormwater management plan will be required during the platting process. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B40, located north of Packery Channel on Mustang Island. Crime statistics up to 2005 show an increase in total crimes committed from 99 in 2001 to 182 crimes committed in 2005 or an increase per year of approximately 21% per year. o Fire: The closest Fire Station is number sixteen (16), located at 17959 Hwy 361(Padre Island) at the north end of Mustang Island State Park • Environmental Constraints: o FEMA Flood Zone: Flood Zone AE with an elevation 9' o Soil Type: Galveston- Mustang -Tidal flats association: Coastal sands generally above water, and low flats that are flooded daily. o Wetlands: Extensive areas of wetlands are shown to exist in the area. o Dunes: Dunes are not present and the area is not subject to a Beachfront Construction Certificate or a Dune Permit. o Flight Zone: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 0 on a scale of 100 points. The proposed expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City's plans for future development of the island or with Smart Growth principles. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for low density residential uses with some commercial along the frontage of State Highway 361, therefore, the proposed "I -3" Heavy Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan map, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, Less owner occupancy, and an overall reduction in the quality of the neighborhood. It can also be argued that this is a case where the City did not choose to annex the island -420- Zoning Report Case #: 0309 -03 Melvin Littleton Page 4 until 1999, and therefore could not prevent incompatible land uses from occurring. Earlier annexation could have prevented the in compatible industrial use from occurring in the first place. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: Providing sufficient industrial land in the community is an extremely important goal to encourage economic development. Currently, the City has approximately 3.56 square miles of light industrially used land. • MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN: POLICY STATEMENT B.14 Industrial uses and sexually oriented uses are incompatible with and may threaten low density residential land uses, the natural environment and the family tourist orientation of the Islands. Oil and gas exploration and production is exempted from this policy, where allowed by law, provided all pertinent requirements are met. B.6 - POLICY STATEMENT (Southside Plan) High - intensity commercial and industrial areas should be buffered to provide transition from tow - density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. B.7 - POLICY STATEMENT New high - intensity commercial (or industrial) developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Buffering by commercial and industrial uses is necessary where there is a direct residential adjacency to mitigate any spill over effects from the nonresidential uses. Traffic Count: C a .., GO b Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 State Highway 361 RA3 - Rural Arterial 120 feet of right- of -way with two lanes 240 feet of right- of -way and four lanes 5,320 at Packery Channel —421— Zoning Report Case #: 0309 -03 Melvin Littleton Page 5 Plat Status: The subject property is not platted. Island Acres, Block 1, Lot 1 and Lot 2 has been approved by Planning Commission but has not been recorded as of February 26, 2009. Department Comments: • The property was annexed in 1999. • Staff responded to a request by Mr. Littleton on February 7, 2000 by letter informing him that a sand Quarry operation may continue after annexation. (See attachment 16) • The sand quarry operations where active prior to annexation and became a nonconforming use after the property was annexed and zoned "F -R" Farm and Rural. • The standard practice for existing uses that are annexed is to allow them to continue after annexation. • In 2008, when the property owner applied for a building permit, staff indicated that rezoning was necessary since the construction of a building to support the sand quarry was an expansion of an existing non - conforming use. • The Development Services and the Legal Departments met with the property owner and worked out an agreement dated January 5, 2009, that staff would support a special permit to allow the expansion of the sand quarry and, to allow a concrete recycling use and to allow one existing cell tower. (See Attachment 13) • The applicant did not submit a site plan with the application. If a special permit is recommended by staff or Planning Commission the applicant will need to prepare a site plan prior to scheduling of the item before City Council. Original Staff Recommendation: After several discussions with the applicant's representative staff has offered several changes to the original recommendation as follows: • Allow a start time of 7 am instead of 7:30 am. • Screening of the property is only required where there are abutting residential lots with residential structures within 100 feet of the property. • Removal of the building line requirement for the acquisition of additional future right -of -way in . addition to the 60 foot dedication. • Removal of the requirement on the special permit for the State multi - purpose permit for stormwater protection and the note stating the applicant must comply with state and federal requirements. (Removal of these two requirements does not eliminate the need for compliance with state or federal law if required by the City Code of Ordinances.) Planning Commission's Recommendation (March 18, 2009): Denial of the "I -3" Heavy Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plan' and the following eight (8) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. A site plan was not finalized by the applicant until April 6, 2009. -422- Zoning Report Case #: 0309 -03 Melvin Littleton Page 6 b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Alternative Applicant's and Stab's Recommendation: The applicant who was not at the March 18, 2009 Planning Commission meeting, advised staff that several additional changes to the Planning Commission recommendation were desired. Staff and the applicant are in agreement with the recommendation below. Denial of the "I -3" Heavy Industrial District and in -lieu- thereof approval of a Special Permit subject to a site plane and the following nine (9) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. a. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. b. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. c. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. d. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 2 A site plan was not finalized by the applicant until April 6, 2009. -423- Zoning Report Case #: 0309 -03 Melvin Littleton Page 7 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. 9. Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right -of -way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of' the zoning fee ($4,896.90). Number of Notices Mailed 16 —16 within 200 foot notification area; 4 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 14 (outside notification area) As of April 23, 2009 Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Dimension Drawing for a new Building 13. Island Acres Aerial Photo 14. 1999 and 2001 Aerial Photo 15. Agreement 16. Letter to Mr. Littleton dated February 10, 2000 —424— .0 400300 .j :r=Fert. 01'1912009 0 By: .SRi li[SPIvicPS CASE # 0309 -03 1. NEIGHBORHOOD - 2007 AERIAL Subject Prnperty Refer to Map 2a U 2b for Nei?' ?.norn.00d Existing Land ::se. Also a‘ a labie at www.cctexas.cow Map Scale: 1:31.6 ('ily of Corpus Christi r VAC VAC VAC VAC VAC VAC VAC / VAC �C C; • 0 400 800 Feet VAC VAC VAC rj WATER o., toos Prepare° By SRR Department of Development Seances CASE # 0309 -03 2.a. NEIGHBORHOOD - EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR "-d Dr nsity Res- - MDR I--ra. i r: ■.1 Density Res. - HDR , t' r Ile Home - MH urofi bnal Office - PO nnmercial - COM Light Industrial - LI 1 ±-// 1 Heavy Industrial - H7 ?`P Public Semi - Public - PSP Park [ GC [ Drainage Corridor - DC CP Conservation/Preservation -CP n Water Map Scale: 7:10,000 LOCATION MAPI k SUBJECT PROPERTY City of Corpus Christi [3i CASE # 0309 -03 2.b. SITE- EXISTING LAND USE Estate Residential - ER ii Light Industrial - LI [ - Low Density Res. - LDR 1 y11 1 Heavy Industrial - Hl Dr nsity Res- - MDR !?SP Public Semi- Public - PSP Density Res. - HOR 1 1 Pork U , t' r Ile Home - MN Drainage Corridor - DC �'� - _ nt• VAC CP Conservation/Preservation - CP ”rofi 'oval Office - PO n water L nnmerciai - COM Map Scale: 12.40© SUBJECT PROPERTY LOCATION MAPI City of Corpus Christi ,ATER 'VOTER 0 400 800 Feet Q2 4 U WATER o., toos Prepare(' BY SRR Department of Development Seances CASE # 0309 -03 3.a. NEIGHBORHOOD - Agricultural /Rural - AR 1 Estate Residential - ER I'e'J - - Low Density Res. - LDR f Lt j rsfty Res. - MDR I of/ 7_1 ^gh Density Res. - HOR r _, ,IleHome - MH ...cant -VAC - o lI Pr oft—. /anal Office - PO DP CLmu,ercfal - COM l cP Transportation Plan non ;;l .A9 e-ris's Collectors - - - -• Expressrvay5 urur. Parkway 4 4— Railroad FUTURE LAND USE Tourist - TOR Ro,aarch /Business Park - RBP Light Industrial - LI Heavl Industrial - HI Pub!- Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation/Preservation - CP Map Scale: 1:10.000 k LOCATION MAPI SUBJECT PROPERTY City of Corpus Christi i 0 400 '800 Feet Ore 4:14:64; • CASE # 0309 -03 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER id Ra,aarch /Business Park - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - I ,sity Res. - MDR Heavl Industrial - HI - "gh Density Res. - HDR Pub'' Semi - Public - PSP Ile Home - MH Park - 1 •.'cant -VAC - Drainage Corridor - DC ' 'on tonal Office - PO "P Dredge Placement - DP _�n.,..✓cial -COM l ] Water GP Conservation/Preservation - CP Transportation Plan .4 +ferib's Collector --- -. Ex pi ass vays -- - Parkway 4 +— R.:elroad Map Scale: 1:2.400 SUBJECT PROPERTY LOCATION MAPI City of Corpus Christi CASE # 0309 -03 4. SITE- 2007 AERIAL Refer td Ma.? 2'or Neighborhood E •::r!� La.si Use 41so available di !. !. !..ccte.:as.com LOCATION MAPI 0 400 800 Feet 0$!19;3009 Prepared SRR Department of devetopme'A`rnees CASE # 0309 -03 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY LOCATION MAP 0 400 800 Feet 02/19 ;20091 Prepared ay SRR Department ofbevetopment Services ewrJ CASE # 0309 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 9 -1 Apartment House District 1 -1 Limited industrial District 4 -IA Apar t _N kouee District 1-2 4 oIi Industrial District A-' Ape dint house DI91ct 1-3 Heavy Industrial Dspr10 AE Professional Canon District PITD Planned Unit Development AT App In rt Tenrisl D;ntd.t $- A Oro Family Re flea Dist rot B -1 ITeigiaboihoott Eusine o D>ndld R-18 Our Family Cradling t nnvlct E14 NinigThorhood Buslnaaa. Ditch R - +r or- Family Datil tg D >ert B-2 Bayfraat Evinces Dlstrlct R-2 NEltrale Dee ling Denial L-1A Rainer Island Business District RA One Family Dw Il g Diotria B -i Brelness District RE Residential Estate Pleura $-4 r nnral Busioas.. District R -H Toandauaa DnePng District e n Priilare BUniinesn Plate BP p coJ Peritiit B-4 Printer, 'Business Otte Dlstrlct T -9 a Tr-el Trailer Park PVT" ED Cori US Cretan Beach Design Diet T=1 E enufaetmad H nna Pnrk Dlsldat FR Farr RLI al Diillat Manufactured Home Rurally eon HE Matodcal- Guttural Landmark [Redd'. Preservation l ©1 toot Pratt-try Ou.rv.31Y 00 vier Eh¢riet otrot 200 se d or At Ot4Pera RA e s e /Alba a'e noopue -dn {SUBJECT.: PROPERTY LOCATION MAP COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0309 -03 Name: Melvin Littleton Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 15 0 Attachment 7 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor 0 Opposition: 4 Marilyn Korhonen, 6877 Hwy 361 #35 — See Letter Gregory J. and Cynthia M. Sacony, 413 Rolling Green Drive, Lakeway, TX 78734 — See Letter Peter Huff, 3201 Rustic River Cover, Austin, TX 78746 — See Letter Raymond A. Luxton, 14826 Sea Bird Lane, Port Aransas, TX - See Letter III. Responses received from owners/applicants of subject area: Favor: 0 Opposition: 0 —437 — IV. Unsolicited resnonsec received concerninn cnhiect ann. Favor: 0 Opposition: 0 H:\PLN- DIRISHARED \I. Planning Commission\2009 PC12009 Public Comments O309.01.doc -438- Iiiiiiiiiiiiiiiiii 44E1R4R4M4P?" 444440 ___ r x44,9CPSZR44e28.'149!! e Rg YE�d 4 ig 998 ii-- gagg B4 gl�7 4se A. ; rr�� � S S"rq#3444479999 8 99 1111400000000 w8 a. II55r5556E66s :1; sa 1111111111111111 is i filira66666illi R rC 5R' €e55555555eeR: OR 0 gI € 1111111#11111111 ii II no I !MOO Ill $11111111111 <u 1 1111111111111iii bwrgi 111W §Qege8114 E illililliii11111 Ili PIiI(iIIlflP" 111 Iiiiiiiiiiiiiill 11 1 i e Attachment 8 —439— -100- ARTICLE 21. "I -3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "1-3" Heavy Industrial District This district provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after public hearing and review to assure protection of the public interest and surrounding property and persons. Section 21 -2 Use Reprhtiou. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "1 -2" Light Industrial District except dwellings, hospitals, institodons, or other buildings used for permanent or temporary housing of persons except as described in item (2) below. ( 2) Dwellings or HUD -code manufactured homes for residential watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (3) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act , Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 4) The following uses and any similar industrial user which other objectionable create eenca than en the offensive noise, vibration, dust, heat, smoke, odor, glare, and �� compounding, e minimum amount normally resulting from other uses permitted processing, packaging, or treatment of the following products or similar products: Chernicals. Perrolam Coa! and Allied Products Adhesives Alcohol, industrial Bleaching products Bluing Calcimine Candle Cleaning and polishing preparations (non - soap), dressings, and blackings Dye -stuff Essential oils Exterminating agents and poisons Fertilizer (non- organic) Fuel briquettes Glue and size (vegetable) Inc manufacture from primary raw materials (including colors and pigments) Soap and soap products Clay. Stone. and Glass Products Abrasive wheels, stones, paper, cloth, and related products Asbestos products Brick, fire brick, and clay products 02/08 —440— . 1-3— - 10l- Concrete central mixing and proportioning plant Glass and glass products Graphite and graphite products Monument and architectural stone Pottery and porcelain products (coal tired) Refractories (other than coal tired) Sand -lime products Stone products Wall board and plaster, building, insulation, and composition flooring Food slid Beverage Casein Cider and vinegar Distilleries ( alcoholic), breweries, and alcoholic spirits (non - industrial) Flour, fad and grain mining storage Molasses Oils, shortenings, and fires (edible) and storage Pickles, vegetable relish, and sauces Rice cleaning and polishing Sauerkraut Sugar refining Melds and Metal Products Boat manufadum {over Eve tons) Boiler manufacture (other than welded) Brass and bronze foundries Forge per, pneumatic, drop and forging hammering Foundries Galvanizing or plating (hot dip) Lead oxide Locomotive and railroad car building and repair Motor testing (internal combustion motors) Ore dumps and elevators Shipyard Structural iron and steal fabrication Wire rope and cable —441— I -3 - 102- Textiles. Fibers. and Bedding Bleachery Cotton wadding and linter Hair and felt products, washing, curing, dyeing Jute, hemp, and sisal products Linoleum and other hard surface floor covering (except wood) Nylon Oilcloth, oil treated products, and artificial leather Rayon Shoddy Wool pulling or scouring Wood and Paper Products Charcoal and pulverizing Excelsior Paper and paperboard (from paper machines only) Sawmill (including cooperage stock mill) Wall board Wood preserving treatment unclaasiflea [ndustries Leather taming and curing Rubber (natural or synthetic), gutta-percha, chicle, and balata processing Rubber toe and tube Shell grinding Storage battery (wet cell) Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met: (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cers or pens; and (3) The occupant of such area must comply with all laws, ordinances, and regulations having to do with health, welfare, and safety,. The screens requirement must be met by the location and maintenance of a fence, shrubbery, a any reasonable substitute. However, where any pert of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional moaning shall be required for such pant so long as such condition shall continue to serve said purpose. No advertising shall be allowed on said screening faeces. Bag cleaning Coal pocket Junk and salvage storage, treatment, or baling (metal, paper, rap, waste, or glass) Railroad switching and classification yard, roundhouse, repair and overhaul shops Unclassified Usa (Continued) -442- 13 -103- Oils, vegetable and animal (non- edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business (Ordinance 22597, 06/11/96) Tar products (except distillation) Section 21 -3 Obieetlotable Uses. The following uses, or manufacture, compounding, processing, packaging or treatment of the following products, having accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the City of Corpus Christi be located in the 1-3" Heavy Industrial District only after the location and nature of such use shall have ban approved by the Board of Adjustment after public hearing as provided in Article 29. The Bard shall review the plans and statements and shall not permit such buildings, structure, or uses until thee has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrmmding property and persons. The Bard in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. Within the area north of West Broadway and Nueces Bay Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses or an existing use. Chemical. Petroleum. CoaL and Allied Products Acids and derivatives Acetylene, generation and storage Ammonia Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fuel gas) and coke oven products storage Creosote Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones Explosive (including ammunition and fireworks) and explosives storage Fertilizer (organic) Fish oils and meal Glue, gelatin (and) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nature, and storage Petrolatum, gasoline, and lubricating oil refining, and wholesale storage Plastic materials and synthetic reins Potash ProxYlin endcitg and storage of dead animals, offal, garbage, or waste products Turpentine and resin CI.v. Srnne..and Gigs Products Bride, firebrick, refractories, and clay products (coal fired) Cement, lime, gypsum, or plaster of Paris Minerals and earths: quarrying, extracting, grinding, crushing, and processing Food and Beverage UM 1 -3 —443— - 104- Fat rendering Fish curing Slaughtering of animals Starch manufacture Metals and Metal Products Aluminum powder and paint manufacture Blast &mace, cupolas Blooming mil. Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction Steal works and rolling mill (ferrous) Wood and Paoa Products. Match nanuhcdue Wood pulp and fiber, reduction and processing Unclassified Industries and Uses Cotton ginning Cotton sad oil refining Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage Shell, dredging Stockyard Section 21-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 21 -5 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 21-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 21-6.01 On the side of a lot adjoining a residential district there shall be a side yard of not less than 25 fed. 21 -6.02 When a lot abuts upon a residential district, a rear yard of not less than 25 feet is required. 21403 Whenever any building or structure in the "1-3" Heavy Industrial District adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot from all required yard lines abutting such residential district for each foot of additional height above 50 feet. 1 -3 -444- • 105- 214.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -3" Heavy industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of a t least one acre used to hold livestock, such as able and horses. (Ordinance 24567, 08/28/01) Section 21 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1-3 -445- Attaehmpot Q - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm-Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property: B. To assist in the control of scattered commercial and Industrial uses of the land. Section 442 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single-family dwellings, other than manufactured homes, for residences of owners and tenants, ts 02/18/97) members of their families, and their employees. ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) ( 3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses. (11) Homeoccupatioms. (12) Railroad right- of-ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) squat feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right -of -way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. F -R 02/08 -446- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (1) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet Only one sign per street frontage is allowed The use of one letter -sized flyer box per premise is pennitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B/SE). (Ordinance 24580, 09/11/01) Section 443 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted la this district, there shall be a minimum of five (5) of -street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 444 OR- street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off-street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 445 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 446 Supplementary height and area regulations are contained in Article 27. 02 08 F -R -447- - 95- ARTICLE 20. 1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the 1-2" Light Industrial District This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off- street loading and off-street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Repletion. A building or premises shall be used only for the following purposes: 02/08 (1) Any use permitted in the "B-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for Permanent or t mporaty housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are Babe( regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beauulfation Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this refaence is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and wreakers employed on the Pisa. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glue, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chan is Petrolewn. Coal- and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratoria Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. cad Glass Products Clay, stone, and glass products Concrete products (except antral mixing and proportioning plant) ) Pottery and porcelain products (electric or gas fired) Food and Bevanc —448— I2 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dahl' Products Fish, shrimp, oysters, and other sea food processing, packing and sexing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Mak products manufacture re (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft pars Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels Tess than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vauk Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat 1 -2 -449- -97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Paner Products Basket and hamper (wood, reed, rattan, etc.) Box and sate Cooperage works (except cooperage stock mill) Furniture (wood, read, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper macho products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, (umber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 1 -2 -450- - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive-in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy bad vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objeetioaable Use. The following use having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the 1-2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been ahowm that the public heath, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (I) The storage of explosives used for perforating or fracturing ((rcing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 21-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an 11.-1A", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R-1B", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.03 Whenever any building in the 1-2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, celery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the 1-2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kernel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district 020: 1 -2 -451- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/0!) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02)08 -452- —I 2 Attachment 10 Zoning Case: 0309 -03 Melvin Littleton From: "F -R" Farm and Rural to "I -3" Heavy Industrial Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 0 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 0 —453— Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —454— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with polity directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -455- Attachment 12: Dimension Drawing Attachment 13: Island Acres Aerial -457- Attachment 14: 1999 and 2001 Aerial -458- Attachment 15: Agreement - SW IS IS sr City of Corpus Christi U M aEfAMTAUT ,11'u'hk#w11 Co.!? Pr.oseeirmA, Ogee tat N. anima** Cayce Chrism T=1; 7841 Phone 36l- ni.15.30 Fnx 741 4364567 Junen ih Came 216 rscfl x Navy Suite ;3i C:oimc r^.:... Tcxa'8.15 Pleat 36 ,..5'x` 10:4 Paz 361- B_.143 9 'whir. L rici:LMwr 121 brim SRAM, Cutpui C7mao Tel= PAM Tune 36l *86 -ZC1ti{ Fan :1-886. 204 ww4. cc tem ma William P. McLean McLean & Howard, LLP 1004 Mopac Circle, Suite 100 Austin, Texas T8748 Re: 84.6 Acre Tract of Land (the °Property') Owned by LFP Unimproved Investments, Ltd. and Melvin Litdetcn (coliectivety the "Owner') Dear Mr. McLean: This letter is in response to your letter of December 18, 2008, and our subsequent telephone conversations, Tnis leter is sent in an effort to compromise issues that are currenlly in dispute between the Owner ane the City of Corpus Christi (the "City"). 1. The Plat The Owner will complete any remaining items necessary to Finalize the Final Plat for Lot 1, Block 1 of Island Acres (the 'Plat"), which shad include the 60 fact right-of-way dedication as shown the current plat, but will be amended to incude all of tie area that is leased to Towers of Texas. LFP Unimproved Investments. Ltd, as the owner of the portion of the property that will be issued a final plat, wit' need to file a corrected plat application. The City will not impose any additional fees related to this revised application. 2. The Zoning a. The Owner will file an acetication to rezone the Property to Heavy Industrial (1-3) for ail pa,-is of the Property. including the grandfathered and mining operation, grandfathered telecommunications tower, and grandfathered concrete recycling operation However, the City staff win not support the requested zonirg, but will support the issuance of a special use permit to allow the existing uses of the Property to continue indefinitely on ail or it portion of the Property as identified by the Owner as•being intended for such continued use.. b. The special use permit will be conditioned upan the dedication of the 60 foot right -of -way, as described in Item 1 above, which will allow for future improvements of the roadway that will allow for sate movements cf vehicles entering and exiting from the Owner's property. trews a oMnr }Xs -459- c. If the Owner wants to rezone a portion of the property that he does not want to use for his sand mining operations or other current operations, the staff will support rezoning the property for 'tow density resdental use," including RE, RA, R-1A, or R -1B zoning, which is consistent with the City's comprehensive plan, for the property on die west side of S.H. 361. The staff will also support rezoning for commercial use, including 8-1, e- 1 A. 8.2A, or B-4, the portion of the property recommended for commercial use on the City's adopted Future Land Use Map. The Owner acknolMedges that staff has no lawful authority to support an application tat is not in compliance with aN applicabe taws, codes, and ordinances. Owner further acknowledges that staff my require measures to make any proposed residential development or rezoning compatible with the adjacent sand mining and other existing !and uses. d. The City staff Is agreeable b expeditiously processing the re- zoning application through final approval. City staff agrees that the time frame for completely processing the re- zoning case will be targeted at six weeks once the application is property fled with the City. City staff agrees to request that the City Gourd waive the fees for the re- zoning application. 3. Building Permit The City will expeditiously process the currently pending building permit on the Property, and will issue the permit once the plat is recorded tor the porton of the property where the building will be located, and the City Council grants the special use permit. 4. Property Owners Acknowledgment The Owner agrees to provide the City with a document acknowledging that the City's agreement to rezone the property to allow for the expansion of the sand mining operation, and construction of additional facilities is adequate compensation fcr the dedication of the 60 foot right-of-way along S.H. 351. if this totter reflects your understanding of how the parties intend to move forxard toward resolutions of this dispute, please have Mr. Littleton, sign ir. the space provided below. The parties agree and understand that this letter represents an expression of the intent of certain representatives of the parties for the terms upon which the parties intend to attempt to move toward a final resolL'ffcn. Sincerely, OWNER: LFP Unimproved tnye5,rrents, Ltd. by: Melvin LTJeign I for himsaithatiel as Member-of Littleton Family Properiea afar+apement.:LC.. On re hall of. as Gene,aI Parrter, tltttelon Family Properties. Ltd.. on behalf of. as metrber. LFP Managemert GP. on behalf of. as Gcreral Partner. LFP Invc, meets. Ltd. Sayaeini First Assistant Cty Atvmey THE C1TY: 6y: Robert Ite, Jr. Assistant City Manager Development Services -460- Attachment 16: Letter to Littleton, February 10, 2000 City of Capus -T Christi February 10, 2000 E C E I V E FEB le 2 :d Wary Mr. Melvin M. Litlieton Planting & bow _ n Wand Construction Inc. Da,wtr ai 420 E. Cotter St. Port Aransas, TX 98373 Subject 42.523 acres of land, more or Tess, out of J. W. Waterbury Survey No. 696, Abstract 408, Land Scrip 167, Texas HWY. 361, Mustang island, Nueces County, Texas Dear W. Littleton: Thank you very mugs for your setter of February 7 requesting a fomnai determination of She status of the subject property. As we have been informed by you, you have had in the past and are currently operating this property as a sand borrow pit and grazing land. Further, we understand that this property was so utilized at the time of annexation. 1 am pleased to advise you that those two uses are grandfathered under our annexation procedures and under State law. While rezoning of the property ooukt occur, at the most the uses would be non - conforming which means that you could continue Indefinitely if there is no break In such utilization. I should point out that your borrow pit must be operated In conforrnily with Stale staffs and Railroad Commission regulations governing quarries and similar actheles. If we may provide any additional information, please do not hesitate to call on me at 3611880- 3232 or Mr. Jay Raining, Asst. City Attorney at 3811880 -3360. It has been our pleasure to provide this information to you which should hopefully fulfill your needs. Sincerely, W. Thomas Utter Assistant ay Manager cc: David R. Garda, City Manager James R. bray, City Attorney Michael Gunning, Director of Planning ✓ Jay Reining, Asst. City Attorney Norbert Hart, Director of Housing & Community Dev. flews 92 •Corms Cirrlsti. limas 78469.9277 * 012) SSO -3000 —461— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, March 18, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived 5:45 James Skrobarczyk - ABSENT John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor I. CALL TO ORDER Garza. STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attomey Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:31 p.m. by Chairman B. ZONING 1. Tabled Zoning a. Case No. 0309 -03 Melvin Littleton — A change of zoning from "F -R" Farm Rural District to "I -3" Heavy Industrial District resulting in a change of and use from farm and rural to heavy industrial 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas Robert Payne, Development Services, presented the above case via PowerPoint, stating the applicant is Melvin Littleton. Mr. Payne stated the applicant is requesting a change of zoning from "F -R" Farm Rural District to an "I -3" Heavy Industrial District. Mr. Payne stated the applicant would like to construct an 8,000 square foot building to store equipment used for the sand quarry use on the property and an "F -R" District will not allow for such construction. Mr. Payne stated that zero notices were received from property owners within the notice area either in favor or opposed. Mr. Payne did state, however, that fourteen (14) letters and emails from outside the notice area stating opposition to the proposed re- zoning. Mr. Payne stated when this property was annexed by the city in 1999 the property was zoned "F -R" Farm and Rural use The existing commercial sand quarry operation was automatically grandfathered as a legal, nonconforming use at the time of annexation. Mr. Payne stated in September of last year when Mr. Littleton applied for a building permit to build a building for storage of his sand quarry operation equipment, staff explained that he would first have to rezone the property for the sand quarry use. Subsequently, staff and the applicant signed an agreement or letter of understanding that included an agreement that the applicant would apply for an "I -3" Heavy Industrial district. Mr. Payne also stated the agreement included staff's support of a Special Permit in lieu of the "I -3" Heavy Industrial district. -462- Planning Commission Minutes March 18, 2009 Page 2 Staff recommends denial of the "I -3" district and in lieu thereof a Special Permit subject to a site plan and the following nine (9) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, concrete recycling use and an existing cell tower, as designated on the site plan. a. An equipment storage building per the site plan of 8,000 square feet. b. Piles of sand and concrete materials shall not exceed a height of fifteen feet. c. The concrete recycling use does not include a permanent or temporary concrete production plant. 2. Hours of Operation: Business hours are limited to between 7:00 AM and 7:30 PM. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Landscaping: Compliance with Article 27B. Landscape Requirements. 5. Buffer Yard: A 20 foot side and rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures, storage materials or quarry areas. 6. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear or side property lines or across State Highway 361 to adjacent residential areas. 7. Platting: Recording of a plat for the property with dedication of 60 feet of right -of -way to the City for future expansion of State Highway 361. Placement of a 60 foot building line parallel to State Highway 361 for future purchase of right -of -way. 8. State and Federal Law: The applicant shall be in compliance with all state and federal laws pertaining to the uses of the property. 9. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and identified on the site plan. Before a building permit applicant to install the tanks the property must also obtain approval from the Zoning Board of Adjustments and the Fire Department. 10. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Applicant would like the following changes to the above stated conditions: Piles of sand and concrete materials shall not exceed a height of thirty feet, hours of operation to be limited to 7:30 am and thirty minutes before sunset, landscaping requirements be deleted, new lighting limited to three foot candles when next to residence, and the time limit condition be deleted. Jay Reining, Legal Department, stated this applicant's rezoning was partially an attempt to compromise with the applicant on the issue of the future of purchase of a 60 -foot right of way by the City for future expansion of State Highway 361. The use of the facility for concrete recycling was grandfathered in due to the applicant showing proof of the property being used for this purpose prior to annexation. In response to Commissioner Nadkarni, Jay Reining and Faryce Goode - Macon, Development Services stated any additional future buildings would need to be noted on a site plan. In response to Commissioner Nadkarni, Jay Reining stated that the applicant and the city had agreed to not impose the city landscaping requirements on the applicant. H:IPLN- DIR'SHAREDU. PLANNING COMMISSIOM2009 CCAPRIL'09I0309 -03 LIT LE ON MINUTES.DOC -463- Planning Commission Minutes March 18, 2009 Page 3 In response to Commissioner Martinez, Jay Reining stated according to current negotiated Special Permit conditions, there is no time limitation on future expansion as long as it related to a use of the property stated in the conditions of the Special Permit. In response to Commissioner Tamez, Faryce Goode -Macon stated "I -2" Light Industrial District was not an application option due to the current "I -3" uses of the property including above ground fuel storage tanks. Public hearing was opened. Jim Urban, Urban Engineering, stated he is representing the applicant and has been working with staff since 2007. Mr. Urban stated that he has spent significant time working with both staff of Development Services and the Legal Department on an agreement and believed walking into the meeting of March 18, 2009 an agreement had been reached. Mr. Urban stated that he hoped the Planning Commission would agree with the conditions of the permit that staff, legal and the applicant had developed. Mr. Urban also stated that the uses of the condition were grandfathered in based on uses previous to annexation. Mr. Urban stated the property use issues are not the reasons for a request in change of zoning, but instead a proposed construction of an 8,000 square foot building for the purposes and screening and protecting equipment used on the property. Mr. Urban stated the "I -3" Heavy Industrial District is not what the applicant wants but was told by Development Services staff to apply for the "I -3" in order to build the proposed building. Mr. Urban also stated that applicant has no interest in building any type of industrial park on the property. In response to Commissioner Nadkarni, Mr. Urban stated he did not know whether the above ground fuel storage tank was in use before annexation. Mr. Urban also stated the attorney's argument for the grandfather clause is just not extended to how the property was used before annexation but also the owner's opportunity to continue said business taking into consideration factors such as technology changes. Mr. Urban stated the applicant is willing to meet any requirements necessary for the above ground fuel storage tank. In response to Commissioner Nadkarni, Mrs. Goode -Macon stated the above ground fuel tanks would need to be delineated on the site plan to be submitted by the applicant. In response to Chairman Garza, Mr. Urban stated the property is 80 acres and landscaping could easily exceed the cost of the proposed building. Mr. Urban also stated the applicant has already incurred costs related to this project in excess of a couple of hundred thousand dollars. In response to Chairman Garza, Mr. Urban stated as the island continues to develop he foresees the business having run its course and no longer being of use. Mr. Urban also reiterated that of the notices sent out to property owners there were no notices in opposition. Mr. Urban also stated that subdivisions such as La Concha could not have been built without the applicant's business. In response to Chairman Garza, Mr. Urban stated that he believes it will be sometime before the adjacent property actually develops, possibly ten to twenty years, and therefore the construction of the proposed building is necessary for continued use of the property, although, again, in his judgment the business will at some point have run its course. Mr. Urban also stated the applicant is not attempting to gain "I -3" Heavy Industrial District uses, but simply to continue the property owner's current uses which have been established to be grandfathered uses. H:\PLN- DIR\SHARED \1. PLANNING COMMISSION\2009 CC APRIL'0910309 -03 LITTLE ON MINUTES.DOC -464- Planning Commission Minutes March 18, 2009 Page 4 In response to Chairman Garza, Mrs. Goode -Macon stated for future proposed buildings are acceptable subject to a site plan and the conditions of the proposed Special Permit. Mr. Urban stated that according to future land use maps the area around the subject property will be developed. He stated not granting the Special Permit would be short-sided on the part of the Planning Commission considering the need for a business that will provide the necessary supplies (sand for foundations) for those developments. Vice -Chair Huerta stated, area like this is good, but be sensitive to future development and is in favor of a special permit versus a change in zoning. In response to Vice -Chair Huerta, Mr. Urban stated that a berm had been considered, but due to the activities on the property, versus screening the activities and equipment the height that would be required on the berm would in all likelihood would cause more of a visual distraction. Randall Moore, 3121 Nausau, came forward in favor of the Special Permit and stated he is the applicant's son -in -law. Mr. Moore stated they have worked on this project for approximately 18 months and he and his father -in -law are in agreement with the need for the construction of the proposed building. He stated the building is necessary because of the purchase of upwards of half a million dollars in equipment and the need to protect that equipment given the harsh island conditions. Mr. Moore stated he did not wish to go through the re- zoning process. Mr. Moore also stated the cost of six -foot fence or a berm would not be economically feasible. Mr. Moore stated "I -3" District should be allowed simply due to the grandfather clause. In response to Chairman Garza, Mr. Moore stated the property owner would prefer to keep working sand piles in place on the property versus Mr. Garza's suggestion of placing the sand piles at the front of the property to create a type of screening. Mr. Moore stating that placing the piles in front of the property would cause the property owner to suffer a loss of the sand product. Mr. Moore also stated the crushed concrete pile is in the front of the property. Mr. Moore also stated in reference to screening the operation that the piles are in fact the business's operation. In response to Vice -Chair Huerta, Jay Reining, stated the most the city is entitled to require in regards to landscaping would be three and half feet wide based on Article 27B. Vice -Chair Huerta stated a setback or better conditions would work better to screen the property's uses. Rod Wolthoff, 15918 Palo Seco, Corpus Christi, TX 78418, President of the Mayan Princess came forward in opposition. Mr. Wolthoff reiterated the opinions expressed in a letter received on this case from John D. Bell of Wood, Boykin & Wolter. Mr. Wolthoff stated that no notices in opposition were recorded because the properties are currently vacant lots. Mr. Wolthoff stated the business/property is nothing more than a nuisance to local property owners. Mr. Wolthoff expressed concerns regarding the applicant not wanting proposed construction limitations for possible future construction while at the same time stating the business would probably not be in use sometime in the future. Mr. Wolthoff also stated concerns regarding what possible uses the applicant might have in mind for the future. Arthur Zeitler, 4230 Spring Creek, Corpus Christi, TX 78418, Attorney for La Concha Estates Owner's Association, came forward in opposition. Mr. Zeitler stated a La Concha estate has over one hundred (100) lots. Mr. Zeitler stated the grandfather clause does not allow expansion of a nonconforming use. Mr. Zeitler quotes the zoning report for the case stating "The proposed H:\PLN- DIR\SHARED \I. PLANNING COMMISSIOM2009 COAPRIL'09\0309 -03 LITTLETON MINUTES.DOC -465- Planning Commission Minutes March 18, 2009 Page 5 expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City's plans for future development of the island or with Smart Growth principles." Mr. Zeitler stated concerns that approval of an "1 -3" Heavy Industrial District is a "back door" to an industrial park. Mr. Zeitler stated concerns regarding the lack of deed restrictions. Mr. Zeitler also stated concems the business would develop far beyond the grandfathering clause. Daniel Gonzalez, representative for Admiral's Row, came forward in opposition. Mr. Gonzalez stated opposition to the proposed re- zoning in addition to opposition to the recommended Special Permit. Mr. Gonzalez reiterated statements from the John D. Bell's letter to the Planning Commission dated March 16, 2009. Mr. Gonzalez stated based on aerial photographs of the property the sand pit operations have greatly expanded. Mr. Gonzalez stated the use is inconsistent with Comprehensive Plan for the area and expressed concerning in regards to the harming of adjacent property. Mr. Gonzalez also stated potential buyers may be discouraged by a large concrete recycling plant with thirty foot concrete piles on an adjacent property. Jack Ponton, 1900 State Highway 361, Corpus Christi, TX, representing three different property owners in the area, came forward in opposition. Mr. Ponton requested if Special Permit was granted that screening be required where future residential developments may be built. Mr. Ponton stated he had no objections to the proposed construction of the building as the preference would be to conceal the heavy equipment versus the heavy equipment being visible on the property. Public hearing was closed. In response to Commissioner Tamez, Mr. Reining stated staff's recommendation is not to change the zoning to "1 -3" Heavy Industrial District but rather to keep the current "F -R" Farm Rural District. In response to Vice -Chair Huerta's statement to consider an additional condition of the Special Permit to include a 500 foot setback, Mr. Reining reiterated as a compromise the applicant will be dedicating a 60 foot right -of -way for future expansion of State Highway 361 in return for minimal conditions of the Special Permit. Mr. Reining also reiterated the applicant is allowed to strip mine, perform concrete recycling or any other operation that was in use prior to annexation. Mr. Reining also stated the applicant is not required to do any screening or any landscaping because of the grandfather clause. Mr. Reining stated the Special Permit and dedication of the right -of -way was a negotiated trade -off on the part of the city. In response to Vice -Chair Huerta, Mr. Reining stated the Planning Commission can recommend the 500 foot setback, but the applicant does not have to accept the offer and the city may in turn lose the opportunity for the dedication of the right -of -way. In response to Commissioner Martinez, Mr. Payne stated the existing dedicated right -of- way is 120 feet and the applicant would be dedicating an additional 60 feet. In response to Vice -Chair Huerta, Mr. Urban stated a 300 foot setback would be acceptable to include in the special permit zoning, but 500 feet in his opinion is an excessive request. Mr. Urban stated the reason for the change of zoning request was simply to construct a metal building and the city has the option to instead purchase the right -of -way from the applicant. In response to Commissioner Nadkarni, Mr. Urban stated in his opinion more than a 360 foot setback is again excessive and the dedication of that percentage of land with restricted use is not acceptable to the applicant. H:\PLN- DIR\SHARED \I. PLANNING COMMISSION\2009 CCI APRIL '09%0309 -03 LITTLErON MINIITES.DOC -466- Planning Commission Minutes March 18, 2009 Page 6 In response to Commissioner Nadkarni, Mr. Moore stated the applicant is willing to keep the crushing operation behind the 300 foot line, but 500 feet is excessive. Mr. Moore also stated it would pose an imposition to the current operation's infrastructure and operating system. Mr. Zeitler came forward in rebuttal stating the setback is a relevant issue but is concerned about the issue where the applicant is at odds with the staff's recommendation. Mr. Zeitler stated these differences are what may lead to an industrial park which is his greatest concern. In response to Vice -Chair Huerta, Mr. Reining stated only grandfathered uses would be allowed with no "I -2" uses other than what is set as conditions of the Special Permit and reminded the Planning Commission that the property is currently zoned as "F -R" Farm Rural District. Mr. Wolthoff came forward in rebuttal stating he foresaw the Planning Commission approving the Special Permit and was concerned with the applicant's objections to various conditions of the Special Permit. Mr. Wolthoff stated the Planning Commission had the leverage to prevent approval of the Special Permit. Mr. Wolthoff also stated concerns about a concrete crusher and the potential noise pollution. In response to Commissioner Nadkarni, Mr. Wolfhoff stated the filing of a lawsuit would be a consideration if the Planning Commission denies the request and does allow a Special Permit and the applicant with their grandfathered uses placed a crusher in front of the property. Mr. Wolthoff also feels this is creating a nuisance and could justify a lawsuit. In response to Commissioner Nadkarni, Mr. Reining stated the applicant has the right to continue their operation and a nuisance is created only if they violate the city noise ordinance as it relates to sound. Public hearing closed. Motion to approve staffs recommendation with the revision to include a 360 foot setback was made by Commissioner Martinez and seconded by Commissioner Tamez. In response to Commissioner Nadkarni, Mr. Reining stated the sound containment ordinance still applies to the operation. In response to Commissioner Nadkarni, Mrs. Goode -Macon stated the site plan would have information stating the proposed building would only be used for storage. The Planning Commission agreed to the following conditions for the Special Permit: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". H:\PLN- DIR\SHARED \l. PLANNING COMM4ISS6ION7- \2009 CC\APRIL '0910309 -03 LITTLETON MINUTES.DOC - Planning Commission Minutes March 18, 2009 Page 7 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item 6. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles the property line when there is an abutting residence. 6. Platting: Recording. of a plat, far the: property with.dedication of 6Q feet of right -of -way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the -above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Motion passed unanimously. HAPLN- DIR\SHAREDU. PLANNING COMMISSIOM2009 CMPRIL '09\0309 -03 LITTLE ON MINUTES.DOC -468- M �" SSwv ��GC �.✓v Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MELVIN LITTLETON, GENERAL PARTNER, LFP UNIMPROVED INVESTMENTS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 82.403 ACRES OUT OF J. W. WATERBURY SURVEY 596, LAND SCRIP 167, MUSTANG ISLAND, NUECES COUNTY, TEXAS, FROM "F -R" FARM AND RURAL DISTRICT TO "F -R/SP" FARM AND RURAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING, SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Melvin Littleton, General Partner, LFP Unimproved Investments, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, Wednesday, March 18, 2009, during meetings of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas, located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Subdivision, from "F -R" Farm and Rural District to "F- R/SP" Farm and Rural District with a Special Permit to allow for the construction of an equipment storage building, subject to a site plan, attached, and eight (8) conditions. (Zoning Map 023027) (Exhibit A) (Site plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\5- 1249- 96ning 0909 -03- Littleton F -R- special permit PlanComm.doc Page 2 of 4 concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. 1. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. 2. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. 3. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. 4. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". B. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. C. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. D. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of- way per item F. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. E. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. F. Platting: Recording of a plat for the property with dedication of 60 feet of right - of -way to the City for future expansion of State Highway 361. G. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks, the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. H. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \5- 12\\ifoning 0909 -03- Littleton F- R- special permit PlanComm.doc Page 3 of 4 SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of May, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: May 4, 2009 eborah Walther Br Assistant City Attorney For City Attorney H:LLEG -DIR \ Shared \LEGAL- DEV.SVCS\2009 Agenda \5- 12 \Oetning 0909 -03- Littleton F- R- special permit PlanComm.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\5- RRIT- zoning 0909 -03- Littleton F- R- special permit PlanComm.doc Planning Commission's Recommendation To: A Special Permit with eight (8) conditions subject to a site plan -473 - -474- AT/PUD- BELLA o 4w 80Q__ CASE # 0309 -03 Staff and Applicant's Alternative Site Plan and Recommended Conditions From: "F -R" To: A Special Permit with nine (9) conditions subject to a site plan Ordinance No.: —475— LOCAnON MAP AL- A—p p Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MELVIN LITTLETON, GENERAL PARTNER, LFP UNIMPROVED INVESTMENTS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 82.403 ACRES OUT OF J. W. WATERBURY SURVEY 596, LAND SCRIP 167, MUSTANG ISLAND, NUECES COUNTY, TEXAS, FROM "F -R" FARM AND RURAL DISTRICT TO "F -R/SP" FARM AND RURAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING, SUBJECT TO A SITE PLAN AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Melvin Littleton, General Partner, LFP Unimproved Investments, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, Wednesday, March 18, 2009, during meetings of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas, located approximately 1.0 miles north of Mustang Island State Park on the north -west side of State Highway 361 and across from the La Concha Subdivision, from "F -R" Farm and Rural District to "F- R/SP" Farm and Rural District with a Special Permit to allow for the construction of an equipment storage building, subject to a site plan, attached, and nine (9) conditions. (Zoning Map 023027) (Exhibit A) (Site plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following nine (9) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, H:\ LEG- DIR \SharedLLEGAL- DEV.SVCS\2009 Agenda \5- 12\4l?c& ring 0909 -03- Littleton F- R- special permit Staff- Applicant.doc Page 2 of 4 concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. 1. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. 2. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. 3. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. 4. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant ". B. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. C. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right -of -way per item F. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. E. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. F. Platting: Recording of a plat for the property with dedication of 60 feet of right - of -way to the City for future expansion of State Highway 361. G. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks, the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. H. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS12009 Agenda \5- 12 \ORb zoning 0909 -03- Littleton F- R- special permit Staff- Applicant.doc Page 3 of 4 Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right -of -way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of the zoning fee ($4,896.90). SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this _ day of May, 2009. ATTEST: Armando Chapa City Secretary APPROVED: May 4, 2009 i/ebor -lther 4 Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi u u Fn.nrAchsrwd \I FnAI - IIEV.SVCS\2009 Aaenda\5- 1284O-zoning 0909 -03- Littleton F -R- special permit Staff- Applicant.doc Page 4of4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -479 - H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\5.12 \ORD- zoning 0909 -03- Littleton F- R- special permit Staff - Applicant.doc -480- 26 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 12, 2009) Case No. 0409 -01, TNT Crane & Rigging Inc.: A change of zoning from a "I -2" Light Industrial District to a "I -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank described as a 375 square foot tract out of Interstate Industrial Complex Block 4, Lot 4A, located on the south side of IH -37 0.16 miles west of Corn Products Road Planning Commission's and Staffs Recommendation (April 1, 20092: Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan with the following four (4) conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of Planning Commission's Recommendation. • Request: On September 16, 2008, City Council approved a special permit for an above ground fuel tank for this company and east of the subject property. Since September, the applicant has decided to change the location for the new tank and is requesting a change of zoning to modify the previously approved location. Since the applicant is not intending to follow through with the previously approved special permit location, the existing special permit (of September 16, 2008) will expire in approximately one year. • The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I -3" Heavy - Industrial District providing for the operation of a 10,000 gallon above ground fuel storage tank. The existing tank, in non - conformance with the Fire Code, will be removed and replaced with a tank that is in compliance. The subject property for the tank is 375.00 square feet in area and within a 6.246 acre lot. The proposed tank will allow for the on -site fueling of company vehicles. Since 1995 Kuhn Equipment Company has been a hydraulic crane rental services company. The site contains an office building, a shop building and a equipment storage yard with an existing above ground storage tank. The facility serves 30 crane operators and riggers that work offsite. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. The "I -3" Heavy Industrial zoning district provides for heavy manufacturing uses and potentially -483- hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -2" and "I -3" Districts include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. • Existing Land Uses: The 375.00 square foot subject property is located in the middle of a 6.24 acre lot containing two buildings and an equipment storage yard. Surrounding uses are either used for light industrial purposes or are vacant industrially zoned lands. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 20 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). o Make development decisions predictable, fair and cost effective. (10) The requirement to go through the zoning process for an above ground fuel storage tank accomplishes at least two objectives: locating hazardous uses; and causing the hazardous uses to upgrade, in this case to a Fire Department approved tank to assure public safety. • Comprehensive Plan/ Future Land Use: The future land map recommends a Light industrial use for the subject property. The existing light industrial use is consistent with the Comprehensive Plan. The above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan map regarding this area. However, because the tank will support the primary light industrial use and promote a safer community, approval of a tank at this location is considered consistent with the overall intent of the Comprehensive Plan. Plat Status: The subject property is part of a platted lot. Department Comments: • Allowing fuel tank use tank use will help to support the existing light industrial uses. • Light industrial uses are consistent with the adopted Future Land Use Plan. • The fuel tank is buffered by surrounding light industrial outdoor storage uses. • The existing non - conforming tank will be removed and a Fire Code compliant tank will be installed. • The Fire Department has reviewed and approved the attached site plan. • The applicant is in agreement with the staff recommendation. H:NLN- DIR\ SHARED \L Planning Com CPMay'09\0009 -01 TNT Crane and Rigging doc Notification: Of the two (2) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) notices (number 0, 0 %), were retumed in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Juan Perales, P.E., Interim Assistant City Manager of Development Services FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance and Site Plan Senior Planner H:\PLN.DIR\SHARED \I. Pluming Cammiui 'CMay '09W409 -0I TNT Cretin and Rigging CITY COUNCIL ZONING REPORT Case No.: 0409 -01 Planning Commission Hearing Date: April 1, 2009 Applicant: TNT Crane & Rigging, Inc. Owner: Kuhn Equipment Company Representative: Mike Kuhn, owner. Address: 6485 RI 37 South Frontage Road Legal Description/Location: A 375.00 square foot tract of land out of Interstate Industrial Complex, Block 4, Lot 4A, located approximately 900 feet west of the IH -37 / Corn Products Road intersection. From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 375.00 square feet Purpose of Request: To allow for the relocation of a 10,000 gallon above ground fuel storage tank for the on -site refuelin of com.an vehicles. Area Development Plan: Port/AirportNiolet- The future land use map supports light industrial uses on and around the subject property. "I -3" District is considered heavy industrial and a change of zoning to an "I -3" District would be inconsistent with the future land use map. A modification to the Plan would be required with a change of zoning to the "I -3" District. Map No.: 053045 Zoning Violations: No citations have been issued but the rezoning request is for the purpose of bringing the existing above ground storage tank into compliance with the Fire Code and the Zoning Ordinance. Staffs Summary: • Request: On September 16, 2008, City Council approved a special permit for an above ground fuel tank for this company and east of the subject property. Since September, the applicant has decided to change the location for the new tank and is requesting a change of zoning to modify the previously approved location. Since the applicant is not intending to follow through with the previously approved special permit location, the existing special permit (of September 16, 2008) will expire in approximately one year. -486- Zoning Existing Land Use Future Land Use Site "I -2" Light - Industrial District Light- Industrial Light - Industrial North "I -2" Light - Industrial District Light - Industrial Heavy - Industrial South "I -2" Light - Industrial District Vacant Light - Industrial East "I -2" Light - Industrial District Light- Industrial Light- Industrial West "I -2" Light - Industrial District Vacant Light - Industrial Area Development Plan: Port/AirportNiolet- The future land use map supports light industrial uses on and around the subject property. "I -3" District is considered heavy industrial and a change of zoning to an "I -3" District would be inconsistent with the future land use map. A modification to the Plan would be required with a change of zoning to the "I -3" District. Map No.: 053045 Zoning Violations: No citations have been issued but the rezoning request is for the purpose of bringing the existing above ground storage tank into compliance with the Fire Code and the Zoning Ordinance. Staffs Summary: • Request: On September 16, 2008, City Council approved a special permit for an above ground fuel tank for this company and east of the subject property. Since September, the applicant has decided to change the location for the new tank and is requesting a change of zoning to modify the previously approved location. Since the applicant is not intending to follow through with the previously approved special permit location, the existing special permit (of September 16, 2008) will expire in approximately one year. -486- Page 2 • The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I -3" Heavy - Industrial District providing for the operation of a 10,000 gallon above ground fuel storage tank. The existing tank, in non - conformance with the Fire Code, will be removed and replaced with a tank that is in compliance. The subject property for the tank is 375.00 square feet in area and within a 6.246 acre lot. The proposed tank will allow for the on -site fueling of company vehicles. Since 1995 Kuhn Equipment Company has been a hydraulic crane rental services company. The site contains an office building, a shop building and a equipment storage yard with an existing above ground storage tank. The facility serves 30 crane operators and riggers that work offsite. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. The "I -3" Heavy Industrial zoning district provides for heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -2" and "I -3" Districts include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. • Existing Land Uses: The 375.00 square foot subject property is located in the middle of a 6.24 acre lot containing two buildings and an equipment storage yard. Surrounding uses are either used for light industrial purposes or are vacant industrially zoned lands. • Utilities: Water is available along the 111-37 Frontage Road. The property is serviced by an 8 inch wastewater line located along Leopard Street. • Transportation/Traffic Impact Study: The property will be served by the IH -37 Frontage Road. The frontage road and main lanes of IH -37 are identified on the adopted Urban Transportation Plan as a Freeway. • Public Safety: a. Police: No impact. b. Fire: Rezoning is the first step in bringing the existing above ground storage tank up to health and safety codes. • Environmental Constraints: o FEMA Flood Zone: Flood zone C - area of minimal flood hazard o Soil Type: Victoria clay. o Wetlands: NA. o Dunes: NA. o Flight Zone: NA. o Other: NA. • Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 20 on a scale of 100 points. —487— Page 3 Smart Growth Principles which relate to the requested rezoning include: o Strengthen and direct development toward existing communities (10 points). o Make development decisions predictable, fair and cost effective. (10) The requirement to go through the zoning process for an above ground fuel storage tank accomplishes at least two objectives: locating hazardous uses; and causing the hazardous uses to upgrade, in this case to a Fire Department approved tank to assure public safety. • Comprehensive Plan/ Future Land Use: The future land map recommends a light industrial use for the subject property. The existing light industrial use is consistent with the Comprehensive Plan. The above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan map regarding this area. However, because the tank will support the primary light industrial use and promote a safer community, approval of a tank at this location is considered consistent with the overall intent of the Comprehensive Plan. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial use. The subject property is located in the Port/Airport/Violet Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as in the Port/Airport/Violet Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: • Comprehensive Plan - Policy Statements a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively- priced industrially -zoned land for expansion should be supported. Staff Comment: A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. The proposed use is buffered by existing surrounding light industrial uses. There is no impact on residential uses. —488— Page 4 • Port Airport Violet Area Development Plan (ADP) Policy Statements: The specific goal of the PortiAirportNiolet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. Staff Comment: The promotion of light industrial activities is the land use goal for this portion of the Port/Airport/Violet area. Rezoning a very small portion of the area for a use that is an accessory to the main light industrial activities may be considered consistent with the overall intent of the Comprehensive Plan. In addition, the very small portion of resultant "I -3" zoning and use will be buffered by a very large surround area of "I -2" uses. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section Volume (2006)* 111 - 37 frontage Road - southbound Fl- Freeway/Expressway Frontage Road 400' ROW, 250' BB 600 ADT (west of N.P.I.D) Corn Products Al - Minor Arterial 95' ROW, 70' BB NA Plat Status: The subject property is part of a platted lot. Department Comments: • Allowing fuel tank use tank use will help to support the existing light industrial uses. • Light industrial uses are consistent with the adopted Future Land Use Plan. • The fuel tank is buffered by surrounding light industrial outdoor storage uses. • The existing non - conforming tank will be removed and a safer tank, incompliance with the Fire Code, will be installed. • The Fire Department has reviewed and approved the attached site plan. • The applicant is in agreement with the staff recommendation. Staff and Planning Commission Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan with the following four (4) conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. —489— Page 5 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed 4 total — 2 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (outside notification area) (As of March 25, 2009) Attachments: 1. Neighborhood 2007 Aerial 2.' Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. Smart Growth Principles 11. City Charter — Article V- Planning 12. Metes and Bounds Description and Site Plan —490— i n E 5 F../3_0/ �Y G 1 1 rig. 1( CASE # 0409-01 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood [`. s •:g I t_�••: see. Also available Map Scale: 1:31,660 ShQ /SUBJECT /i PROPERTY 'ct, '., _ —__. city of rLOCAITION MAPI Ci r sri 800 Feet CASE # 0409 -01 2.a. NEIGHBORHOOD - EXISTING LAND USE fSi Enate Residential - ER [ - Low Density Res. - LDR d Dr nsity Res- - MDR I--ra: r: id Density Res. - HDR Ile Home - MH nt- VAC vrofi ibnal Office - PO immercial - COM ii Light Industrial - LI 1 Hi 1 Heavy Industrial - Hl ?`P Public Semi- Public - PSP Park [ GC f Drainage Corridor - DC CP Conservation/Preservation - CP n Water Map Scale: 9:10,000 - j - ` /SUBJECT /F PROPERTY" �. -. ‘..---,7-.7:`- f u _ -_ (t.., _ l . llV of l corpus rLOCATION MAP Christi t \NN, CASE # 0409-01 2.b. SITE- EXISTING LAND USE 112:1 F 1? y 1 ,„, SUBJECT PROPERTY Estate Residential - ER [ Low Density Res. - LDR 1 ‘11 1 Heavy Industrial - Hl Dc nsity Res, - MDR .r7 Public Semi-Public - PSP i Density Res. - HOR 1 1 Pm* , s Ile Home - MN LJ Drainage Corridor - DC CP Conservation/Preservation - CP ”rofi brial Office - PO 71 water Lc : gnmercial - COM r Light Industrial - LI Map Scale: 12.400 •. iNr.A Yr' SVIA LOCATION MAP / 01J8JECIT PROPERTY • •% (:11 of C:SHIMS 'Christi 7 HI 0 400 PPE"- LI SUBJECT r/ PROPERTY H 7> HI .9 HI COM- HI HI PA RI\ K9LINE —1-i O �I DN- L!Hoc? __ 1f J _I nn1 MDR I I "EC- LOP CON n LOP 01 CASE # 0409-01 .a. NEIGHBORHOOD - FUTURE LAND USE AMR Agricultural/Rural - AR [ . !7I Tourist- TOR Estate Residential -ER [0c> -j ResearchBusiness Park - RBP - Law Density Res. - LOR I -i ] Light Industrial - Li -- rsity Res. -MDR -- 1 Hey °7 Industrial -Hl Huh Density Res. - H_ 7 - ' Pu» :,r-- Semi- Public - PSP '• ?`r j Mobile Home - Mil 1 Park jlacl Vacant= VAC 00 J Drainage Corridor - DC nc I Professional Office - PO ,DIA Dredge Placement - DP ^.r� Commercial - COM I—I Water Conservation/Preservation • T anspurtation Phu) 1Prials ''' • Collectors EXple;Sil,.cyc Parkway - Refiroacd Map Scale: 1:10.000 P UBJECT ,� PROPERTY \ Oi • �.i LOCATION MAP! • s e City of Corr is Christi HI Ll 1U0 <F In 37 FRj� ✓Y r I 1 1 j SUBJECT PROPERTY i 0 it 4 G cum CASE # 0409-01 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER =e.•] R'-s?erch /Business Park - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - I ,sity Res. - MDR Heevl Industrial - HI gh Density Res. - HOR Pub!- Semi - Public - PSP !le Home - MH Park - 1 ...cant -VAC - Drainage Corridor - DC ' of. tonal Office - PO "P Dredge Placement - DP _L'n.V,..✓cial -COM l ] Water ca CnnservationPreservation •Cf Transportation Plan .4 +ferib's Collector - ---. Ex pi ass ur- Parkway } Rol :road Map Scale: 12.400 /SUBJECT PROPERTY ice' �r Oela LOCATION MAP ay of E .Orj!IIa Christi AND- ER .S -GN (WEST) H,4RRiS L L .: >�r SEDWICK c1 KiNNE H SEC riON,LEL% L I r'NEY S&C T12.N </ 2E13;_,a:,vu IN TE R S TRITE.JN-D - rr SUBJECT PROPERTY 11'417. 4�o ) o ':MC ?A PEE- LL T -R.1CT . ' qit., :A SSE S'S bPS Mot' 134 CASE # 0409-01 4. SITE- 2007 AERIAL Refer td Mao 2 for Neighborhood E -::1n, La.si Use 41so available di '.. L L.ccte•:as.com 0 ISUBJE::T PROPERTY (a, 4lrA L OCAT!ON MAP c fir NIa ay of 'Christi D'.lathy I2CP Ara, Proue Gn rr9 F rel Tar Y. 7+ CASE # 0409 -01 5. SUBJECT PROPERTY Suk4ect Property SLBJECT PROPERTY KINNEY SECTIONtZED LAND. / KINNEY Y Existing 1 -2 /SP (Above Ground Fuel Tank) TAITE IND COMPL l `4; B 4 NDERSO'N. (WEST)': f / I HARRIS L L/� 1 3 SUBJECT I PROPERTYi' -----/ \ / 11 88 / i // f x]4,5 SE 5:. 085 /%P 13.4 // < C9 \ 1 / // s -A ,,,,_. i MC CAMPBELL FRACT 0 ASSESSib-RS MAP 134. 40fl r 8 ,,Feet SEDWICK TRACT gg- 2C 5 -A CA S #I 6. SITE - EXIS NOTICE AREA A -1 Apartment House District 418 Apal _v Douse Dt nal P3 Ms Im nt house Dinlri AB Professional ©file District AT Aso In nt Tounisst LLstrict B- -1 deigisboi hoori Rusine r D>nIrk E14 NisiTborhoo1 Dusnea:. ERA to B4 Baufraat BUvness District. BRA bainer Island Business District E -3 Eusiness Lisinct E-4 c(eneral Busing District 5 Primary BUSIlleSS Dintr'r E 6 Prima ELsinnos Cbre Distant ED Cori LIS .xnisll Beach Eesign DISC F:R Farr Foal Eland- HE Hinlarlcal- Guttural Landmark Preservation 101 P OD' 0409 -01 TING ZONING, & OWNERSHIP 1 -1 Limited Industrial District 1-2 t0Ft Industrial District 1-3 H_avy Industr,SD'ntict RiO Panned Unit Ihvgopruent R- A Ora Fa ily Disolling Dist rof R= B Ong Family Cradling tb -tint R -ir or- Family Dxe11 t9 Diarist R-2 Multiple tame ling Digital RR Rine [Family Dad u District RE Residential Estate Districa R- H lima-Mouse Dls€na nP P : al PUUMP Th1a T ilvel Trailer Park OiOOnL T-1a Mnnufaetntad HAAS PAN DLtdet .a denuraoturnd H. x 9 brBdnlan District 4tr3im (1 iav-a- ACopiers ?00 's etl v Otvr eta aSaChed OalfielSalleP able m comas/trod at De SUBJECT' PROPERTY COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0409 -01 Name: TNT Crane & Rigging Inc. Circled = FAVOR X = .OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 2 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DO2\SHARED \l. Planning Commission\2009 P02009 Public Comments\0309- 03.doc —503— -504— - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off - street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use pennitted in the "B -5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 I -2 -505- 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing pennitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels Tess than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat 1 -2 -506- - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Pacer Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 -507- 1 -2 - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "I -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety . (Ordinance No. 25534, 10/21/03) (I) The storage of explosives used for perforating or fracturing (tracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20-6.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1 ", "A-1A", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R-2 ", "A -1 ", "A-1A", or "A -2" residential district. 20-6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20-6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, coital, dog run, paddock pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 1 -2 -508- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -509- -100- ARTICLE 21. "1 -3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "1-3" Heavy Industrial District. This district provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after public hearing and review to assure protection of the public interest and surrounding property and persons. Section 21 -2 Use Regulation. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "1 -2" Light Industrial District except dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in item (2) below. ( 2) Dwellings or HUD -code manufactured homes for residential watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (3) On- pranise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act , Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 4) The following uses and any similar industrial uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, and manufacture, compounding, processing, packaging, or treatment of the following products or similar products: Chemicals. Petroleum. Coal and Allied Products Adhesives Alcohol, industrial Bleaching products Bluing Calcimine Candle Cleaning and polishing preparations (non - soap), dressings, and blackings Dye -stuff Essential oils Exterminating agents and poisons Fertilizer (non-organic) Fuel briquettes Glue and size (vegetable) Ink manufacture from primary raw materials (including colors and pigments) Soap and soap products Clay. Stone. and Glass Products Abrasive wheels, stones, paper, cloth, and related products Asbestos products Brick, fire brick, and clay products 2/05 -510- - 101- Concrete central mixing and proportioning plant Glass and glass products Graphite and graphite products Monument and architectural stone Pottery and porcelain products (coal fired) Refractories (other than coal fired) Sand -lime products Stone products Wall board and plaster, building, insulation, and composition flooring Food and Beverage Casein Cider and vinegar Distilleries (alcoholic), breweries, and alcoholic spirits (non - industrial) Flour, feed and grain milling storage Molasses Oils, shortenings, and fats (edible) and storage Pickles, vegetable relish, and sauces Rice cleaning and polishing Sauerkraut Sugar refining Metals and Metal Products Boat manufacture (over five tons) Boiler manufacture (other than welded) Brass and bronze foundries Forge plant, pneumatic, drop and forging hammering Foundries Galvanizing or plating (hot dip) Lead oxide Locomotive and railroad car building and repair Motor testing (internal combustion motors) Ore dumps and elevators Shipyard Structural iron and steel fabrication Wire rope and cable 02/08 1 -3 -511- - 102- Textiles. Fibers. and Bedding Bleachery Cotton wadding and linter Hair and felt products, washing, curing, dyeing Jute, hemp, and sisal products Linoleum and other hard surface floor covering (except wood) Nylon Oilcloth, oil treated products, and artificial leather Rayon Shoddy Wool pulling or scouring Wood and Pacer Products Charcoal and pulverizing Excelsior Paper and paperboard (from paper machines only) Sawmill (including cooperage stock mill) Wall board Wood preserving treatment Unclassified L_!ta!ries Leather tanning and curing Rubber (natural or synthetic), gutta- percha, chicle, and baiata processing Rubber tire and tube Shell grinding Storage battery (wet cell) Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances, and regulations having to do with health, welfare, and safety. The screening requirement must be met by the location and maintenance of a fence, shrubbery, or any reasonable substitute. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such condition shall continue to serve said purpose. No advertising shall be allowed on said screening- fences. Bag cleaning Coal pocket iunk and salvage storage, treatment, or baling (metal, paper, rags, waste, or glass) Railroad switching and classification yard, roundhouse, repair and overhaul shops Unclassified Uses (Continued) 02/08 -512- 1 -3 -103- Oils, vegetable and animal (non - edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business (Ordinance 22597, 06/11/96) Tar products (except distillation) Section 21 -3 Obieetionable Uses. The following uses, or manufacture, compounding, processing, packaging or treatment of the following products, having accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the City of Corpus Christi be located in the "1 -3" Heavy Industrial District only after the location and nature of such use shall have been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrotmding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. Within the area north of West Broadway and Nunes Bay Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses or an existing use. Chemical. Petroleum. Coal. and Allied Products Acids and derivatives Acetylene, generation and storage Ammonia Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fuel gas) and coke oven products storage Creosote Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones Explosives (including ammunition and fireworks) and explosives storage Fertilizer (organic) Fish oils and meal Glue, gelatin (animal) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nature, and storage Petroleum, gasoline, and lubricating oil refining, and wholesale storage Plastic materials and synthetic resins Potash Pyroxylin Rendering and storage of dead animals, offal, garbage, or waste products Turpentine and resin Clay. Stone: and Glass Products Brick, firebrick, refractories, and clay products (coal feed) Cement, lime, gypsum, or plaster of Paris Minerals and earths: quarrying, extracting, grinding, crushing, and processing Food and Beverage 02/O8 1-3 -513- - 104- Fat rendering Fish curing Slaughtering of animals Starch manufacture Metals and Metal Products Aluminum powder and paint manufacture Blast furnace, cupolas Blooming mill Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction Steel works and rolling mill (ferrous) Wood and Pacer Products Match manufacture Wood pulp and fiber, reduction and processing Unclassified Industries and Uses Cotton ginning Cotton seed oil refining Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage Shell, dredging Stockyard Section 21-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 21 -5 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 21-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 21401 On the side of a lot adjoining a residential district there shall be a side yard of not less than 25 feet. 21 -6.02 When a lot abuts upon a residential district, a rear yard of not Tess than 25 feet is required. 214.03 Whenever any building or structure in the "1 -3" Heavy Industrial District adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot fiom all required yard lines abutting such residential district for each foot of additional height above 50 feet. 02700 —514— - 105- 21 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -3" Heavy Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of a t least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 21 -7 Supplementary height and area regulations are contained in Article 27. -515- Attachment 10 Zoning Case:0409 -01 Kuhn Equipment Company From"I -2" Light Industrial District to "I -3" Heavy Industrial District for an above ground fuel storage tank Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 0 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 10 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 20 —5 1 6— Attachment 11 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall -517- Page 8 contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -518- .Stl' et. 625.0' S61'02'30'E r - -fOd' UL. '929' 65m' Wm' 6Q50' 0000' 6040' 69m• 7915' i L1r UL. e „ Al EtL UL. 1. 1 § 2 3 i 4 0 5 6 k 7 8 4i'e inc. 9 7.03734 SN 6.000 .01 6.000 Al b+ 6400 .0111 6,000 Al 6AW Al $$ 6000 41 b 6.102.11 1 7.59703 ST n- YA `+ S.F. T.F. S.F. 8I SF. SF. to .F YA. 8' $F. . m5.00'ISs A .d \ / a ci:'r 59.06• 1 mot 1 mr char jj, 600D' mm' I mm• �I •..7 \ / 10 Sbl Ile X112 4 ::::,,,/ -6 \ 7,022.57 2 SF. Sr € COMMUNITY DRIVE M6] v 861'02.30•V c II IF 0E IF tf 27 t Y.¢ b4' 26 trA. •Z p b < • re 69084 n 63 '4' • 95.02 19 6,80356 N a' YA Sr' i R 18 SI 5• $�.°9 ' SF. 9 ii y 640339 n _ YI i Z TF. a' YR c � iQ59' 10:2 IOSO' 1060 \.� r . n L6iS2' 0! a' YR yII 9t6 [" IQSS• -�7T Nt�� x'15' fA. 12 28 7A �$`:, 6.319.08 fo-. Q o- 20 . 17 >'t 7 C o-e k 6.84211 6.720.0 % 6.366.08 648625 . / e. t SF. tinSi. c� S.F. F, +aE S.F. `jr \4. Mr uE. ]f 29 I 6.720.0 gi 24 $1 J 11 - `G.'. 13 S.F. �I 748].04 62a c-a Ygr 6.992.01 16 ,./N`...-C-5 `ro�\ 7368.09 1035' I S.F. ♦ S.F. 7,06 .79 4. S.F. P. swot-sat i� 6 6, > ,cam +n S.F. ( � 30 m 7,7022 7,282251 ®N �g."'� ]<351m X" 7,ea4.95;' 5 �~ Sr. 6 SR / S.F. g SF. S� S.F. & ls/ 7.5 UE. 1 T a] 1n • At* ▪ Q'Ye'C 11 i 1 N t. p� 6.131.42 k {. 111;!) SF. d 0411 75 NSW 7.5 UE., 11648' 37 }6' 625.0 N61•02'30'W 55.0. SL. 7 1 vs ar SEPIRATR INTRUN01 WCIloozo/375? — 5111E. 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Olq Vs* of *a iiIWItS URBAN ENGINEERING igretraternsi -521- Dart tab JOB Ills '„ I* 01 O_AseC (DQi -t1 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 1, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *James Skrobarczyk — ABSENT* John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Annissa Lambirth- Garrett, CPM, MPA, City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingl €s es limitado, habil un interprete de espafiol a inglds en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman Garza. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0409 -01 TNT Crane Rigging Inc. — A change of zoning from "I -2" Light Industrial District to "I -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial 375 square foot tract out of Interstate Industrial Complex Block 4, Lot 4A, located on the south side of 1H -37 0.16 miles west of Corn Products Road. Robert Payne, Development Services, presented the above stated case via PowerPoint, stating the applicant is TNT Crane Rigging, Inc. Mr. Payne stated the applicant is requesting a change of zoning from „ I -2” Light Industrial District to "I -3" Heavy Industrial District for above - ground storage tanks. Staff recommends denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan with the following four (4) conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. -522- Planning Commission Minutes April 1, 2009 Page 2 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Public hearing was opened. No one came forward in favor opposition. Public hearing was closed. Motion to approve staffs recommendation was made Commissioner Martinez and Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent. H: 1PLN- DIR\SHARED\ZONINGIPLANNING COMMISSION'MINUTESt2009M -1 -09 MINUTES.DOC -523- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TNT CRANE & RIGGING, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO A 375 SQUARE FOOT TRACT OUT OF INTERSTATE INDUSTRIAL COMPLEX, BLOCK 4, LOT 4A, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I -2 /SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR ONE (1) UL2085 ABOVE GROUND FUEL STORAGE TANK NOT TO EXCEED 10,000 GALLONS SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of TNT Crane & Rigging, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 1, 2009, during a meeting of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on a 375 square foot tract out of Interstate Industrial Complex, Block 4, Lot 4A, located on the south side of IH -37 0.16 miles west of Corn Products Road, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons, subject to a site plan, attached, and four (4) conditions. (Zoning Map 053045) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: A. Uses: All uses allowed in the "1-2" Light Industrial District plus one UL 2085 above ground fuel tank not to exceed 10,000 gallons. B. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \5- 1210RD- zoning0409 -01 TNT Crane I- 2- special perrnit.doc Page 2 of 3 C. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. D. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of May, 2009. ATTEST: Armando Chapa City Secretary APPROVED: May 4, 2009 CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi orah Walther Brown ssistant City Attorney For City Attorney H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \5 -121c 2.5orting0409 -01 TNT Crane I -2- special permit.doc Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda \5 - 121€- 6seing0409 -01 TNT Crane I- 2- special permit.doc dean r-; riM troi. 0nwln.inr' CASE # 0409.09 Planning Commission and Staff's Recommendation From: `1 -2" To: "SP" Subject to a Site Plan and Four j4) Conditions Ordinance No.: SUBJECT -527 - Exhbiit A UM. -1'. mat ^41 ■1 IrI nisi asniai ■411r rrxc4.1111EG<..,.a 4 map to Accompany •' asmi e i11iNM for S. r 0 MOO .ow. I..t tint of WA SW r as gqaMt�oN11t,e Nob WprwM ayr.wpu.t% 71�r.� URBAN ENGINEERING - FxRibit R aegato alt el i snit X a 0- Ase ogoq -0 j Attachment 12 ENGINEERING Jab No. 1100444.00 Ferman 17,200P Slate Caw Caro eNana PhlSte. foe t*eaa000las,da 375.00 agoretoafnd abed (ad band a an oalrpomdraever)oat of Lot 4A, Mat 4,brae bdtheW Carla, aaapaafvddabt radea.lgtigfiaaSi1~ :41 dap boor* at Itan. Gas 'ha aadd37d, 00 snare Art rat abed Sagan idly described bymeltaid barabmiaow Cornmeal* et *polar= tre math botatioy of loteraar Wilma No. 37, *die arday the =Mit abut attalai t, latabtobthakiel Coaplex,a ay oftthielt bworded Aare4M,Pa s 12412$, tap Raab o fNatoaCagy,Tzrs eau Slag he mason oldlot4A; T s% Statirlielt Wert, askasoe of403.07 bet to t►ntebali aataerofiktt fattaad to the Path aftheal les Thaw, bomb 09'3459"Wat, dos the soak beaaday dtatsa, s dance of 12.50 to tithe scrims tame Gsaaoa rtrwtas Padre at) attatact ,boavddakamtsasiokdaraoaer(po raraamenbilat basdatath amid Lot 4A, Block 4 beta Soot 17'04'44" Mao dYtsacdal? her 4,Not i w, hodryofdbiec »nMLoas blatant boroday oP add Lot U biat tea Sa,msaaadetdgl rites Irma saran dram det tatattardreat aaaat%ama ttr adant4dllaltatt ,feawWibamtytebsarlmarbetau camera noaoreaalalr found orsbjoften tat 4A. Bleat 4, bass Noah 1111910" Ws, a dams of l27,d4 ter ' ltrao,Neeth10'24Ylefta% with die Roar oft' tag adkasaof12.50Mtkilt apnkea tmtatGaarmnraradaa had or Kea Nsbat,lmrad&a raaaha d ararm Oa aaaomeaella brad nth staid La4A, nook 4, beets Nair 4t +27'54" that, a army of117+63ben addLt4A Bfl�aod90.15bet thin ataaandd scabs Iamb, ,aa41 babe of30.60 to toPobhofthe tabgsadaeaaart317.00masstoadloat theaSpsa rani m1hnnatirdphtof Lois 4 A,aB aid* Bast 4,101maaledattitiCoapba,a atp of tab b foot In Vest * PM* 3P- 49,MICaltatefs of iameCoad ,Near Meal taJWdli othDooe 1pdte, reW6kettb- Aatk,tadsaddpoataq,ipponia eta3ty,totes WOW bon, savtyor aanmat roanpoal or E I4 6 to many. wataaretmaarat oristba ranottaaeata 43600664101 2726 MAMMA DR. • CORPUS CHRISR.lf)AS 70404 wwwudxstenp caan -529- Iati FAX (361)0644001 (' s.e Nog, -© 27 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 12, 2009) Case No. 0409 -03, Corpus Christi Athletic Club: A change of zoning from a "B -3" Business District to a "B -4" General Business District resulting in a change of land use from commercial to commercial and residential on property described as 0.673 acres out of Wooldridge Creek Unit 8, Block I, Lot 1 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. Planning Commission's and Staff's Recommendation (April 1, 2009): Approval of the requested "B -4" General Business District. Requested Council Action: Approval of the Planning Commission recommendation. Summary: • Request: The applicant is requesting a change of zoning on 0.673 acres from a `B -3" Business District to a'B-4" General Business District for a parking lot and/or future retail development. • Existing Land Uses: The subject property is vacant. To the north of the subject property is the existing Corpus Christi Athletic Club parking lot and across Holly Road are commercial uses. To the east of the subject property is the Corpus Christi Athletic Club. South and west of the subject property the land is vacant. • Existing Zoning: The subject property is zoned a "B -3" Business District. The purpose of the "B -3" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities. Dwelling, boarding, and lodging/boarding house uses are prohibited in this district. The `B -3" Business District allows for restaurants, offices, shopping centers, hospital, nursing, and retail uses. It also allows theaters, enclosed amusements, hotels, motels, banks, bars and auto - related uses. The `B -3" District requires front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (10) feet each would be required. There are no building height or floor area ratio (imitations in the "B -3" District. • Proposed Zoning: The purpose of the "B -4" Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. The "B -4" District allows for dwellings, hotels /motels, taverns/lounges/bars, enclosed major and minor auto repair. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B-4" District. The `B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. • Transportation and Circulation: The subject property has access to Nodding Pines Drive. Currently, Nodding Pines Drive is a two lane local residential road in a 60 foot right -of -way. Local Access Streets provide access to individual residences, elementary schools and parks in a neighborhood. The local street is intended to discourage through traffic and is designed for low volumes of traffic. There are currently no plans for upgrades. • Infrastructure Demand: o Water: The subject property has an 8 inch water line along the east side of Nodding Pines Drive. o Wastewater: There are currently no wastewater lines along the subject property. o Stormwater: The City of Corpus Christi has an 8 inch storm line along the east side of Nodding Pines Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C70. Crime statistics up to 2005 show a total of 1433 crimes committed in 2002 to 1313 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number four (4), located at 2338 Rodd Field Road). • Environmental Constraints: o FEMA Flood Zone C: Moderate to low risk of flooding. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed "B-4" General Business District is consistent with the City' s Comprehensive Plan. Notification: Of the three (3) notices mailed to the surrounding property owners one (1) notice was returned in favor and zero (0, 0 %) notices were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20 %n of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Juan Perales, P.E., Interim Assistant City Manager of Development Services -534 WWI N.OIRscHARRD\t. Mainline Commission \2009 CC1May V9'0409-03 Corpus Cluisti Athletic Club B -3 to B- doc erte Senior Planner CITY COUNCIL ZONING REPORT Case No.: 0409 -03 Planning Commission Hearing Date: April 1, 2009 Applicant & Legal Description Applicant: Corpus Christi Athletic Club, Inc. Owner: Same Representative: Chip Urban, Urban Engineering Address: P.O. Box 2888, Corpus Christi, TX 78403 Legal Description/Location: 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1. Zoning Request From: "B -3" Business District To: "B-4" General Business District Area: 0.673 Acres Purpose of Request: Parking lot and/or future retail development. Zoning Existing Land Use Future Land Use Site 'B -3" Business District Vacant Commercial North B -4" General Business District (Across Holly Road) Commercial Commercial South "B -3" Business District Vacant Commercial East "B-4" General Business District Commercial Commercial West `B -3" Business District Vacant Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for commercial uses. The proposed change in zoning to a "B -4" General Business District is consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 042034 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 0.673 acres from a `B -3" Business District to a "B-4" General Business District for a parking lot and/or future retail development. • Existing Land Uses: The subject property is vacant. To the north of the subject property is the existing Corpus Christi Athletic Club parking lot and across Holly Road are commercial uses. To the east of the subject property is the Corpus Christi Athletic Club. South and west of the subject property the land is vacant. • Existing Zoning: The subject property is zoned a 13-3" Business District. The purpose of the "B -3" District is to provide sufficient space in appropriate locations for all types of commercial and —535— Zoning Report Case #: 0409 -03 Corpus Christi Athletic Club Page 2 miscellaneous service activities. Dwelling, boarding, and lodging/boarding house uses are prohibited in this district. The `B -3" Business District allows for restaurants, offices, shopping centers, hospital, nursing, and retail uses. It also allows theaters, enclosed amusements, hotels, motels, banks, bars and auto - related uses. The `B -3" District requires front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (10) feet each would be required. There are no building height or floor area ratio limitations in the `B -3" District. • Proposed Zoning: The purpose of the "B-4" Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. The `B -4" District allows for dwellings, hotels /motels, taverns /lounges/bars, enclosed major and minor auto repair. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B-4" District. The "B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. • Transportation and Circulation: The subject property has access to Nodding Pines Drive. Currently, Nodding Pines Drive is a two lane local residential road in a 60 foot right -of -way. Local Access Streets provide access to individual residences, elementary schools and parks in a neighborhood. The local street is intended to discourage through traffic and is designed for low volumes of traffic. There are currently no plans for upgrades. • Infrastructure Demand: o Water: The subject property has an 8 inch water line along the east side of Nodding Pines Drive. o Wastewater: There are currently no wastewater lines along the subject property. o Stormwater: The City of Corpus Christi has an 8 inch storm line along the east side of Nodding Pines Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C70. Crime statistics up to 2005 show a total of 1433 crimes committed in 2002 to 1313 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number four (4), located at 2338 Rodd Field Road). • Environmental Constraints: o FEMA Flood Zone C: Moderate to low risk of flooding. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed `B -4" General Business District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. -536- Zoning Report Case #: 0409 -03 Corpus Christi Athletic Club Page 3 • CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested `B -4" General Commercial District is consistent with the Future Land Use Plan which supports "commercial uses ". SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.1 - POLICY STATEMENT The City Council hereby, adopts the Future Land Use Map as a guide to future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southside ADP areas. The plan provides for a compatible configuration of activities with emphasis on: accommodation of existing zoning pattems; the protection of low - density residential activities from incompatible activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Staff Comment: The Southside Area Development Plan supports commercial uses and therefore the request for a `B-4" Commercial District is compatible. Traffic Count: Street Urban Existing ROW and Traffic Volume Transportation Paved Section 2007 Plan Type Nodding Pines Drive Local/Residential 60ft. ROW 1,496 ADT Plat Status: The subject property is platted. —537— Zoning Report Case #: 0409 -03 Corpus Christi Athletic Club Page 4 Staff Recommendation: Approval of the requested `B -4" General Business District. Planning Commission Recommendation: Approval of the requested `B-4" General Business District. Number of Notices Mailed Total 4 — 3 within 200 ft. notification area; 1 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. Meets and Bounds 10. District Uses 11. City Charter — Article V- Planning -538- r;n CASE # 0409 -03 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood eysziog t_ci•• : "as. Also available Map Scale: 1:31,660 \.I ° SUBJECT', 'PROPERTY LOCATION MAPI CASE # 0409 -03 1.a. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood .•s •:c t_c.••: ':se. Also available Mao Scale: 16.000 I •;i "!Y ° SUBJECT�f 'PROPERTY LOCATION MAPI 40P r-GU =F■Of CASE # 0409 -03 2.a. NEIGHBORHOOD - EXISTING LAND USE c ILiI Estate Residential - ER Light Industrial - LI [ - Low Density Res. - LDR 1 -i I Heavy Industrial - H7 d Dr nsity Res- - MDR !?SP Public Semi- Public - PSP I Density Res. - HOR Park U , t' r Ile Home - MN Drainage Corridor - DC 'nt - VAC '' CP Conservation/Preservation - CP ”rofi "oval Office - PO n water nnmerciai - COM Map Scale: 7:10,000 I SUBJECT[ PROPERTY LOCATION MAPS E� 7 SU EGi., / , \ / O / lv , ��� t • [3i r 400 CASE # 0409 -03 2.b. SITE- EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR Dc nsity Res. - MDR id Density Res. - HOR , t' r Ile Home - MH Gc. CP iJrofi bnal Office - PO n nnmercial - COM ii Light Industrial - LI 1 y;- 1 Heavy Industrial - Hl ?`P Public Semi - Public - PSP Park Drainage Corridor - DC Conservation/Preservation - CP Water Map Scale: 1 2.40© QIR 02CM . COM MDR ,PC e, +.1 cOM �P PsP MCP MCP COM CONI !rr�y/ {Y `-n'ti L'Di1r 'r •�� L •, flaDR 7"(rtDr:R C PARL�x PSP WA T Eii' MDR`. COM COM M, ^R con! Co 1 vlact MCR _. _.. CO71.1' COM MDR MDR • -CCAi CC:.4i.- MDR C;%M MDR 00:41, M c JM COM r c rr' -410R cOM LDR' P pc P,1 RK A.2.,,' 82--20 • -4 F�"tlD FLOR ILA R! r.ea ,,k. CLDIi„N. • `717 t-i r 'SPES R ! JRr ^ND9`,-l- 4+? PARK" • COM C o,1-7 0 O CASE # 0409 -03 3.a. NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural - AR - Tourist - TOR 1 Estate Residential - ER 17.'e'] ,earth/Business Path - RBP - - Low Density Res. - LDR _1 Light Industrial - LI - - -- rsity Res. -MDR Heavl Industrial - HI q1=1-7.1 • ^gh Density Res. - HDR Pub!- Semi - Public - PSP 0 , le Home - Mkt Park ..cant =VAC - Drainage Corridor - DC -C71 Protes,.ional Office - PO 00 Dredge Placement - DP PI i Conurercial - COM l .1 Water C P C onservation/Preservation - CP Transportation Plan em-e -, Arf crap! s Collector -� -- Expi ass o ys ur - Parkway } Railroad Map Scale: 1:10.000 • SUBJECT1 'PROPERTY LOCATION MAPS M =-=.j City of omits Christi • LI C Oki ' Cq N� Y y r O O� '2917 / G S;' Ate i / LDR /T >7 4 , y:,LF VvRTER DR -9/ O/? <i r� CASE # 0409 -03 3.b. SITE- FUTURE LAND USE >' - SUF'J; S.T. MDR Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER L?- R- ,aarch /Business Park - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI -- - �' ,sity Res. - MDR Heavl Industrial - HI gh Density Res. - HOR Thrl Pub!„ Semi - Public - PSP ire Home - MH Park - 1 ...cant -VAC - Drainage Corridor - DC ' 'on tonal Office - PO "P Dredge Placement - DP ,..✓cial -COM l ] Water GP Conservation/Preservation - CP Transportation Plan .4 +Ierre!s CoileenFs. -m--. Ex pi osslvays _ - Parkway 4 +— R.:elroad Map Scale: 1:2.400 MDR roM G U L F W A Y h i R L (N E LAO El 0U'0 V(L LE GE P20 :(v00 ILCrl4_ FL 000.8 L Lit G E 0h E FL0L) SLUFF E =i a 017100-Et ECt CASE # 0409 -03 4. SITE- 2007 AERIAL Refer td Ma.? 2'or Neighborhood E •::r!� La.si Use 41so available di t_OCATION MAP] C:ityof Corpus Christi WYMA ULFWAY AIRLINE »ARK. 3 L F.W A.i`A) RLINE ` ARK LAKEWO VILLAGE CS C A ND L EW uu � / 8 - FLOUR i'FF & ENC: SUBJECT PROPERTY. CANDLE:Wn D ANNEK Eu DRIDGE CREEK r'..,. \. 21 i �� / 22 1 CITx?DLEWL•, /4`''' w OUR SLUFF & E TION K #7 CID A:- 2 B -4! HO L = LUFF OLDRFDe5 REEK. /2099 SRR CASE # 0409 -03 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY JLOCATION MAP1 City Of Corpus Christi AKEW[Q OD VI .4 CONDO Ax:ewObo AGE' CONO.Q P - 4 Er* FLOUR BLUFF &,ANC. I. KEY RIDGE CREEK . #.8. FLOUR BLUFF &.. A - 1' 5 1 6 / } ( d0 / 15 WOO. 16 Pre ar 2®topt e CASE # 0409 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP At Apartment Hoax. District 1 -1 Limited Industrial District 4 -la Apa t _N Douse Duai:t 1-2 4 act Industrial District Apa Inent house Dishet 1-3 Heavy Industrial Dnt 1c AE Professional Office District PIJD Planned Unit Dewelopmnnt AT Arai M rf Tenrist LLstrict $- ? Lea FpI»Y Cesar Dist rot B -1 ITeigitoi hod etsine o D>nvld R= B One Faintly Defiling t nntrlct 614.Nelgiborhoon Busman> BiYda R -iC or- Fon, Fenn tg Fume F-2 Fayette Business Berea R-2 Multiple CaveJ ling nlsldot L-1A bar ner Island Business District RA Sine Family Genii g Diotrint E -i Breiness Distant RE Residential Dstste Pleura $-4 (general Busman:. District R- H ithengouse DnePng District F-3 Primers BUnliresn Piste SP Spineal Peritiit Psi Primer, 'Brininess Seto District T -1 Tn :el Trails Park OiLtT" ED Cori US Christ) Beach Design DISC T=1a Mnnufaetmed Hnne Path DlSIr et FR Fenn Real Diilite a dnnuraetured Home Sundt,- sion HE Hairepell- Guttural Landmark Central Preservation l ©1 P b4 fferr EurA.31Y 0D vier 'a ruva AComers :24O/A� or X$g Orvreca n Ia cJied eti &.a1p:a Lae J%n`l 000 00 0 SUBJECT PROPERTY COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0409 -03 Name: Corpus Christi Athletic Club Circled = FAVOR X = OPPOSED (Note. The number(s) next to name corresponds to the attached map.) Total number mailed: 3 Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED \I. Planning Commission\2009 PC\2009 Public Comments \0409.03.doc -551- YY H111111110 ij b !t t Gila !Hippo P 811 i wpm! lit EH x o a a it eO S 1 1 1111111 m 33 3 Z 0 000000010 00 0 000 a =fit Z. itigg. t1! f Ell r 'e E� L G'r °m A7 et y � y Rm r! F. 3 ¢and -552— YREAN ENGINEERING i ,4rnitimiegT 9 March 11, 2009 lab No.-075S0:A19:00 Revised: March 13, 2009 State of Terns County of Nueces Field. Notes for the tO$73.acre treat of land oitltgf kat 1. Stott 1. Wooldridge-Creeak lhdtl. a- map.of. which is recorded in Volume 50, Page 100, Map Records of Nueces County, Texts, said 0.673. acre tract of land being more fully described by metetand..bounds es follows. Beginning at a 5/8 ineh iran.tod lisure nn *heeoutheaat boundary of Nodding Ptft$ drive, s 60.00 foot wide public roadway, for the west corner .ofsak lot.iand for the west corner of this tract Thence, North 281910" last, along the southeast boundary of Nodding Pines Ortve, sortie being the northwestboundary of said trot 1 and of this tract, a distance of 92.50 feet for the north corner (no monumentation found or set) of this tract; Thence, South 61'00'40' tag, With 8lliket 1eala *MOMS !Strad, a deuce of 316497 feet for the east comer (no monumeatation found or set) of this tract; Thence, South 28'59'207.West, with the southdst boundary of this tract, a distant of12.S0 feet to a point on the southwest boundary of said Lot 1, for the south comer (no monumentation found or set) of this tract Thence, North 61•001e0` West, 'lengths southwest boundary ofseid'tot 1, same being the southwest boundary of this tract, a distance of 316.97 feet to the Point of Beginning and containing. 0.673 acres (29,319.73 square feet) of land• Bearings are based on the recorded plat of tot 1, Block 1, Wooldridge Creek Unit 3, a map: of whkh is recorded in Volume 50, Page 100, Map Records of Nueces County, Texas. Unless this fieldnotes Description, Including preamblerseal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. ��s N {NNIw• N.u. JUAN JOSE BAtAZAR ...N•N•N.•w.www• N. 4909. • .0. • /4 Urban Engineering uan J. - r, R.P Ursine fsa4909 Par 1 of 1 (361)854 -3101 2725 SWANTNER DR.e pyRPUS CHRISTI.TEXAS 78404 FAX (361)854.6001 www4haneng.com iY n L.(e . n r> Gee"' Noddle Pinn Drive aero Point of Borning N28'59'201 Pd. Wt Lot 7, Section 12 Flour Bluff and.Enclnoi Foes and Gordn Tracts Vol. A, Pgs. 41-43: Mop Records, Mums County, Taos Map to Accompany Field Notes for the naming of o 0.673 acre tract of lend out of Lot 1. Block 1, Wooldridge Creek Unit 8, a map of which is recorded In Volume 00. Page 100. Mop ATTi4CW M ENT 0.673 Acres 29,319.73 Sq.Ft) 0 n S�'w . UL t 11 ermitaltv URBAN �:'" 60' Z =' J00 NO.: 07550.A9.00 se E ra SHEET: 1 OF 1 -554- 02009 icy Urban Fns �_ (3 , _ 6vof -03 - 83 - ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS Section 15-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -3" Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B -1" Neighborhood Business District except dwellings, boarding and lodging houses. (2) Amusement place in an enclosed building, auditorium or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air- conditioning equipment, and auto parts and tires sales and service with an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not pennitted. (17) Public or governmental buildings. (18) Mini - storage, enclosed. (Ordinance 24566, 08/28/01) 02/08 B -3 -555- - 84 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service stations. (21) Taverns, lounges or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 15-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 15-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 15-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24 and, in addition, the following regulations shall apply: 15 -5.01 There shall be a side yard not less than ten (10) fret in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A-1 ", "A -1A ", or "A -2" residential district. 15 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A-1A ", or "A -2" residential district. 15 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 15 -6 Supplementary height, area, and bulk regulations are contained in Article 27. B-3 02/08 -556- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "3-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to save the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. (2) Automobile parking Tots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. (6) Offices and office buildings. ( 7) On-premise freestanding and wall signs are allowed and Bother regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (1 I) Undertaking business or establishment (12) Accessory buildings and used customarily incidental to the uses permitted hi the district, except that outside storage and outside sales area am not permitted. (13) Hand operated or automated self- service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 -557- - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -IC ", "R -2 ", "A -1 ", "A -1A ", or "A-2" residential district. 12 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear ofa lot adjoining an "R -IA ", "R -1B ", "R -1C", "R -2 ", "A-1 ", "A -1A", or "A -2" residential district. Section 12-6 Supplementary height and area regulations are contained in Article 27. B-1 02/08 -558- - 47 - ARTICLE II. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "12.-1A" One - family Dwelling District. (2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. (5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; ( 8) (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -559- - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 OR- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 114 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -560- - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovemmental public recreation, and community buildings. 02/08 R -1A -561- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 R -1 A -562- - 85 - ARTICLE 16. "13-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "84" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Any use permitted in the "B -1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) (9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -563-- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B ", "R -IC" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 16-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 -564- Zoning Report Case #: 0409 -03 Corpus Christi Athletic Club Page 5 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall _n_tit_te th_ mast_. ? e_rotn.nrehinnsive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritv6&5trrisdiction of the city, or for portions fhoranf inrluirlinn nninhhnrhnnrl rnmmiinih, and a rr.a -with nlanc Thin MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 1, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *James Skrobarczyk — ABSENT* John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldafia, AICP, Senior City Planner Bob Payne, MCP, Senior City Planner Annissa Lambirth- Garrett, CPM, MPA, City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habr'a un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman Garza. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning c. Case No. 0409 -03 Corpus Christi Athletic Club — A change of zoning from "B -3" Business District to "B-4" General Business District resulting in a change of land use from commercial to commercial and residential 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. Mrs. Garrett presented the above stated case via PowerPoint presentation stating the applicant is the Corpus Christi Athletic Club. Mrs. Garrett stated the applicant is requesting a change of zoning from "B -3" Business District to "8-4" General Business District. Staff recommends approval. Public hearing was opened. Mr. Chip Urban, Urban Engineering, 2725 Swanter, Corpus Christi, TX, stated he was present to answer any questions. Public hearing was closed. Motion to approve staffs recommendation was made by Commissioner Kelly and seconded by Commissioner Martinez. Motion passed unanimously with Vice -Chair Huerta abstaining from the vote and Commissioner Skrobarczyk being absent. -566- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CORPUS CHRISTI ATHLETIC CLUB, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 0.673 ACRES OUT OF WOOLDRIDGE CREEK UNIT 8, BLOCK 1, LOT 1, FROM "B -3" BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Corpus Christi Athletic Club, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 1, 2009, during a meeting of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1, located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive, from "B -3" Business District to "B -4" General Business District. (Zoning Map 042034) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\5- 12 \O &zoning0409 -03 CCAthleticClub B -4.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of May, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 4, 2009 eborah Walther Bro Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \5 -12\ F §-§coning0409 -03 CCAthleticClub B -4.doc Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon.ordinances at two regular meetings. 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —569 - H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agencla\5- 12 \ORD- zoning0409 -03 CCAthleticClub B -4.doc WYIIAN 1 /GULFWAY AIRLINE ARK J DULFWA.J'„AIRLINE 'ARK 1 it N. A -1 LAKEWDO• VILLAGE CONDO R -2 c 0 CANDLEWO LOKEY N�e E 144 (LOUR BLEFF 8 FNC � SUBJECT EJ PROPERTYi / 4 ANOLEWOOD ANNEX W•OLDRIDGE CREEK 1 LOUR BLUFF .1 ILION 19 WA�O1- 3'tT3iL�� A-; /SP /91 DRIDgg;CRE -4 /S HOL CASE # 0409 -03 Applicant's Request, Staff's and Planning Commission's Recommendation From: "13 -3" SUBJECT PROPERT, To: "13.4" Ordinance No.: -570- ioi Cayor Comm 00W 28 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 12, 2009) Case No. 0409 -02 Morris L. Lichtenstein, Jr. Medical Research Foundation: A change of zoning from "B-3" Business District to a "B-4" General Business District resulting in a change of land use from commercial to commercial and residential on property described as 3.198 acres out Flour Bluff and Encina] Farm and Garden Tract, Section 12, Lots 6 and 7 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. Planning Commission's and Staffs Recommendation (April 1. 2009): Approval of the requested `B -4" General Business District. Requested Council Action: Approval of Planning Commission's recommendation. Summary • Request: The applicant is requesting a change of zoning on 3.198 acres from a "B -3" Business District to a `B -4" General Business District for an apartment complex. • Existing Land Uses: The subject property is vacant. To the north and south of the subject property is vacant land. The Corpus Christi Athletic Club and apartment buildings are located east of the subject property. To the west of the property is vacant land and single family residential dwellings. The subject property is part of a larger tract to the south which is zoned "A-I" Apartment House District, and is planned for the development of 7 apartment buildings, consisting of 156 units, including the clubhouse and parking area. The entire apartment development is planned as a ten(10) building complex with 200 units, one (1) clubhouse, four (4) parking garages and 370 parking spaces. • Existing Zoning: The subject property is zoned a "B -3" Business District. The purpose of the `B -3" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities. Dwelling, boarding, and lodging/boarding house uses are prohibited in this district. The `B -3" Business District allows for restaurants, offices, shopping centers, hospital, nursing, and retail uses. It also allows theaters, enclosed amusements, hotels, motels, banks, bars and auto - related uses. The "B -3" District requires front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (10) feet plus additional setback up to (30) feet would be required. There are no building height or floor area ratio limitations in the "B-3" District. • Proposed Zoning: The purpose of the "B-4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. The 'B-4" District allows for dwellings, hotels /motels, tavems/lounges/bars, enclosed major and minor auto repair. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B-4" District. The "B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. • Transportation and Circulation: The subject property has access to Nodding Pines Drive. Currently, Nodding Pines Drive is a two lane local residential road in a 60 foot right -of -way. Local Access Streets provide access to individual residences, elementary schools and parks in a neighborhood. The local street is intended to discourage through traffic and is designed for low volumes of traffic. There are currently no plans for upgrades. -573- • Infrastructure Demand: o Water: The subject property has an 8 inch water line along the east side of Nodding Pines Drive. o Wastewater: There is an 8" wastewater located along the west portion of the subject property. o Stormwater: The City of Corpus Christi has a 36 "RCP line along the east side of Nodding Pines Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C70. Crime statistics up to 2005 show a total of 1433 crimes committed in 2002 to 1313 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number four (4), located at 2338 Rodd Field Road. • Environmental Constraints: o FEMA Flood Zone C: Moderate to low risk of flooding. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed eB -4" General Business District is consistent with the City's Comprehensive Plan. Notification: Of the 10 notices mailed to the surrounding property owners, one (1) notice was returned in favor and zero (0, 0%), were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except y a favorable vote of a majority plus one of the City Council present and voting. FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance Juan Perales .E., Interim Assistant City Manager of Development Services Senior Planner H PLN- DIR\SHAREDU. Planning Commission @009 COMay'OYt0409 -D2 Moms L. Lichtenstein Jr. Medical Research Foundation B-3 to B-4.doc CITY COUNCIL ZONING REPORT Case No.: 0409 -02 Planning Commission Hearing Date: April 1, 2009 Applicant & Legal Description Applicant: Morris L. Lichtenstein, Jr., Medical Research Foundation Owner: Same Representative: Chip Urban, Urban Engineering Address: P.O. Box 2888, Corpus Christi, TX 78403 Legal Description/Location: 3.198 Acres out of Flour Bluff and Encinal Farm and Garden Tract Section 12, Lots 6 and 7. Zoning Request From: `B -3" Business District To: `B -4" General Business District Area: 3.198 Acres Purpose of Request: Development of 3 apartment buildings consisting of 44 units. Zoning Existing Land Use Future Land Use Site 13-3" Business District Vacant Commercial North "B -3" Business District Vacant/Commercial Commercial South "A -1" Apartment House District Vacant Medium Density Residential East 'B4" Neighborhood Business District Commercial Commercial West `B -3" Business District Vacant/ Low Density Residential Commercial/Low Density Residential ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for commercial uses. The proposed change in zoning to a `B-4" General Business District is consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 042034 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 3.198 acres from a `B -3" Business District to a'B-4" General Business District for an apartment complex. • Existing Land Uses: The subject property is vacant. To the north and south of the subject property is vacant land. The Corpus Christi Athletic Club and apartment buildings are located east of the subject property. To the west of the property is vacant land and single family residential dwellings. The subject property is part of a larger tract to the south which is zoned "A -1" Apartment House —575— Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 2 District, and is planned for the development of 7 apartment buildings, consisting of 156 units, including the clubhouse and parking area. The entire apartment development is planned as a ten(10) building complex with 200 units, one (1) clubhouse, four (4) parking garages and 370 parking spaces. • Existing Zoning: The subject property is zoned a'B -3" Business District. The purpose of the "B-3" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities. Dwelling, boarding, and lodging/boarding house uses are prohibited in this district. The `B -3" Business District allows for restaurants, offices, shopping centers, hospital, nursing, and retail uses. It also allows theaters, enclosed amusements, hotels, motels, banks, bars and auto - related uses. The "B-3" District requires front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (10) feet plus additional setback up to (30) feet would be required. There are no building height or floor area ratio limitations in the `B -3" District. • Proposed Zoning: The purpose of the "B-4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. The `B-4" District allows for dwellings, hotels /motels, taverns/lounges/bars, enclosed major and minor auto repair. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B-4" District. The `B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. • Transportation and Circulation: The subject property has access to Nodding Pines Drive. Currently, Nodding Pines Drive is a two lane local residential road in a 60 foot right -of -way. Local Access Streets provide access to individual residences, elementary schools and parks in a neighborhood. The local street is intended to discourage through traffic and is designed for low volumes of traffic. There are currently no plans for upgrades. • Infrastructure Demand: o Water: The subject property has an 8 inch water line along the east side of Nodding Pines Drive. o Wastewater: There is an 8" wastewater located along the west portion of the subject property. o Stormwater: The City of Corpus Christi has a 36 "RCP line along the east side of Nodding Pines Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C70. Crime statistics up to 2005 show a total of 1433 crimes committed in 2002 to 1313 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number four (4), located at 2338 Rodd Field Road. • Environmental Constraints: -576- Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 3 o FEMA Flood Zone C: Moderate to low risk of flooding. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed "B -4" General Business District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested "B-4" General Commercial District is consistent with the Future Land Use Plan which supports "commercial uses ". SOUTHSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B.1 - POLICY STATEMENT The City Council hereby, adopts the Future Land Use Map as a guide to future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southside ADP areas. The plan provides for a compatible configuration of activities with emphasis on: accommodation of existing zoning patterns; the protection of low- density residential activities from incompatible activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Staff Comment: The Southside Area Development Plan supports commercial uses and therefore the request for a'B-4" Commercial District is compatible. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2007 Nodding Pines Drive Local/Residential built to collector standards 60ft. ROW 1,496 ADT —577— Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 4 Plat Status: The subject property is not platted. Staff Comment: The existing `B -3" Business District allows for commercial uses, but no residential dwellings. A change to a "B -4" General Business District will allow the applicant to develop apartments and still remain consistent with the future land use plan which allows for commercial development. In addition, the development of apartments will serve as a buffer and transition between the residential uses to the southwest. Staff Recommendation: Approval of the requested "B -4" General Business District. Planning Commission Recommendation: Approval of the requested `B-4" General Business District. Number of Notices Mailed Total — 9 within 200 foot notification area; 1 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. Meets and Bounds 10. Site Plan 11.District Uses 12. City Charter — Article V- Planning -578- _ C E1 -411 SPD- -,R,t7 • CASE 0409 -02 1. NEIGHBORHOOD - 2007 AERIAL Referto Mao 2; " 2b for Neighborhood [. s •:c t_�••0Vas.. Also available Map Scale: 1:31,660 SUBJECT PROPERTY LOCATION MAP] SUBJECT PROPERTY. 75-1 Ark>. • • • 1-1.1 • • ,. • ..•• • "20 CASE # 0409-02 2.a. NEIGHBORHOOD - EXISTING LAND USE c Estate Residential - ER 1 Li 1 Light Industrial - LI Low Density Res. - LDR 1 'II 1 Heavy Industrial - Hl Dcnsity Res, - MDR R5P ublic Semi-Public - PSP i Density Res. - HOR 1 1 Pm* , s Ile Home - MN i;•‘. Drainage Corridor - DC 1 ti 'nt - VAC ' CP Conservation/Preservation - CP Profi "oriel Office - PO T1 water : !! gnmercial - COM Map Scale: 1:10,000 1 i" • 'AT" SUBJECT PROPERTY LOCATION MAP] . • • r. 4,4 Nt„ citY of • torpits !,„ Christi J C CASE # 0409 -02 Lb. SITE- EXISTING LAND USE E41ate Residential - ER Low Density Res. - LDR "-d Dr nsity Res- - MDR ■.1 Density Res. - HOP Ile Home - MH nt- VAC vrof, bnal Office - PO nnmercial - COM ILiI H'I ll a`p Lt. • CP Map Scale: 1 2.400 Light Industrial - LI Heavy Industrial - Hi Public Semi - Public - PSP Park Drainage Corridor - DC Conservation/Preservation - CP Water SUBJECT%. PROPERT -c. Y .F'. {LOCATION 1 0 i UiLV Of i.hrsil a F r DRsL\f •-y.. /9A • • >1 n?Z't4'4Lt)R, • �'LDRR�",�j� �Tr\ - /.�DR,``<. Y 7}.;y hr..LDR MOP Din `orgy '' -- - — — ! � DR C0 "� .1d - Leg, ic. )- . f .) 2pN- q p f COM WATER it S yt DR P PP ;x y, �.. r�"y i �. • LOF .�- 7 DR`>v`'�(�-e '1 c''C-L`DR J cPR �jL /!�. iTh /: c`bR SUBJECT- ColA PROPERTYT • cum ar a COP, MME: PARK Liolt woe co A/7 e is c A/70PP .c ea 2 con!. gone .,��.. iworc - C: ,14 �4 �) •. • < ..%.: `7A / , 4r '�' R • r 001 4 • ?ADP COM COM MDI 0A1 ' c -5 7 �A CLLR h ^�, f h�/��� _. ix l_ / >-C'h'� CDR LS1 11 - CS; , �� ..: MOR 4 PARK 2C`Y'. ORS `".�. • t/_ • cor/i PSP PAP • ur 4r;0 fret / `�LrR ZifPf��r • ktiR him ; LOR , LC LnR n. i ,i f to • ft / j3't8100�9� .l ✓2,/ 4-di'epa o ; : SRR- fine I i:4YRropm"tjf A C Pit C0 4 } LDR� Cr C'A CO CASE # 0409 -02 3.a. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER ?� Rv, -mrch /Business Park - RBP - Low Density Res. - LOP f LI 1 Light Industrial - LI - - C" ,sity Res. - MDR Heavl Industrial - HI 1"1-11,7.1 "rah Density Res. - HDR Pub! Semi - Public - PSP ileHome - MH cant =VAC -5, Protess.Ional Office - PO -- i Commercial - COM Transportation Plan .Ar lerL4s Collector ----. Ex prossr✓ays -- - -. Parkway 4 °° +} Railroad Park Drainage Corridor - DC OP Dredge Placement - DP 1 Water r, P Cnnservation/Preservation - CP Map Scale: 1:10.000 ( -woo SUBJECT PROPERTY LOCATION MAP] �i.'ityof ' i'srrfx, c, Lhi sl'1 MDR L' CUM ,'i %r, /!' / ��� ,•1LL7R /// /' • - GA\ rr LDR i� \R MDR / COIM kip h 1 CASE # 0409 -02 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR Estate Residential - ER Low Density Res. - LOP rsity Res. - MDR ^gh Density Res. - HDR Ile Home - MH .cant - VAC of bona! Office - PO _ rcial - COM Transportation Plan em-05r' .4 +ferib's Collector - - -- Ex pi oss a ays -- - Parkway Railroad IN Tourist- TOR H-eb] R- earth /Business Park - RBP l Lr ] Light Industrial - LI Heavl Industrial - HI - _ I Pub!„ Semi - Public - PSP Park • Drainage Corridor - DC DP Dredge Placement- DP ] Water ca Conservation/Preservation • CP Map Scale: 1:2.400 L KEWOO L'LAGE CONDO . WI ND 0 HA<E;� LO ;KE'i C}B4B T' /� - lnOOLDR ;DL,L CREEK .„ PROPERTY O` La.,' ..OUR St LIFE S ENC ' ,-.•E 8,4?O IGH AD 7il O N -- i 'NcCJGCD -F.ID E E'H CASE 7:1= 0409 -02 4. SITE- 2007 AERIAL Fl Refer td Mao 2 'or Neighborhood E-:sfing Lena Use 4iso available di U L L. cCte•:as. corn .F'. {LOCATION MAP1 YMAN Y AIRLINE PARK 3FWAY AIR ME PAIR' A - A,I LAKEWOO+ VILLAGE Ca1+''DO R -2 WOOD ANNEX A �7. KEY DBEND SUED! Ut'°.!ON IDLE CREEK AN LOUR BLUFF & E K /#7 107 -04 A -2 202 0:29 ".CS 4 2 O L L. Y OA. EN SPJ- 9I- j4B_4'SP D'DGE C EEK B I' SP/86 -01 UR BLU J & kJ /RLfNE 3 '3 18)2009 ``, Ft'epelt/ By SRA 4 ,E IGl12IIY . i Bq %ervices CASE # 0409'' -02 5. SUBJECT PROPERTY Subject Properly SUBJE LAK B 1,- INDCHA E C NDO 2 FLOUR SLUFF & ENC 4 EY B - 3 WOOL DR!0 E CREEK #8 2 UR BLUFF & ENC B B ROUGH 20 4 Y13 Prepared S Department of development Set 009— RR CASE # 6. SITE - EXIS NOTICE AREA At Apartment House District °rib npa anent Douse. Diana z e anent house Diana HE Professional Office District AT Asa Incentarsunst District B-1 Iheignboi Tote Busine s Don 2-14 ftnigtherhood Brienast:. Degrt E-2 Bagfrcat Dueness Dlshlce ERA Bain& Island Business District E -; Easiness District 0-1 iteneralDusio35S Lastest E. Prlroary BUSiiless Piste E5 Pausysusiuess Cone District ED Cori US .knish Beach Design DISC F:R Farr Real Darla[ H4 Hatarical- Cultural Landmark Preservation 101 Hp CD' 0409'' -02 TING ZONING, & OWNERSHIP 1 -1 Lashed Industrial Lastnct 1-2 Light Industrial District 1-3 Hearty Industrial Dst'd POD Panned Unit Development P- A Ore Panay Dealing Dl9trat R=D One gamily Cradling District P -u Cr- Fanlly Dahing Diane R-2 Multiple Dave ling District Pe One family Dad ig District RE Residential Esrale District R- H icanhause DUePing District SP Spatial Parma R'La Truce Turner Palk Dlstrltt TM a Menufaetured Heine Perk DLtdet .a Et Manufactured Home Sardis sion DisIris sri a ruva r AC. nets srro 200 s:ed or V 22 opera arlached oh, ssryatee ns oogo-hoe COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0409 -02 Name: Morris L. Lichtenstein, Jr. Medical Research Foundation Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 10 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 —591— I fr77WCN/'4tN7 6 -592- A 07 ftz ft //i chime/y i y Y RBAN ENGINEERING Stab Of.Term trinity of Nueces tlaertfseig Job No. 07550.A9.00 Red NOW* tkr d!f,.04.1 ffetC a kind OUtbfLobBad7,Stabil12,FlOW Bluff and Encinal Farm and Garden Tracts, a map of which is recorded In Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 1198 we tract of landbeing more fully described by metes and bounds as follows: Beghinftw at a 5/8 Inch Iron rod found on the Mahout boundary of Nodding Pines Drive, a 60 foot wide public roadway, for the northwest comer of Lot 1, Block Wooldridge Unit 8, a map of which is recorded in Volume 50, Page 100, Map Records offlueces County, Texas and forthe north comer of this tract; Thence, South 61'00'40" East, along the west boundary of said tot 1, same being the northeast boundary of this tract, a distance of 515.97 feet for an interior corner of said Lot 1 and for the east corner (no monumentation found or set) of this tract Thence, South2/759"2O`•West; continuing along the west boundary ofsaid lot 1, samebeing the southeast boundary of this tract, a distance of 270.00 feet to the common corner of said Lot 1, and Lots 14 and 15, Block 2, WooldridgeCreek that 7, a map of which is recorded ht 47, Pages 131- 132, Map Records of Nueces County, Texas, for the south corner (no monumentation found or set) of this tract Thence, North 61'00`40` West, with the southwest boundary of this tract, a distance of51531 feet to a point (no monumentation found or set) on the southwest boundary of said Nodding Pines Drive for the west corner of this tract. Thence, North 28'59`20* East, along the southeast boundary of said Nodding Pines Drive, same being the northwest boundary of this tract, a distance of 270.00 feet to the Point of Beginning and containing3.198 acres (139,311.90 square feet) of land. Unless this Fiefdrates Description, including preamble, seal and signature, appears In its entirety, in its original form, surveyor assumes no responsibility for its accuracy. (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI.TEXAS 78404 Urban Engineering ,41tevt Li Juan J. , License No.4909 Pageldl FAX (361)854.6001 —593— Dtio9 -- oZ Lot S. Section 12 Of Flour Bluff and Ended Form and Cadn Tracts" Vol. A. Pp. 41-43. Yap in Records. Nueese County, Taos /77r19-CbLM EIYT 9 Nodding Piing Drive LOS) N28'59'201 270.00' rd N 3.198 Acres (139,311.9 Sa.Ft) Point of r o Lot 7, Section 12 _ Flour Bluff Vol. A Pp. 4 —43, Mop Tracts Roast, Moon County, Taos Lot 17 Vol Lot 1e Lot 15 Block t leeklrldgs Crook Unit 7 , _Pqs._. to -1.32._ Yap Nusc..Doknly,T. Lot 1 Map to Accompany Field Notes for the rezoning of a 3.198 acre tract of !arid out of Lots 8 and .7, Section a 12. Flour Bluff d Encino' Farm ord Carden Tracts. a map of which is recorded in iSd r —S2r59123Nt C,,, x270:00' J Moses County. Micas Imor It0" - URBAN DATE: MAR. 11, 2009 SCALE: 1'100' — Ba fln JOB NO.: 07550.A9.00 SHEET: 1 OF 1 p a/rrrwr ran (a4 0200011AVIN tn.: 58 9 Urban Engineering . Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 5 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans withthe adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -595- Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 6 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan ne hall include and enforcement cement implementation appropriate and shall be implemented, in part, by p policies ced t of ap programs. land development regulations and other ordinances, p After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission or disapprove cocommunicate a deviation. recommendations to the council which may approve Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -596- AHAcwmed? I, - 83 - ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS Section 15-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -3" Business District, The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B -1" Neighborhood Business District except dwellings, boarding and lodging houses. ( 2) Amusement place in an enclosed building, auditorium or theater except open air drive -in theaters. (3) Athletic field or baseball field. (4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) (5) Sales and repair of plumbing, heating, electrical, and air - conditioning equipment, and auto parts and tires sales and service with an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. (8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage, enclosed. (Ordinance 24566, 08/28/01) 02/05 B-3 -597- - 84 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service stations. (21) Taverns, lounges or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 15-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 15-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 15 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24 and, in addition, the following regulations shall apply: 15 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-IA", "R -1B ", "R-1C"11-r, "A -1 ", "A -IA ", or "A-2" residential district. 15 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-1A", "R -113", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 15-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 15-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B -3 -598- - 49 - ARTICLE 12. "11-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-1" Neighborhood Business District This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District (2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. (6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (I 1) Undertaking business or establishment (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales .within a building containing less than 3,000 square feet in gross area with no service bays. Section 12-3 Parking Regulation The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off - street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. (9) Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/0B B-1 -599- - 50 - There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining 1Z -5.01 an "R -lA " , R- IB ", "R -IC", "R-2", "A -1 ", "A-IA", or "A-2" residential district. Ther "It-1A", " R -lB ", " R -1C", "R-2", shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an 12 -5.02 R -2 ", "A -1 ", "A -IA ", or "A-2" residential district. Section 12-6 Supplementary height and area regulations are contained in Article 27. B-1 02/08 -600- - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. (5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: ( 8) (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot (c) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such - business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB —601— -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715,12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. AB 02/08 -602- - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One- family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 - Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26-11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -LA -603- - 26 - ( 8) Railroad rights-of-way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (1I) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this sect ion, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed ands t home (9&B0or bed and breakfast home with special events (B &B/SE). Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. R -1A 02/08 -604- - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "8-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: (I) Any use permitted in the "B -1" Neighborhood Business District. (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (I1) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 -605- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R-2 ", "A-1 ", "A -1A ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -LA ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -606- Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 5 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -607- Zoning Report Case #: 0409 -02, Morris L. Lichtenstein, Jr., Medical Research Foundation Page 6 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council In the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -608- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 1, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *James Skrobarczyk — ABSENT* John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldafia, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Annissa Lambirth- Garrett, CPM, MPA, City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en Ia junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman Garza. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning b. Case No. 0409 -02 Morris L. Litchtenstein, Jr. Medical Research Foundation — A change of zoning from "B-3" Business District to "B-4" General Business District resulting in a change of land use from commercial to commercial and residential 3.198 acres out Hour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. Mrs. Annissa Garrett, Development Services, presented the above stated case via PowerPoint presentation stating the applicant is Morris L. Litchenstein, Jr., Medical Research Foundation. Mrs. Garrett stated the applicant is requesting a change of zoning from "B-3" Business District to "B-4" General Business District. Staff recommends approval. Public hearing was opened. Mr. Chip Urban, Urban Engineering, 2725 Swanter, Corpus Christi, TX, stated he was present to answer any questions. No one came forward in favor or opposition. Public hearing was closed. —609— Planning Commission Minutes April 1,2009 Page 2 Motion to approve staffs recommendation was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Vice -Chair Huerta abstaining from the vote and Commissioner Skrobarczyk being absent. H: \PLN- DIR\SHARED\ZONINGIPLANNING COMMISSION MINUTESI200914 -1 -09 MINUTES.DOC - 6 1 0- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE MORRIS L. LITCHENSTEIN, JR. MEDICAL RESEARCH FOUNDATION, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.198 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, SECTION 12, LOTS 6 AND 7, FROM "B -3" BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The Morris L. Litchenstein, Jr. Medical Research Foundation, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 1, 2009, during a meeting of the Planning Commission, and on Tuesday, May 12, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 3.198 acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7, located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive, from "B -3" Business District to "B-4" General Business District. (Zoning Map 042034) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\5- 12 \O §d -1 ning0409 -02 Litchenstein B -4.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of May, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 4, 2009 eborah Walther Brov,9c0 Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\57Ad - zoning0409 -02 Litchenstein B -4.doc Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\5- 12106d- Zntng0409 -02 Litchenstein B -4.doc �Y AIRLINE PARR 3 24g9 IFWAY AIRLVIE PA LAKEWO LDRIDGE CREEK ANFAI/P1A•t \!N CASE # 0409 -02 Applicant's Request, Staffs and Planning Commission's Recommendation From: "B -3" To: "B -4" Ordinance No.: E. ,ice_. 1LOCAnON MAP!, itit A 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/12/09 AGENDA ITEM: Motion directing staff to publish the required notice, under Chapter 402 of the Texas Local Government Code, of a public hearing to consider adoption of an ordinance to establish a storm water utility rate and setting a public hearing to be held at the Tuesday, June 16, 2009 Meeting of the Corpus Christi City Council. ISSUE: In order to meet statutorily required timing constraints for implementation in FY10, a Motion establishing the date of the Public Hearing on the Ordinance Establishing a Storm Water Utility Rate as June 16, 2009 must be approved. The publishing of notices regarding the Public Hearing requires inclusion of the Draft Ordinance. REQUIRED COUNCIL ACTION: Motion directing staff to publish the required notice, under Chapter 402 of the Texas Local Government Code, of a public hearing to consider adoption of an ordinance to establish a storm water utility rate, and setting a public hearing to be held at the Tuesday, June 16, 2009 Meeting of the Corpus Christi City Council. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU -based rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, staff presented to Council approved a Resolution regarding various policy recommendations. On May 13, 2008 Council approved an Ordinance creating a separate Storm Water Utility and directed staff to move forward with an impervious cover -based rate design for implementation in Fiscal 2009 -2010. CONCLUSION D RECOMMENDATION: Sta recorm}end t ity i ouncil approval of the Motion as presented. WL� e H. Gray, Di • tor of Storm Water Operations Attachments: Background Information Draft Ordinance Creating Storm Water Utility Rate —617— BACKGROUND INFORMATION On May 13, 2008, City Council approved the Second Reading establishing a Storm Water Utility. At that time, Council directed staff to move forward with a true impervious cover rate design to be implemented August 1, 2009. In June 2008, the City contracted with HDR Engineering, Inc. to perform the impervious cover calculation and develop a rate model. Sanbom Mapping Co. was subcontracted and the digital aerial photography was flown in July and August, 2008. Impervious cover calculations by parcel were delivered to HDR at the end of January 2009. Since that time, HDR has worked on integrating the aerial photography with the City's GIS data base as well as its HTE billing and land file information in order to develop the impervious cover -based rate and billing capabilities. Before the rate and charges for a storm water utility can be implemented, an ordinance establishing those charges must be approved. Chapter 402, Texas Local Government Code, requires that, before adopting the ordinance establishing storm water utility charges, a Public Hearing must be held. The City must give notice of the hearing in the manner provided by Chapter 402, Subsection (C). Subsection (C) requires the City to publish notice three times before the date of the hearing. The first publication must occur on or before the 30th day before the date of the hearing. In addition, a schedule of the drainage charges must be included in the publication. In order for the City to stay on track for an August 1, 2009 implementation, the public hearing date for the proposed ordinance establishing the storm water utility charge must occur no later than June 16, 2009. Staff is requesting that Council approve a motion directing staff to publish notice of a public hearing to be held at the City Council meeting of Tuesday, June 16, 2009. —618— ORDINANCE ESTABLISHING A STORM WATER UTILITY CHARGE; ESTABLISHING THAT THE MONTHLY STORM WATER UTILITY CHARGE FOR ELIGIBLE PROPERTIES SHALL BE SET BY ORDINANCE AND SHALL BE KNOWN AS THE ERU CHARGE; REQUIRING THAT EACH MONTH, THE ACCOUNT HOLDER OF EACH ELIGIBLE PROPERTY SHALL PAY TO THE CITY AN AMOUNT EQUAL TO $10.75 PER ERU; DECLARING THAT THE STORM WATER UTILITY CHARGES SHALL BE ADMINISTERED IN ACCORDANCE WITH THE CORPUS CHRISTI STORM WATER POLICY MANUAL. WHEREAS, by Resolution No. 027545 the Corpus Christi City Council has made certain findings in accordance with Section 402.045(b) of the Municipal Drainage Utility Systems Act (the "Act "), Subchapter "C" of Chapter 402, Texas Local Government Code; and WHEREAS, the Council finds that notice has been given, and hearings held in accordance with Section 402.045(c) of the Act; and WHEREAS, the Council has declared the storm water utility of the City of Corpus Christi was declared to be a public utility by Ordinance No. 027699, passed on the 13th day of May, 2008, and existing facilities were incorporated in the storm water utility as permitted by Section 402.046 of the Act; and WHEREAS, the Council finds that it is equitable to assess the storm water utility charge based on measured impervious cover; and WHEREAS, the City of Corpus Christi will establish, administer, and enforce rules appropriate to operate the storm water utility system in the Corpus Christi Storm Water Policy Manual; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. STORM WATER UTILITY CHARGE ESTABLISHED. A storm water utility charge is established. SECTION 2. STORM WATER UTILITY FUND ESTABLISHED. A separate fund shall be created, effective as of the effective date of this chapter, known as the Storm Water Utility Fund, for the purpose of identifying and controlling all revenues and expenses attributable to the storm water utility. All storm water utility charges collected by the City, after the effective date of this chapter, and other monies City Council may wish to designate for this fund, shall be deposited in the Storm Water Utility Fund. SECTION 3. BILLING. The storm water utility charge shall be identified as a separate line item on the monthly utility bill from the City. Bills become due in accordance with Section 55 -26 of this Code. ORD Establishing Storm Water Utility Rate - 071409 1st.RedCling, 072109 2nd Reading SECTION 4. FINDINGS RELATED TO CALCULATION OF THE STORM WATER UTILITY CHARGE. The storm water utility charge is assessed based on impervious cover, assuming impervious cover of 3,600 square feet per Equivalent Residential Unit (ERU) charge. SECTION 5. MONTHLY STORM WATER UTILITY CHARGE FOR ELIGIBLE PROPERTIES. (A) The monthly storm water utility charge per ERU shall be set by ordinance and shall be known as the ERU charge. (B) Each month, the account holder of each eligible property shall pay to the City an amount equal to $10.75 per ERU charge. SECTION 6. DEFINITIONS. In this ordinance: (1) "Eligible property" means benefitted property that is not exempted under this Code. (2) Words not defined herein shall have those meanings prescribed in the Corpus Christi Storm Water Policy Manual. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROV,EDD AS TOFpM: 04 -M By: \' l" OF Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor ORD Establishing Storm Water Utility Rate - 071409 16t.Rpatling, 072109 2nd Reading 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12. 2009 AGENDA ITEM: Resolution relating to establishing the City's intentions to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for costs associated with Holly Road Street Improvements; authorizing matters incident and related thereto; and providing an effective date. ISSUE: The City of Corpus Christi expects to reimburse itself for certain prior capital expenditures in connection with the street maintenance for Holly Road. A reimbursement resolution is required in order to receive reimbursement for preliminary capital expenditures paid or incurred by the City and associated with these projects prior to the issuance of the City's certificates of obligation. The reimbursement resolution is authorized pursuant to Section 1201.042, as amended, Texas Government Code and the Internal Revenue Code of 1986, as amended. REQUIRED COUNCIL ACTION: Approval of the resolution expressing official intent to reimburse the costs noted above. FUTURE COUNCIL ACTION: • May 19, 2009 — Ordinance approving financing team for the certificates of obligation • May 19, 2009 — Notice of Intention Resolution relating to the certificates of obligation • June 23, 2009 — Ordinance providing for the issuance of certificates of obligation, in an aggregate principal amount not to exceed $10,000,000; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. Attachments: Background Information Resolution —623— t �E Y _< Constance P. Sanchez Interim Director of Financial Services BACKGROUND INFORMATION On August 28, 2008, seal coat was placed on six miles of a five -lane roadway on Holly Road from Rodd Field Road to Ayers Street in an effort to maintain the integrity of the pavement structure. Since that time, issues have arisen relating to the unraveling of the aggregate from the pavement and from the noise levels caused by the seal coat. On April 10, 2009, Traffic Engineering, the Construction Division of Engineering Services, and the Street Department requested the contractor replace or re -shoot the portions of Holly Road that have been identified as needing repair with a smaller grade of aggregate as part of the warranty for quality of work performed. To date, the City has not heard back from the contractor. The proposed work noted above will not address the "noise" issue associated with a seal coat. There is consideration to overlay Holly Road with type D Hot Mix Asphalt Concrete pavements (HMAC) as part of a mill and overlay project. As a result of this HMAC layer, the finished paved surface would provide a smooth ride quality and reduce the roadway noise levels while maintaining the existing pavement structure integrity. The estimated construction cost to overlay the six miles of Holly Road is $3,000,000. The funding for this project would be from certificates of obligation that the City would be issuing before the end of the fiscal year. Therefore, in order to begin awarding contracts for this project, a reimbursement resolution is needed so that the City can reimburse itself for these expenditures from the proceeds of obligations to be issued by the City in the future. The reimbursement resolution is authorized pursuant to Section 1201.042, as amended, Texas Government Code and the Internal Revenue Code of 1986, as amended. Approval of this resolution would enable City staff to proceed with the issuance of certificates of obligation to fund this project. An agenda item will be presented at the May 19, 2009 City Council meeting requesting approval of a resolution to publish a notice of intent for the certificates of obligation. Subsequently on June 23, 2009, approval of an ordinance will be requested providing for the issuance of the certificates of obligation; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. —624— RESOLUTION NO. Page 1 of 3 RELATING TO ESTABLISHING THE CITY'S INTENTIONS TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR COSTS ASSOCIATED WITH HOLLY ROAD STREET IMPROVEMENTS; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with constructing Holly Road street improvements (including mobilization, limited milling, application of tack coat, asphalt overlay from the toe of the gutter, manhole adjustment, and striping), the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs, and the payment of various administrative costs, including the fees of bond counsel, financial advisor, other professionals, project manager, and printing costs (the Administrative Costs) [the Construction Costs, Engineering Costs, the Architectural Costs, and Administrative Costs collectively constitute costs -of the project (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures is paid), for the prior lawful capital expenditure of funds from the proceeds of the Issuer's "Combination Tax and Limited Pledge Certificates of Obligation, Series 2009" (the Obligations) that the Issuer currently contemplates issuing in an approximate amount of $10,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and —625 - H \LEG- DIR \Lisa\2009 Resolutions Reimburse CO's Resolution_5- 12- 09 _I.doc Page 2 of 3 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -1 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) with respect to the Project from the Issuer's General Fund. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issue of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursement expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general Federal income tax principles. SECTION 4: The Issuer intends to otherwise comply with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.248 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. -626- Page 3 of 3 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED, ADOPTED AND APPROVED on this the 12th day of May, 2009. CITY OF CORPUS CHRISTI, TEXAS Henry Garrett, Mayor ATTEST: Armando Chapa, City Secretary (CITY SEAL) Approved as to form: May 4, 2009 p Lisa Ag ,iF,T , Assistant City Attorney —627 - H: \LEG- DIR \Lisa\2009 Resolutions \Reimburse CO's Resolution_5- 12 -09_1.doc 31 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and S &G Marina, L.L.C., for construction and operation of a dry rack boat storage facility and authorizing the City Manager, or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the S &G Marina L.L.C., business incentive agreement. ISSUE: To assist in the attraction of long -term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to S &G Marina, L.L.C., for the creation of 18 new full -time permanent jobs in Corpus Christi and a capital investment of approximately $13.5 million. 62C-o rtie-cyd Irma Caballero Director of Economic Development -631- BACKGROUND INFORMATION Bluff Bay Marina, L.L.C. (Marina) is being developed as a full - service dry storage boat facility in South Corpus Christi. The facility will include a dry rack storage building with at least 86,000 square feet and over 600 boat slips, a ship store, maintenance shop, fuel docks, and a caretaker residence Currently, there is only one other full- service dry storage facility in the Corpus Christi area and vicinity. This facility is located north of Corpus Christi near Rockport, Texas. Until recently, the Aransas Pass, Rockport area, was the only convenient access to the Gulf. However, a deep cut channel has recently been constructed near the south of Corpus Christi Bay through North Padre Island. This new access point, Packery Channel, offers a more convenient path to the Gulf for boaters. The Marina facility will be located less than 10 minutes by boat from this desirable channel, being the closest marina and storage facility to the Packery Channel. In 2006, 2.5 million state and non —state residents fished in Texas combining for a remarkable 41.1 million days of fishing. Texas alone generates more than $3.3 billion in retail sales relating to fishing apparel and equipment. This equates to Texas' having 7.3% market share of the entire retail fishing markets in the United States, making it the second largest market in the country (Florida being the first). The overall U.S. fishing market has seen declines in fishing expenditure and fishing days however, Texas has not been part of that trend. From 2001 -2006 state wide expenditures on fishing increased 60% in Texas; the aggregate number of fishing days increased 25 %. In 2006, the recreational fishing industry contributed more than $300 million in state and local tax revenues. Analysis submitted by the Marina suggests that the boating and fishing market in Texas is a recession resistant industry. Texas has proven to be a much stronger market, historically. For example, 59% of all anglers have a median income greater than $50,000 per year. A useful data source is state collected fishing license revenue. This gauges how much fishing participation is increasing (or decreasing) over a time period. The Marina took the time periods spanning the last three U.S. recessions and measured the Texas state license revenue during these recessionary periods. The table below summarizes 30 years of economic data in the state of Texas relating to state revenue from fishing licenses and permits. This is an indicator of individual participation in recreational fishing. Cumulative Revenue Growth 1979 —1981 1990 —1992 2000 - 2002 7.9% 42.5% 4.8% —632— The construction and operation of a dry rack boat storage facility will result in a minimum investment of approximately $13.5 million. The Marina proposes to create 18 full -time jobs within the first two years of operation with a projected gross payroll for 2009 of $400,000, increasing to $822,000 by the year 2013. The Marina will also provide health and retirement benefits to their employees. Marina shall create and maintain the following new, full -time jobs, at or above the listed annual salary, within the City: Year # of New FT Jobs Total FT Jobs Average Annual Salary 2009 5 5 $39,152 2010 13 18 $40,555 2011 0 18 $42,222 2012 0 18 $43,888 2013 0 18 $45,666 The Corpus Christi Business and Job Development Corporation (4A Board), approved an incentive award of $300,000 to be paid over a five year period at $60,000 per year for the minimum capital investment of $13.5 million and the creation of 18 full -time permanent jobs in Corpus Christi. —633— Page 1 of 3 A RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND S & G MARINA, L.L.C., FOR CONSTRUCTION AND OPERATION OF A DRY RACK BOAT STORAGE FACILITY AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE S & G MARINA, L.L.C., BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted funds to assist business in Corpus Christi, Texas. WHEREAS, in 2007, the 4A Board requested proposals and determined that the proposal from S & G Marina, L.L.C., ( "Marina "), best provided assistance for business support; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive project support agreement; and WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and administration of the business incentive agreement with Marina for construction and operation of a dry rack boat storage facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for construction and operation of a dry rack boat storage facility for businesses between the 4A Board and Marina, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and 4A Board for the implementation and administration of the business incentive agreement with Marina for construction and operation of a dry rack boat storage facility, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor e 116,34 nang9nn9 rit Page 2 of 3 APPROVED as to form: May 4, 2009 R. J e' ing Fi t As stant Cif$1 Attorney For the City Attorney RESOLUTION -- Bluff Bay Marina Business Incentive AgreemGent u4022009 Page 3 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —636 — o.,.. ���.;..� r,,,dnac� Innantiva Anraamant 04022009 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND S & G MARINA, L.L.C., FOR CONSTRUCTION AND OPERATION OF A DRY RACK BOAT STORAGE PROJECT This Business Incentive Agreement for ( "Agreement') is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and S & G Marina, L.L.C., a Texas domestic limited liability company, doing business as Bluff Bay Marina ( "Marina "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, now codified as Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Marina is a Texas domestic limited liability company whose principal mission is to construction and operation of a dry rack boat storage project, which will include a dry rack storage building of at least 86,000 square feet, with over 600 boat slips; a ship store; maintenance shop; fuel docks; and caretaker residence; Page 1 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT = 6.802009 C..LL::L WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Marina, through this contract with Marina, to be used by Marina to construction and operation of a dry rack boat storage project, and which will result in creation of 18 new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Marina agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years from July 1, 2009, through June 30, 2014. 3. Performance Requirements and Grants. a. Marina shall construct and operate a dry rack boat storage facility that includes a dry rack storage building with at least 86,000 square feet and over 600 boat slips; a ship store; maintenance shop; fuel docks; and caretaker residence. b. Marina shall expend at least $13,500,000.00 on the construction and outfitting or the dry boat storage facility during 2009. c. Marina shall maintain its administration, marketing, sales, and vessel servicing headquarters in Corpus Christi. d. Marina shall create and maintain the following new, full -time jobs, at or above the listed annual salary, within the City: Year Number of New Total Full- Average Annual Full -Time Jobs Time Jobs Salary 2009 5 5 $39,152.00 2010 13 18 40,555.00 2011 0 18 42,222.00 2012 0 18 43,888.00 2013 0 18 45,666.00 e. At least 70% or more of the Marina's sales must be from outside the 50 mile radius of the dry boat storage facility. Page 2 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT6.31302009 f. The Corporation will award a grant of $60,000.00 per year for up to five years, if Marina constructs and operates the dry rack boat storage facility and creates and maintains the jobs at or above the average salary specified in subsection d of this section during each designated calendar year. The total grants under this agreement may not exceed a cumulative total of $300,000. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Marina agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. Marina agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. e. Marina shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. a. Marina agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Marina warrants and represents to Corporation the following: a. Marina is a Texas domestic limited liability company duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Marina has the authority to enter into and perform, and will perform, the terms of this Agreement. Page 3 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT =OC9 c. Marina has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Marina has received copies of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes; Chapters 501, 502, 504, and 505, Texas Local Government Code, relating to Type A and B Development Corporations; and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, Marina agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of Marina are duly authorized to execute this Agreement on behalf of Marina. 7. Compliance with Laws. Marina shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Marina covenants and agrees that Marina will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Marina are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Marina are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Marina may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. Marina covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, Page 4 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENL f 402009 loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Marina activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. Marina must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Marina to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of Marina contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Marina or any attachment or other levy against the property of Marina with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Marina makes an assignment for the benefit of creditors. e. Marina files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Marina become delinquent, and Marina fails to timely and properly follow the legal procedures for protest or contest. g. Marina changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Marina is in default according to the terms of this Agreement, the Corporation or City shall notify Marina in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Marina to cure the event of default. Page 5 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT - 540009 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Marina, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Marina shall immediately repay all funds paid by Corporation under this Agreement. b. Marina shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Marina under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Marina' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Marina is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Limitation on Corporations Liability. a. Marina specifically agrees that Corporation shall only be liable to Marina for the actual amount of the money grants to be conveyed to Marina, and shall not be liable to Marina for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Page 6 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT 64492009 b. Payment by Corporation is strictly limited to funds allocated, budgeted, and collected solely during the grant term of this agreement, being July 1, 2009, through June 30, 2014. c. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. d. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. e. In this event, Corporation will provide all supporting documentation, as requested. f. Payments to be made shall also require a written request from Marina to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Marina: S & G Marina, L.L.C. 101 Skipper Lane Corpus Christi, TX 78418 Attn: Steven W. Smith Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 Page 7 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT =63403009 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Marina will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or Page 8 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT 6014) 0D9 provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Marina. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to [what survives] shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest: By: Armando Chapa Assistant Secretary Page 9 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT -6435009 S & G Marina, L.L.C. By: eel David A. Grainger Manager Date: - 5/x/07 THE STATE OF TEXAS- AAA -sal COUNTY OF NUECES Cal 5 WK tC This instrument was acknowledged before me on J� / , 200, by David A. Grainger as Manager, S & G Marina, L.L.C., a Texas domestic limited liability company, on behalf of the company. otary Publi tate of Toms sµs CINDY ROTH Notary Public - state of Kansas My Appt. Expires i Page 10 of 10 BLUFF BAY MARINA BUSINESS INCENTIVE AGREEMENT -64 009 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, S & G Marina, L.L.C., has submitted a proposal to the Corporation for $300,000.00 grant for the creation of 18 new jobs related to the operation of a dry rack boat storage facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the S & G Marina, L.L.C.'s construction and operation of a dry rack boat storage facility; and WHEREAS, the Corporation and S & G Marina, L.L.C., have executed a business incentive project agreement for an construction and operation of a dry rack boat storage facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: Page 1 of 3 Bluff Bay Marina Project Support Agreement 4A -City 04022 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement for an construction and operation of a dry rack boat storage facility between the Corporation and S & G Marina, L.L.C., ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or �A� Page 2 of 3 02 Bluff Bay Marina Project Support Agreement 4A -City 04 unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar Interim City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: May 4, 2009. R. y R tning First Assistant City Attorney for City Attorney � � Page 3 of 3 Bluff Bay Marina Project Support Agreement 4A-City 040 SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MAY 12, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: CONSENT AGENDA 24.1. Ordinance amending Code of Ordinances, Chapter 39, Personnel, Article I I I Employee Compensation and Classification System, to add Health District Pay Plan HTH, providing retroactive effective date of May 11, 2009; repealing all other ordinances in conflict with this ordinance. K. REGULAR AGENDA 31.1. Motion authorizing the City Manager to execute a Chapter 380 Financing Agreement with Parkdale Shopping Center (Developer) to authorize the reimbursement of a 70% of increased sale and ad valorem tax revenues to offset the costs of some of the required infrastructure improvements forthe redevelopment of portions of the Parkdale Shopping Center Staples, with at least 50,000 square feet of retail center improvements. (Requires 2/3 Vote) 31.2. Ordinance amending the Code of Ordinances, Ciiy of Corpus Christi, Chapter 2, regarding conflicts of interest; and providing for publication. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~; DO a.m. / p.m ,May 8, 2009. /~ Armando Chapa Ciry Secretary Related to Item 24.1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/12/09 AGENDA ITEM: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO ADD HEALTH DISTRICT PAY PLAN HTH, PROVIDING RETROACTIVE EFFECTIVE DATE OF MAY 11, 2009; REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. ISSUE: The City's Personnel Ordinance needs to be revised to include the new Pay Plan HTH applicable to positions under the Public Health District, excluding Animal Care Services and Vector Control. PREVIOUS COUNCIL ACTION: On April 21, 2009, the City Council approved a Resolution approving the Reformed Cooperative Agreement with Nueces County to form and operate a Public Health District; authorizing the City Manager or his designee to execute the reformed agreement; and authorizing the City Manager or his designee to implement all additional measures required by the City underthe reformed agreement. Creating Pay Plan HTH forthe City positions working at the Public Health District was part of this agreement. CONCLUSION AND STAFF RECOMMENDATION: Staff recommends approval in orderthat the Pay Plan HTH may be added to the City's Personnel Ordinance. Cam- ~ - Cyntf is C. Garcia, Director of Human Resources Department Page 3 of 4 BACKGROUND INFORMATION In January 2008, at the direction of the City Manager, Human Resources Department staff began conducted a comparison of City jobs in the Health Department to County jobs assigned at the Health Department, and to compare benefit and policy provisions for the two groups. Responsive data was provided to the City Manager. On September 9, 2008, former City Manager, Skip Noe, presented a Resolution before Council authorizing the City Manager or designee to execute a memorandum of Understanding with Nueces County to develop and present a plan for administrative changes within the City -County Health District. The Resolution was approved by Council. On September 11, 2008, a similar resolution was approved by the Nueces County Commissioners Court. On September 29, 2008, City and County staff representing Finance, Health, Human Resources, and Legal Departments began work on the project to fulfill the terms of the Memorandum of Understanding. On April 16, 2009, the Nueces County Commissioners Court approved the Reformation of the Cooperative Agreement to Operate a Public Health District with the City of Corpus Christi, and related matters. On April 21, 2009, the City Council approved the Resolution approving the Reformed Cooperative Agreement with Nueces County to form and operate a Public health District; authorizing the City Manager or his designee to execute the reformed agreement; and authorizing the City Manager or his designee to implement all additional measures required by the City under the reformed agreement. Page 4 of 4 Page 1 of 4 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO ADD HEALTH DISTRICT PAY PLAN HTH, PROVIDING RETROACTIVE EFFECTIVE DATE OF MAY 11, 2009; REPEALING ALL OTHER ORDINANCES IN CONFLICT .WITH THIS ORDINANCE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. Whereas, on April 21, 2009, the City Council approved a Resolution approving the Reformed Cooperative Agreement with Nueces County to form and operate a Public Health District; authorizing the City Manager or his designee to execute the reformed agreement; and authorizing the City Manager or his designee to implement all additional measures required by the City under the reformed agreement; and Whereas, new Pay Plan HTH Health District was part of this agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303, is amended to read as follows: Sec. 39-303. Standard classifications, pay grades, and ranges. (a) Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Skill-Based Pay (ELBA Overtime Eligible); Pay Plan 200 Temporary (ELBA Overtime Eligible); Pay Plan 300 Police and Fire Managerial (Salaries not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 Executives (ELBA Overtime Ineligible); Pay Plan 500(a) Legal (ELBA Overtime Ineligible); Pay Plan 500(b) Legal (ELBA Overtime Eligible); Pay Plan 600 Exempt (ELBA Overtime Ineligible); Pay Plan 700 Information Technology (ELBA Overtime Eligible); Pay Plan 800 Information Technology (ELBA Overtime Ineligible); Pay Plan 900 Non-Exempt (ELBA Overtime Eligible); Pay Plan 1000 Engineers/Engineering Services (ELBA Overtime Ineligible); Pay Plan HTH Health District (ELBA Overtime Eligible/ELBA Overtime Ineligible). (m) Pay Plan HTH. Pay Plan HTH will include positions in the Health District. excluding Animal Care Services and Vector Control. These positions may be designated as either exempt from overtime under the FLSA, or as non-exempt and eligible for overtime under the FLSA. The pav grades and ranges for positions in Pay Plan HTH are as follows: Page 2 of 4 HEALTH DISTRICT PAY PLAN" Pav Plan HTH Health District H10-49 Non-Exempt (ELBA Overtime Eligible) H50-99 Exempt (ELBA Overtime Ineligible) Effective 5/11/2009 .~~`~ ~~~-~~ ~~.~l.'~~~~ iii''-f ') ~ .. s~~ ~ H11 17 066 22 743 28 420 H12 18,432 23.936 29.440 H13 19,998 25.970 31,942 H14 21.797 28,307 34,817 H15 23,867 30,995 38.124 H16 26,254 34.096- 41.938 H17 29,011 37,675 46.340 H18 31.728 41,583 51,438 H52 28.144 38,527 48,909 H53 30.536 41,802 53,066 H54 33,286 45,565 57,844 H55 36,448 49,894 63,340 H56 40.093 54,853 69,613 H57 44.305 60.648 76,991 H58 49,177 67,320 85,461 'This pav plan excludes positions in Animal Care Services and Vector Control. SECTION 2. All ordinances, rules, or parts of ordinances or rules in conflict herewith are hereby repealed. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 3 of 4 SECTION 4. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency May 12, 2009, with retroactive effective date of May 11, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Ciry Secretary Mayor APPROVED AS TO FORM , 2009 . ,~ t~~ Jennifer A. Knox-Walker Assistant City Attorney for City Attorney Page 4 of 4 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Council Members Respectfully, Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Related to Item 31.1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 12, 2009 AGENDA ITEM: Motion authorizing the City Manager to execute a Chapter 380 Financing Agreement with Parkdale Shopping Center (Developer) to authorize the reimbursement of a 70% of increased sale and ad valorem tax revenues to offset the costs of some of the required infrastructure improvements for the redevelopment of portions of the Parkdale Shopping Center Staples, with at least 50,000 square feet of retail center improvements. ISSUE: To assist in the elimination of a blighted area through the attraction oftong-term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Chapter 380 Financing Agreement with Parkdale Shopping Center for the redevelopment of a portion of Parkdale Plaza. c %~,~~ ~~~-d.,L~a Irma Caballero Director of Economic Development BACKGROUND INFORMATION Background On September 5, 2008, the City of Corpus Christi received an application for Tax Incentives for Large Retail/Mixed Use Development and/or Redevelopment from Richard Runde, President of Capital Area Retail Development, Inc. for the redevelopment of portions of Parkdale Plaza located at 4101 Staples Drive. The planned redevelopment of an existing deteriorated retail center sits on a 28.6 acre site. This blighted area has suffered numerous code enforcement issues and been a concern for neighbors who have expressed a strong interest in the redevelopment of this area. The center will be demolished to include a proposed Supercenter on approximately 18.9 acres. The application specifically excludes all property, development costs, and projected tax revenues associated with the Superstore Development for that area. The objective of this project is to redevelop the remaining 10.2 acres. This property will be subdivided into seven parcels for retail development that will better serve the community. Timeline The developer plans to open the project in April 2011. The development will include at least 50,000 square feet of new retail space, landscaping, and traffic circulation improvements in the Parkdale Plaza area. The Developer anticipates providing new and expanded facilities for some existing tenants and attracting new tenants to the project, including a restaurant. The requested incentive of $1,600,000 is reimbursement for a portion of the estimated $1,900,000 in total infrastructure development costs incurred in connection with demolition of the existing structures, replatting and improving Carmel Parkway. This amount will be paid through the sharing of 70% of the new sales and property taxes generated by this portion of the new development, which specifically excludes the proposed Supercenter. Tax Revenue Proiections The developer contracted with Spillette Consulting and CDS Market Research who developed and Economic Impact Study which included draft projections of tax revenues that could fund a Chapter 380 economic development agreement between the City of Corpus Christi and Parkdale Shopping Center. The assessed value for the proposed center has been estimated using information obtained from the developer, the Nueces County Appraisal District, and comparable shopping centers in the immediate area. The following table summarizes the revenue and reimbursement projections. Reimbursements are projected based on a 70% share of incremental property and sales taxes that pays off the beginning reimbursement balance of $1,600,000 over time. The reimbursement balance is projected for payoff in 2024. Projected Incremental Tax Revenues and Chapter 380 Payments -• _, 2011 •.. 14,152 .- 40,450 .. -54,603 38,222 38,222 1,600,000 2012 26,246 72,094 98,340 68,838 107,060 1,561,778 2013 28,622 122,648 151,270 105,889 212,948 ],492,940 2014 29,551 136,086 165,637 115,946 328,894 1,387,052 2015 29,551 139,802 169,353 118,547 447,442 1,271,106 2016 29,551 143,592 173,143 121,200 568,642 1,152,558 2017 29,551 147,458 177,009 123,906 ~ 692,548 1,031,358 2018 29,551 151,401 180,952 126,667 819,215 907,452 2019 29,551 155,423 184,974 129,482 948,697 780,785 2020 29,551 159,526 189,077 132,354. 1,081,051 651,303 2021 29,55] 163,711 193,262 135,283 1,216,334 518,949 2022 29,551 167,979 197,530 138,27] 1,354,605 383,666 2023 29,551 172,332 201,884 141,318 1,495,924 245,395 2024 29,551 176,773 206,324 104,076 1,600,000 104,076 2025 29,551 181,303 210,854 1,600,000 - ~ Assumes 2.0% annual inflation starting 2011. 2 Beginning of year balance. The City will retain approximately $1 million of the incremental revenue generated during this time period from taxes on real property and retail sales. The City's 2008 property tax rate ($0.563846 per $100 assessed value) was applied to the projected incremental values to arrive at the projected property tax revenues that could be contributed to the Chapter 380 agreement. The proposed tax revenue generation will assume a 2% inflation beginning in 2011. Projected Incremental Prooertv Tax Revenues 2009 2010 2011 2012 2013 2014 Captured Tax revenue -real property $ 5,783 $ 5,783 $ 14,152 $ 26,246 $ 28,622 $ 29,551 Cumulative $ 5,783 $ 5,783 $ 19,935 $ 46,181 $ 74,803 $104,354 The projected total incremental sales tax generation is assumed to be approximately $1.95 million through 2024. Projected Incremental Sales Tax Revenues 2009 2010. 2011 2012 2013 2014 Sales tax $ - revenue $ - $ 40,450 $ 72,094 $ 122,648 $136,086 $ - Cumulative $ - $ 40,450 $112,544 $ 235,192 $ 371,278 Projections show continuation of the revenues as above with a projected payout in 2024. The maximum term of the Agreement is 25 years. The following is an outline of the basic structure of the project: $1,900,000 in project infrastructure costs have been identified, including costs of demolition and redevelopment of the site. Of that amount, reimbursement of $1,600,000 is requested through the 380 Agreement, The Developer will have to show the City actual cost detail of at least the $1,600,000 in order to get reimbursement of the actual dollars spent. • The total capital investment is approximately $10 million • The Developer will retain 30 full-time jobs and add 120 newly-created full-time jobs no later than twelve months following completion of the project. • The project is required to have the attached Fair Share Agreement with a 50% commitment for local contractors and 30% DBE (Disadvantaged Business Enterprises) commitment. The Developer has retained the use of a local general contractor and anticipates exceeding these requirements. • Reimbursement to the Developer will be through a rebate of 70% of the new sales taxes and property taxes generated by the Project (excluding the proposed Supercenter). Rebates will not exceed the City's $1,600,000 commitment. • The base value for property taxes and sales taxes currently being generated by Parkdale Piaza is: - Property Tax: $1,926,583 - Sales Tax: $51,242. Any "relocations" (same definitions as used in prior large retail agreements) will be excluded from the rebate incentive, subject to a maximum of 20% of floor space; the City's Large Retail Incentive Policy states relocations must not exceed 30% of floor space. The City agrees to waive all platting, building and technical permit fees incurred by the Developer or by parties acting on the Developer's behalf in connection with the replatting of the property and the construction of the project. MEMORANDUM TO: Richard Runde, QuickCo Irma Caballero, City of Corpus Christi John Bell, Wood, Boykin & Wolter, P.C. FROM: Steve Spillette, CDS ~ Spillette Brenda Persons, CDS ~ Spillette CC: Charlie Savino, CDS ~ Spillette DATE: May 8, 2009 CDS SPILLETTE~I' RE: Parkdale Plaza economic impact and tax revenue projections CDS ~ Spillette has prepared preliminary projections of the economic impact of the proposed Parkdale Shopping Center project and the tax revenues that could fund a . Chapter 380 economic development agreement between the City of Corpus Christi and Parkdale Plaza. We have analyzed the anticipated retail sales activity and projected two sources of future tax revenues to be increased by redevelopment of the property: property taxes on real property and sales taxes on taxable retail sales. For each category, we calculated the projected increment in taxes over the estimated existing tax base on the site. The proposed Supercenter development was not included in the analysis. In addition to the above economic impact, the City will receive additional property taxes on business personal property which, since they are not covered by the 380 economic development agreement, will flow directly to the City. Further, the City also will receive 100% of the sales and use taxes levied for crime control and prevention or pursuant to Sections 4A or 4B of the Development Corporation Act, and utilities revenues and other fees. Revitalization of this shopping area will generate new retail sales activity and provide a positive economic impact for the community. The following figures show the current sales activity and initial projections: Year Current 2011 Retail $ $ Sales 4,970,337 9,015,354 2012 2013 2014 $11,940,875 $16,565,875 $17,507,375 Table 1 on the following page summarizes the revenue and reimbursement projections. Reimbursements are projected based on a 70% share of incremental real property and sales taxes that pays off the beginning reimbursement balance of $1,600,000 over time. No incremental revenues were projected in 2010. It should be noted that for property taxes, the yearly amounts in the table represent the tax year; actual revenues would 1250 Wood Branch Park Drive, Suite 100 Houston, Texas 77079 CDS Market Research Phone 713.465.8866 KDUSSaIr@cdsmr.com Spillette Consulting Phone 281.582.0847 Stevespillette@hotmail.com ~y CDS Y y SPILLET'TE~' not be available until the following calendar year when taxes are collected. The reimbursement balance is projected for payoff from 2024 taxes. The City will retain approximately $1 million of the incremental revenue generated during this period from taxes on real property and retail sales. 1250 Wood Branch Park Drive, Sulte 100 Houston, Texas 77079 CDS Market Research Phone 713.465.8866 KDussair@cdsmr.com Spillette Consulting Phone 281.582.0647 Stevespillette@hotmall.com May 8, 2009 Parkdale Plaza Economic Projections Table 1 Projected Incremental Tax Revenues and Chapter 380 Payments 2011 14,152 40,450 54,603 38,222 38,222 1,600,000 2012 26,246 72,094 98,340 68,838 107,060 1,561,778 2013 28622 122,648 151,270 105,889 212,948 1,492,940 2014 29,551 136,086 165,637 115,946 328,894 1,387,052 2015 29,551 139,802 169,353 118,547 447,442 1,271,106 2016 29,551 '143,592 173,143 121,200 568,642 1,152,558 '' 2017 29,551 147,458 177,009 123,906 692,548 1,031,358 2018 29,551 151,401 180,952 126,667 819,215 907,452 2019 29,551 155,423 184,974 129,482 948,697 780,785 2020 29,551 159,526 189,077 132,354 1,081,051 651,303 2021 29,551 163,711 193,262 135,283 1,216,334 518,949 2022 29,551 167,979 197,530 138,271 1,354,605 383,666 2023 29,551 172,332 201,884 141,318 1,495,924 245,395 2024 29,551 176,773 206,324 104,076 1,600,000 104,076 2025 29,551 181,303 210,854 - 1,600,000 ~ Assumes 2.0%annual inflation starting 2011. s Beginning of year balance. Background Parkdale Plaza located at 4101 Staples Drive in Corpus Christi is a planned redevelopment of an existing deteriorated retail center on a 28.6 acre site. The center will be demolished. A proposed Supercenter developer is purchasing approximately 18.9 acres (including Lots 2 and 4) and plans to construct a 203,000 sq.ft. Supercenter on the property. The existing cleaners located on the corner parcel (Lot 1, 0.532 acres) is not included in the redevelopment or sale. The remaining 10.2 acres will be subdivided into seven parcels (ground leases). The existing Wendy's (Lot 8) and Guitar Center (Lot 9) will remain. The other pad sites (lots 3, 5, 6, and 7) will be developed for other uses such as a bank, auto- parts store, full service restaurant, and fast food CDS ~ Spillette Page 2 May 8, 2009 Parkdale Plaza Economic Projections restaurant respectively. Lot 10 will be developed with a 42,000 sq.ft. shopping center. The existing pawn shop may be relocated into this new in-line space. Figure 1 outlines the site plan for the development. The developer plans to open the project in April 2011 coinciding with the proposed Supercenter. At that time the developer is projected to have most of the other retail outlets described above leased. The following two years additional food service outlets are anticipated to be completed. The center is expected to lease up at a rate of 12.5% of in-line space each 6 months period after construction is completed in April of 2011. CDS I Spillette Page 3 May 8, 2009 Parkdale Plaza Economic Projections Figure 1 Planned Redevelopment Site Layout ~F... ~7is 1't -. .... _. ;;_ •- Lof __'" -Inf Imp Inr . -nl ,: ~s ..p In1 ~ .1 S i~~tn L ~ ~P I ~ :._ A n t 1 .: i~~l ,= ~I~ ~ ~ ~~ ~, ~ IJ ~ r a~ ' :` ~j/ ~: , ~ t ~ ' /~ I 1 v = i i , , /~. ,~ t--L "in- ,y//moo ~/ c ? ', /r• ~~ / A•101 Property Value Projection The land (28.6 acres including Wendy's) is currently valued by the appraisal district at $2.01 /sq.ft. with Guitar Center valued at $5.00/sq.ft. (NE corner of S. Staples and Gollihar at signal). Comparable shopping centers within a 3 mile radius range from $3.00/sq.ft. to $4.55/sq.ft. Given the recent Wal-Mart sale and the site being reduced from 28 acres to 10 acres, the land is expected to increase in value significantly. We have estimated the pad sites at $6.00/sq.ft., Guitar Center at $7.00/sq.ft. and the center site at $4.50/sq.ft.. Estimates are based on current land sales and comparable land values with similar square footage and location within the immediate area. The improvements are currently valued at $78.55/sq.ft. (Wendy's) which was built in 1992 and includes 2,896 sq.ft.. Guitar Center is valued at $28.37/sq.ft. for 10,526 sq.ft. built in 1981. The shopping centers within a 3 mile radius constructed from 1990 to 2007 are valued from $43.50/sq.ft. to $58.44/sq.ft. and vary from 16,900 sq.ft. to 372,589 sq.ft.. We have estimated the center at $55.00/sq.ft., and other improvements at a range of values from $51/sq.ft to $129/sq.ft. Estimates are based on comparable stores in Nueces County with similar square footage and age/condition. CDS I Spiilette Page 4 May 8, 2009 Parkdale Plaza Economic Projections Assessed value for the proposed center has been estimated using information obtained from the developer, the Nueces County Appraisal District, and comparable shopping centers in the immediate area. Spillette Consulting and CDS Market Research have estimated the assessed value of the center for the time period 2009 - 2014. The following chart summarizes the value from demolition to the redevelopment and full occupancy of the center and pad sites. The complete analysis for each year is found in the addenda. Estimates of personal property are based on comparable stores in Nueces County with similar square footage and age/condition. Table 2 Annual Projected Property Value Land Value 2,396,932 2,396,932 2,396,932 2,736,526 2,736,526 2,736,526 Improvement Value 609,186 609,186 2,171,739 4089,866 4,533,371 4.706,876 Total Assessed Value 3,006,118 3,006,118 4,568,672 6,826,392 7,269,897 7,443,402 Personal Prooerty 1,074,975 1,074,975 2,531,304 2,639,804 3,063,104 3.139.669 We did not project appreciation of these property values after 2014. The projected increment of property value was determined by subtracting the current estimated property value (both real property and business personal property) from the projected future total values. The City's 2008 properly tax rate ($0.563846 per $100 assessed value) was applied to these projected incremental values to arrive at projected property tax revenues that could be contributed to the Chapter 380 agreement. Sales Tax Projection We calculated sales tax projections based on data contained in Dollars & Cents of Shopping Centers®/The SCORE® 2008, a publication of the Urban Land Institute and the International Council of Shopping Centers. Based on the projected tenant types, we used the median sales per square foot for similar store categories in U.S. Super Community /Community Shopping Centers as defined in the publication. Data on neither existing retail sales at Guitar Center nor median U.S. musical instrument store sales were available, so we estimated these sales based on sales per square foot at typical comparison goods stores. We projected that the bank will not generate any taxable retail sales. Due to improved physical conditions and increased retail center traffic, we projected that sales per square foot will increase at AutoZone, Wendy's, Guitar Center, and the pawn shop over existing levels, once improvements and / or relocation is completed for these current tenants. As construction of the in-line tenant building is not projected to be completed until April 2011, we projected a 2/3 operating year for the initial tenants. For simplicity, all tenants added in future years are assumed to open January 1. CDS (Spillette Page 5 May 8, 2009 Parkdale Plaza Economic Projections The inflation rate was assumed to be 2.0% annually. Under this scenario, we project total incremental sales tax generation to be approximately $1.95 million through 2024. Detailed projections for both real property tax and sales tax generation are available separately. Conclusion As indicated above, the proposed redevelopment will generate an increased real property tax base which will have a positive economic impact at this site and for the City. It also will generate increased retail sales activity at the site which will have similar positive economic impacts. Our study focused primarily on these two economic impacts since they also determine the feasibility of the proposed reimbursement of the $1,600,000 in infrastructure expenses. As noted above, in addition to these amounts, the City will receive additional property taxes on business personal property, 100% of the sales and use taxes levied for crime control and prevention or pursuant to Sections 4A or 46 of the Development Corporation Act, and utilities revenues and other fees. 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FINANCING AGREEMENT This Agreement ("Agreement") is made and entered into as of May _, 2009 (the "Effective Date"), by and among the City of Corpus Christi, Texas, ahome-rule municipal corporation (the "City") and Parkdale Shopping Center (the "Developer"), comprised of R-SB STAPLES/SPID, LLC, a Texas limited liability company, JJQ-PARKDALE, LLC, a Texas limited liability company, H&JQ PD, LLC, a Texas limited liability company, and W-SB STAPLES/SPID DE, LLC, a Texas limited liability company, as tenants in common. RECITALS WHEREAS, the Developer desires to redevelop the retail center generally known as Parkdale Plaza as more particularly described in the conceptual plan for the project attached hereto as Exhibit A (the "Project" being comprised of at least 50,000 square feet, with an ultimate goal of approximately 58,000 square feet of retail center improvements, exclusive of the tract being conveyed for a large discount center, as more particularly defined below), in Corpus Christi, Texas; and WHEREAS, the City has established a program in accordance with Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, the City has wncluded and hereby finds that this Agreement promotes economic development in the City of Corpus Christi and, as such, meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and Developer; and WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through the elimination of blight and substandard building conditions, development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional ad valorem and sales and use tax revenue generated by the Project for the City; and WHEREAS, the Project redevelops existing infrastructure and will make a unique contribution to the redevelopment efforts in the City, eliminate blight and substandard building conditions, improve traffic circulation, and enhance the aesthetic value of the development; and WHEREAS, the Developer will finance, design and construct the Project as contemplated in this Agreement; and WHEREAS, in consideration of the redevelopment of the retail center site into the Project as described above and the generation of new Sales Tax Revenues and Property Tax Revenues (as defined herein) for the City, the City agrees to use such funds in order to provide the Reimbursement Amount (as defined herein) to the Developer directly in the amount described in Article IV of this Agreement; and WHEREAS, consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 and other law, City and the Developer agree to work together to cause the public purposes of eliminating blight, developing and diversifying the economy of the state, reducing unemployment or underemployment in the state, and developing or expanding transportation or commerce in the state; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 and other law, the Developer has agreed to comply with certain conditions for receiving those benefits, including performance measures relating to job creation, Project operations, and the hiring of local and disadvantaged businesses for the construction of the Project; and WHEREAS, the City and the Developer desire to enter into this Agreement for their mutual benefit; NOW, THEREFORE: AGREEMENT For and in consideration of the foregoing recitals and of the mutual promises, obligations, covenants and benefits herein contained, City and the Developer contract and agree as follows: ARTICLE I GENERAL TERMS Section 1.01 Incorporation of Recitals. The recitals to this Agreement are hereby incorporated for all purposes. Section 1.02 Defmitions and Terms. The terms "Agreement," "Chapter 380." "City," "Developer," "Effective Date," and "Project" shall have the above meanings, and the following terms have the following meanings: "Base Property Tax" shall mean approximately $1,926,583, based on the amount of ad valorem taxes levied and collected by the City on the Property based on its use and valuation as of January 1, 2008, subject to the City's confirmation. "Base Sales Tax" shall mean $51,242, based on taxable sales from the Project during 2008, subject to the City's confirmation. "City Commitment" is defined in Article IV. "Commencement Date" is defined as on or before December 31, 2009. 2 "Completion" shall mean the completion of a minimum of 50,000 square feet of commercial space comprising the Project and the Improvements generally as described in Exhibit B. "Completion Deadline" shall mean no later than December 31,:2012. "Completion Threshold" shall mean achieving the Project's Completion in order to obtain a maximum City Commitment of $1,600,000 for a portion of the Improvement Costs as described in Exhibit C. "Fiscal Year" shall mean the twelve consecutive month period designated by the City as its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August I and ends on the next succeeding July 31. "Gross Floor Area" shall mean the sum, in square feet, of the gross horizontal areas of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including: (1) Attic space providing headroom of less than seven feet; (2) Basement space not used for retailing; (3) Uncovered steps or fire escapes; (4) Accessory water towers or cooling towers; (5) Accessory off-street parking spaces; and (6) Accessory off-street loading berths. "I~rovements" shall mean and include the improvements associated with the Project as described in the Exhibit B, the costs of which are described on Exhibit C to this Agreement. "Letter of Acceptance" shall mean a certificate of the City certifying the completion of all or a portion of the Improvements constructed by or under the supervision of the Developer in accordance with the applicable plans and regulations. "Maximum Cif Commitment" shall mean the largest commitment due by the City to the Developer as determined in Article IV, which is $1,600,000 for a portion of the redevelopment Improvement Costs as described in Exhibit C. "Parkdale Plaza" shall mean the Project location South Staples and Gollihar Streets in Corpus Christi, Texas. "Parties" or "Part 'shall mean the City and the Developer, the parties to this Agreement. 3 "Proiect" shall mean a minimum of 50,000 square feet of commercial space and the Improvements as described herein. "Pro ert "shall mean the real property on which the Project will be built, as described in Exhibit D attached hereto. "Property Tax Revenues" shall mean 70% of the City ad valorem taxes generated from the ]and and improvements comprising the Project and collected by the City in each Fiscal Year, above the Base Property Tax, during the term ofthis Agreement. "Reimbursement Amount" shall mean the maximum City Commitment of $1,600,000 to defray a portion of the Improvement Costs as described in Exhibit C to be paid through the Property Tax Revenues and Sales Tax Revenues. The Reimbursement Amount shall not be payable out of any: (i) municipal ad valorem taxes generated by personal property included in the Project; (ii) sales and use taxes received by the City for crime wntrol and prevention or pursuant to Sections 4A or 4B of the Development Corporation Act; (iii) hotel or motel taxes generated from the Project; and (iv) utilities revenues and other fees collected by the City from the Project. "Reimbursement Account" shall mean the special fund created by the City as described in section 4.01 (A) of this Agreement. "Relocations" shall mean: (A) Each and every retailer that has relocated from an existing location within the City to the Project, if (i) it operated a Retail store in the corporate limits of the City within three years immediately preceding opening of its new Retail store in the Project; and (ii) it closes that store within three years immediately following opening of its new Retail store in the Project. In the event that the new store in the Project is larger than its closed store, the percentage of Gross Floor Area (as such term is defined herein) which represents the increase shall not be considered part of the Relocation but shall be treated as new store sales. In the event that the retailer's new store in the Project is smaller than its closed store, no adjustment shall be made. (B) In the event a retailer opens an additional store, but the original store closes within the three-year period, the retailer will not be considered a Relocation if the City Council of the City determines in its reasonable discretion that either: (i) the store closure was due to economic circumstances not related to the opening of the Project; (ii) the retailer opens a comparable store at another location elsewhere in the City; or (iii) the space vacated by the retailer is leased to a comparable retailer. The Developer will cooperate with the City so that no relocation retailer establishes a Retail outlet in the Project unless the retailer cooperates upon the request of its former landlord to release its former space. Notwithstanding the foregoing, a "small business retailer" may relocate to the Project and not be considered as a Relocation. A "small business retailer" is defined as a single retailer having 10 or fewer employees and not occupying amulti-tenant facility within the corporate limits of the City. (C) The calculation of Relocations shall commence upon the Project Completion at the Completion Threshold. The City and the Developer agree to seek an agreement with the 4 State Comptroller concerning the categorization of Sales Tax Revenues for compliance with these provisions. Alternatively, the Developer will require actual sales information from all stores which are Relocations, and the sales and use taxes from the actual sales shall be subtracted from the total Sales Tax Revenues. The Developer agrees to exercise reasonable efforts to obtain actual sales and use tax information from each store which is a Relocation, and to provide such information to the City promptly upon the Developer's receipt thereof. In the event that the parties are unable to obtain actual sales information for the Relocation stores, the amount of sales shall be determined on a proportionate basis utilizing the Gross Floor Area of the store (excluding any increase in size from the closed location) compared to the Gross Floor Area of Retail space in the entire Project as completed on the date of such calculation. (D) The Developer shall furnish to the City an annual report each year identifying any new tenants at the Project and whether or not any tenants at the Project are Relocations as described herein. For any tenants which are Relocations, the Developer shall set out the number of square feet occupied by such tenant in the Project, the number of square feet occupied by such tenant at its prior facility, the sales tax identification number for the tenant, and whether any factors exist warranting the City Council's determination that such tenant should be excluded fiom being considered as a Relocation under this provision. "Retail" shall mean the use of a facility for the sale of goods to consumers, a facility for the provision of services to consumers, a facility for the sale and service of food or beverages to wnsumers, or a facility providing entertainment to consumers. "Sales Tax Revenues" shall mean 70% of the City one-cent sales and use taxes generated from the Project and remitted to the City by the Comptroller of the State of Texas, above the Base Sales Tax, in each Fiscal Year during the term of this Agreement, and exclusive of any sales and use taxes generated from Relocations. The Sales Tax Revenues generated by Relocations in the Project shall first be subtracted from the total City sales and use taxes so that the amount of Sales Tax Revenues to be applied toward the Reimbursement Amount will be applied only to the net new amount of Sales Tax Revenues generated by the Project. "State Comptroller" shall mean the Comptroller of Public Accounts for the State of Texas, or such other agency responsible for collecting sales and use taxes within the State of Texas and remitting them to the City. Section 1.03 Singular and Plural. Words used herein in the singular, where the context so permits, also include the plural and vice versa. The defmitions of words in the singular herein also apply to such words when used in the plural where the context so permits and vice versa. ARTICLE II REPRESENTATIONS Section 2.01 Renresentations of the City. The City hereby represents to the Developer that as of the date hereof: The City is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carryon the governmental functions and operations as contemplated by this Agreement. The City has the power, authority and legal right under the laws of the State of Texas and the City Charter to enter into and perform this Agreement and the execution, delivery and performance hereof (i) will not, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (ii) do not constitute a default under, or result in the creation of, any lien, charge, encumbrance or security interest upon any assets ofthe City under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. The execution, delivery and performance ofthis Agreement by the City do not r•equn•e the consent or approval of any person which has not been obtained. Section 2.02 Representations of the Developer. The Developer hereby represents to the City that as of the date hereof• The Developer is comprised of entities that are duly authorized and existing and in good standing under the laws of the State of Texas and are qualified to do business in the State of Texas. The Developer has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized, and will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Developer, and (ii) do not constitute a default under or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Developer under any agreement or instrument to which the Developer is a party or by which the Developer or its assets may be bound or affected. The Developer will have sufficient available funds to perform its obligations under this Agreement at the time it needs to have the foods. This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance maybe unavailable. 6 ARTICLE III DEVELOPER COMMITMENTS Section 3.01 Project. (A) The Developer agrees to commence the development of the Project by the Commencement Date and reach Completion of the development and construction the Project by the Completion Deadline. The Developer shall pay, or cause third parties to pay, all engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, insurance premiums, interest, financing fees and other costs and expenses incurred in connection with the construction of such improvements as set forth in Exhibit C attached hereto. The Developer shall provide reasonable evidence of expenditures of private capital by the Developer or by third parties for the improvements to the Project in the amounts required for the Completion Threshold. The City shall not be responsible for any of such costs out of its current revenues or other sources, except in accordance with payment to the Developer for the costs of the Improvements in the Reimbursement Amount as provided in this Agreement. (B) The Developer agrees to assist the City, if so requested by the City, in the preparation of any documentation necessary for the preparation and approval of any of the documents or actions required by the City to perform any of the obligations under this Agreement. The Developer further shall prepare or cause to be prepared any preliminary architectural or engineering plans and financial data and projections reasonably necessary to perform the obligations of the City under this Agreement. The Developer agrees to proceed in good faith towards the development of the Project. Upon Completion of the Project and during the term of this Agreement, the Developer shall maintain the property, improvements and premises in a commercially reasonable manner, comparable to the maintenance of similar retail establishments; and shall timely pay all taxes assessed against the property. Section 3.02 Job Creation. The Developer's receipt of the Reimbursement Amount is subject to the following commitment (the "Jobs Requirement"): the Developer agrees to construct the Project and demonstrate no later than twelve (12) months after Completion that at least the following retained and new jobs will be created by Retail establishments located or to be located within the Project, which jobs will be made available principally to local residents residing within the City: 30 retained jobs and 120 newly-created jobs, for a total of 150 jobs. The demonstration of satisfaction of the total Jobs Requirement also shall be examined each year thereafter on the aruiiversary date of the initial report until the City Commitment has been paid in full or the termination of this Agreement, if sooner. The Developer shall obtain certification from its tenants or occupants as to the number of jobs created or maintained in compliance with this provision. As used herein, the term "jobs" shall mean full-time equivalent positions providing a regular work schedule of at least 35 hours per week. The Developer shall submit on or before the required anniversary dates documentation as reasonably necessary to evidence satisfaction that the Developer has met the Jobs Requirement. Section 3.03 Operational Requirements. 7 (A) The Developer's receipt of the Reimbursement Amount is subject to the following commitment (the "Operational Requirement"): the Developer agrees to maintain the Project as a Retail development for the duration of the period during which the Reimbursement Amount is paid; any default in such obligation shall result in the forfeiture of the right to receive reimbursement for any of the Reimbursement Amount. (B) In the event Relocations exceed 20% of the total Gross Floor Area of Retail space in the Project, such event shall be a default hereunder and the Developer shall forfeit the right to receive the Reimbursement Amount. (C) Additionally, Developer's failure to complete the Project by the Completion Deadline shall be a default hereunder and the Developer shall forfeit the right to receive reimbursement. Section 3.04 Utilization of Local Contractors and Suppliers. The D'eveloper's receipt of the Reimbursement Amount is subject to the following commitment (the "Local Requirement"): in consideration of the Reimbursement Amount for the Improvements, the Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project with a goal of at least 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. A contractor or supplier shall be considered as local if it has maintained an office or the owner has maintained his or her primary residence within the Corpus Christi MSA for at least two years. This goal shall apply to the total amount of all construction contracts and supply agreements made by the Developer in connection with the construction of the Project. The Parties acknowledge that some construction and supply agreements will be controlled by particular tenants of the Developer and not under the control of the Developer. The Developer agrees to encourage such third parties to adopt a comparable goal of 50% of their construction costs, but the City acknowledges that Developer has no legal authority in connection with such third-party contracting. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts ofthe Developer to comply with the Local Requirement. Section 3.05 Utilization of Disadvantaged Business Enterprises: Small Business Initiatives. (A) The Developer's receipt of the Reimbursement Amount is subject to the following commitment (the "DBE Requirement"): in consideration of the Reimbursement Amount for the Improvements, the Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers in the construction of the Project that are determined to be disadvantaged business enterprises, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The following table shall establish the portion of a contract with a disadvantaged business enterprise which shall count towards the goal: 8 Disadvantaged Business Enterprises in Corpus Christi MSA 100% Disadvantaged Business Enterprises elsewhere in Texas 80% Disadvantaged Business Enterprises outside Texas . 60% (B) A contractor or supplier shall be considered located in the Corpus Christi MSA if it has maintained an office or the owner has maintained his or her primary residence withiri the Corpus Christi MSA for at least two years. This goal shall apply to the total amount of all construction contracts and supply agreements made by the Developer in connection with the construction of the Project. The parties acknowledge that some construction and supply agreements will be controlled by particular tenants of the Developer and not under the control of the Developer. The Developer agrees to encourage such third parties to adopt a comparable goal of 30% of their construction costs, but the City acknowledges that Developer has no legal authority in connection with such third-party contracting. (C) The Developer agrees to enter into a Fair Share Agreement with the City pertaining to the achievement of the DBE Requirement in the form attached as Exhibit E. The City and the Developer shall jointly recruit and select a person or firm to provide independent verification and monitoring of Developer's activities in connection with the above goals. Such person or firm shall be responsible for reviewing the contract information for the contracts made by Developer, verifying the eligibility of the firms identified as meeting the requirements stated above, and providing quarterly reports to the City concerning the Developer's achievement of the goals in conmection with construction of the Project. The person or firm may rely upon the determination made by the City or another governmental entity as to the qualification of a contractor or supplier as a disadvantaged business enterprise. The costs of such verification and monitoring during the construction period shall be subject to the approval of and paid by Developer. Such costs shall not be subject to reimbursement as administrative expense from the Reimbursement Amount. (D) The Developer agrees to sponsor or otherwise assist in the presentation of a small business initiative of the City each year during the term of this Agreement as provided by City policies. (E) The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. Section 3.06 Reimbursement Reduction. (A) If the Developer does not satisfy the Jobs Requitement, the Local Requirement, or the DBE Requirement, the City may reduce the Reimbursement Amount. (B) If the Developer does not satisfy the Jobs Requirement in any fiscal year, the City may reduce the annual Reimbursement Amount by 1 % of the Sales Tax Revenues portion of the City Commitment collected during the fiscal year for each required job that was not created or maintained. Any amounts reduced under this provision also reduce the Reimbursement Amount and City Commitment. 9 (C) The percentage of any Reimbursement Amount reduction shall not exceed the percentage by which the Developer does not satisfy the Local Requirement or the DBE Requirement, with equal weight given to each requirement and to the degree ofnon-compliance with each requirement. (D) The City agrees not to reduce the Reimbursement Amount, as long as the Developer has exercised reasonable efforts to comply with the Local Requirement acid the DBE Requirement. The Developer shall be deemed to have exercised reasonable efforts to comply with the Local Requirement and the DBE Requirement as long as the Developer keeps and provides to the City records required to be maintained under Sections 3.02, 3.04 and 3.05 documenting its reasonable compliance attempts, even if the Developer does not actually meet the compliance goals. Section 3.07 Employment of Undocumented Workers. The Developer does not and agrees that it will not knowingly employ an undocumented worker. Section 3.08 Monitoring by the City. Monitoring to determine the Developer's compliance with the terms of this Agreement for compliance purposes will be done by the City no less than twice per year during the period of construction, and on an annual basis after Completion. During the monitoring process, the City will make maximum use of any State and Federal submissions for the determination of contract wmpliance. Monitoring may be accomplished by City personnel or other persons designated by the City and shall include review of compliance with the Fah• Share Agreement specified in Section 3.05 above, compliance with the Jobs Requirement, the Operational Requirement, the Local Requirement, the DBE Requirement, and requirements concerning Relocations. The Developer agrees to reasonably cooperate with the City in such monitoring process. ARTICLE IV PROJECT FINANCING AND FUNDING Section 4.01 Project Financin¢. (A) The City hereby covenants and agrees upon the Effective Date of this Agreement to create a special fund (the "Reimbursement Account") for the benefit of the Developer for the purpose of paying the Reimbursement Amount. The City shall fund the Reimbursement Account through the term of this Agreement from the following sources and in the following manner: i) with respect to the portion of the Reimbursement Amount calculated based on the Property Tax Revenues, the City shall annually fund the Reimbursement Account from the Property Tax Revenues; and ii) with respect to the portion of the Reimbursement Amount calculated based on the Sales Tax Revenues, the City shall annually fund the Reimbursement Account in an amount equal to the Sales Tax Revenues from the Sales Tax Revenues. The Reimbursement Account shall always remain unencumbered by the City and segregated from all other funds of the City. Such funds are held in trust by the City for the Developer to be used in accordance with the terms hereof as long as Developer is in compliance with this Agreement. The City agrees that it will, upon Completion of the Project, with respect to the portion of the Reimbursement Amount derived from Sales Tax Revenues, make annual cash payments, and, with respect to the portion 10 of the Reimbursement Amount calculated on the basis of the Property Tax Revenues, make annual cash payments by June 1 of each applicable year, from the Reimbursement Account to the Developer if cash is available for such purpose under this Agreement until the Reimbursement Amount is paid in full as provided herein. (B) Except as provided below, the City agrees that it will make cash payments to the Developer for the Reimbursement Amount, but such cash payments shall be limited in amount to the City Commitment. Section 4.02 Citv Commitment. (A) Pursuant to its authority under Chapter 380, the City hereby agrees to pay the Reimbursement Amount to the Developer. It is intended by the parties that the Reimbursement Amount will be paid by the City solely out of the Reimbursement Account and used to make payments to the Developer as provided in this Agreement (the "City Commitment"). The maximum amount of the City Commitment is set forth in Section 4,02(B). Payment of the City Commitment will commence upon Completion and will continue through and until the Reimbursement Amount has been paid. The City agrees that it will pay the Reimbursement Amount during the term of this Agreement (but solely from the Reimbursement Account), if the Project is Completed and generates the Reimbursement Amount. Such payments are not subject to any reduction, whether offset or otherwise, except pursuant to Sections 3.03 and 3.06 hereof. (B) The Parties agree that the maximum City Commitment shall be as stated in the defmition of Completion Threshold for a portion of the costs constituting the Improvements associated with the Project, and such obligation on behalf of the City will be limited solely to the funds deposited into the Reimbursement Account pursuant to this Agreement. Upon such time as the City has contributed the maximum City Commitment in full, the City shall have no further obligation under this Agreement. The Parties agree that so long as the Developer has achieved Completion as defined above and has met the Jobs Requirement, the Local Requirement and the DBE Requirement, the Developer shall be entitled to payment of the City Commitment. (C) The City shall determine not less often that quarterly the amount of the Sales Tax Revenues received by the City from the State Comptroller in cooperation with the Developer and the State Comptroller. The City and Developer agree to cooperate in any way necessary to receive information from the State Comptroller necessary to determine the Sales Tax Revenue, including the filing or submittal of any forms or letters necessary to determine the incidence of local sales and use taxes. The City hereby agrees to deposit the Sales Tax Revenues portion of the City Commitment into the Reimbursement Account, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City Commitment shall be remitted to the Developer annually on or before the first day of June.. The City designates this Agreement as a Revenue Sharing Agreement, thereby entitling the City to request sales tax information from the Comptroller, pursuant to section 321.3022, Texas Tax Code, as amended. Unless determined otherwise by the Texas Attorney General in writing, any information received relating to the City Sales Tax Revenue shall be considered confidential proprietary fmancial information not subject to immediate release to the public. The City shall seek a written opinion from the Texas Attorney General, raising any applicable exception to release, prior to any release to a third-party under the Texas Public Information Act. 11 (D) The City shall determine the amount of the Property Tax Revenues received annually by the City in cooperation with the Developer. The City hereby agrees to deposit from available funds in the City's Genera] Fund an amount equal to the Property Tax Revenues into the Reimbursement Account in accordance with Section 4.01 (A) of this Agreement, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City Commitment shall be remitted to the Developer on or before June 1 of each year. (E) The City shall maintain complete books and records showing deposits to and disbursements from the Reimbursement Account, which books and records shall be deemed complete if kept in acwrdance with generally accepted accounting principles as applied to Texas municipalities. Such books and records shall be available for examination by the duly authorized officers or agents of the Developer during normal business hours upon request made not less than five business days prior to the date of such examination. The City shall maintain such books and records throughout the term of this Agreement and store the same for four years thereafter. (F) In addition to the City Commitment provided above, the City agrees to waive all platting, building and technical permit fees incurred by Developer or by parties acting on Developer's beha]f in connection with the replatting of the Property and the construction of the Project as described herein prior to the Completion Date. ARTICLE V ADDITIONAL DUTIES AND RESPONSIBILITIES Section 5.01 Amendment of Agreement. Upon the request of the Developer, the City will not unreasonably decline to amend this Agreement to provide for any reasonable changes necessary to carry forth the intent of this Agreement. ARTICLE VI TERM OF THE AGREEMENT AND OTHER OBLIGATIONS Section 6.01 Term and Termination. This Agreement shall have a term (the "Term") beginning on the Effective Date and continuing for a period until the earlier to occur of (a) the date as of which the twenty-fifth (25`h) annual payment has been received by Developer, (b) the date as of which the cumulative incentive received by Developer equals the maximum City Commitment, or (c) the Agreement is otherwise terminated as provided herein. ARTICLE VII DEFAULT Section 7.01 Default. If the City does not perform its obligations hereunder in substantial compliance with this Agreement and, if such default remains uncured for a period of 60 days after notice thereof shall have been given, in addition to the other rights under the law or given the Developer under this 12 Agreement, the Developer may enforce specific performance of this Agreement, seek a writ of mandamus to perform obligations under this Agreement. If the Developer does not perform its obligations hereunder in substantial compliance with this Agreement, and, if such default remains uncured for a period of 60 days after notice thereof shall have been given, in addition to the other rights under the law or given to the City under this Agreement, the City may terminate this Agreement and any of the obligations associated herein and the City may seek actual damages incurred by the City for any such default. Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by either Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include, without limitation, pending or threatened litigation, acts of God, war, acts of civil disobedience, fu•e or other casualty, shortage of materials, adverse weather conditions (such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, hurricane or tornados) labor action, strikes or similar acts) the time for such performance shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written notice of the commencement of any such delay resulfn~g from such force majeure event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a force majeure event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. Should Developer fail to redevelop the Project by the Completion Deadline, this Agreement shall terminate without obligation of City to provide reimbursement to Developer. ARTICLE VIII GENERAL Section 8.01 Severabilitv. If any provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction for any reason, such provision shall be fully severable, and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be construed and enforced as if such invalid or unenforceable provision had never comprised a part of this Agreement. Section 8.02 Indemnification. The Developer agrees to indemnify, defend and hold the City and its respective council members, board members, officers, employees and agents, harmless from any actions, suits, liens, claims, damages, expenses, losses and liabilities (including reasonable attorneys' fees and expenses) arising from or in connection with its proceedings pursuant to this Agreement, which indemnity shall survive any termination of this Agreement; provided, however, Developer shall not indemnify, defend or hold harmless if the foregoing was the result of the gross negligence or willful misconduct of the City, or its respective council members, board members, officers, employees or agents. 13 Section 8.03 Notice. Any notice or other wmmunication required or permitted to be given pursuant to this Agreement shall be given to the other Party at the following address: If to the Developer: Richard Runde President R-SB Staples/SPID, LLC c/o Capital Area Retail Development II, Inc. 606 W. 12 Street Austin, Texas 78701 w/ a copy to: John D. Bell Wood, Boykin & Wolter, P.C. 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Clu•isti, Texas 78469 ATTN: City Manager w/ a copy to: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: City Attorney Any such notice or communication shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either Party may change the above address by sending written notice of such change to the other Party in the manner provided above. With the consent of the receiving Party, notice may be given by facsimile transmission or electronic mail. Section 8.04 Amendments and Waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is signed by the City and the Developer. Section 8.05 Successors and Assigns. No party shall have the right to assign its rights under this Agreement or any interest herein, without the prior written consent of the other Party, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the Developer may assign its rights and responsibilities hereunder to any entity which is related or affiliated with or a subsidiary of the Developer and to which its rights to proceed with development of the Project are transferred. Such written consent shall not be unreasonably withheld and if such consent is not received by the Party seeking consent within thirty (30) days of their request for consent, the assignment will be deemed approved. Notwithstanding the foregoing, the City hereby consents to Developer's assignment to a lending institution of all of the Developer's rights hereunder as security for repayment of one or more loans to finance the 14 construction or ownership of the Project or construction of the Improvements. The Developer shall give written notice of its assignment of its rights hereunder to the other Parties within five business days of the occurrence of such assignment. The foregoing notwithstanding, any assignment of the Developer's rights under this Agreement shall not release the Developer from its obligations under Section 4.01(C) hereof. Section 8.06 Exhibits• Titles of Articles. Sections and Subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the Parties and shall not be construed to have any effect or meaning as to the agreement between the Parties hereto. Any reference herein to a Section or Subsection shall be considered a reference to such Section or Subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. Section 8.07 Construction. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State ofTexas, excluding conflicts of laws, as such laws are now in effect. Venue for any action arising under this Agreement shall lie in the state district courts ofNueces County, Texas. Section 8.08 The Developer agrees to comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations related to the construction of the Project. Section 8.09 Entire Agreement. This written Agreement represents the fmal agreement between the Parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the Parties. There are no unwritten oral agreements between the Parties. Section 8.10 Annroval by the Parties. Whenever this Agreement requires or permits approval or consent to be hereafter given by either Party, the Parties agree that such approval or consent shall not be unreasonably withheld or delayed. Section 8.11 Additional Actions. The Parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. Section 8.12 Liability. The liability of the tenants in common executing this Agreement is joint and several. [EXECUTION PAGES FOLLOW) 15 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be duly executed as of the _ day of , 2009. PARKDALE SHOPPING CENTER By: R-SB STAPLES/SPID, LLC A Texas limited liability company CITY OF CORPUS CHRISTI, TEXAS A home-rule municipal corporation Richard R. Runde, President By: JJQ-PARKDALE, LLC A Texas limited liability company By:. `Angel Escobar, City Manager ATTEST: Armando Chapa, City Secretary Title: By: H&JQ PD, LLC A Texas limited liability company APPROVED AS TO LEGAL FORM: May _, 2009 Mary Kay Fischer, City Attorney Name: By: W-SB STAPLES/SPID DE, LLC A Texas limited liability company Assistant City Attorney C:\DOCUME-I\emilymV.OCALS--I\Temp\Parkdale Agreement-0507.doc Exhibit A Project Conceptual Plan _.._.__ .. ._- ..:.v ,M-- f f ~ ~~''~~, f~ ffi 24 ' ~ 1 ~ ~ > ' ~ ~ i ~ ,.~ ~ ~. .. ~~ .~ ~~.. ~, ~~ r F.l~ rA. ~' ~ . I _ ~,..~T ~/ ~1 { : ~~ ~! ~ I1 i ti~ 1, ~ ~ ~ ~~~ 4 ~ ~ ~. 1 ~ , ,. ~r , ,~„ ` ~. i ,'~~~~ Y ~- i a n 0. a•mi Exhibit B Improvements Improvement of Carmel Parkway Extension The Project includes the improvement of Carmel Parkway through new asphalt, curb and gutter, and drainage improvements. Additional traffic improvements are included at the intersection with South Staples Street. The improved roadway will provide better access to the public library and improve circulation in the area. Landscaping and Lighting Improvements Mature palms on the site will be preserved and relocated, and xeriscape landscaping improvements will be utilized in order to reduce water consumption. Enhanced site lighting will increase the visual appeal of the center and provide increased security. Roadway improvements will include upgrades for ADA (American Disability Act) compliance. Utilities Improvements Various utilities improvements required in connection with the replatting of the Parkdale Plaza site and upgrade and modernization of the improvements are included. Elimination of Blighted Improvements Project costs include the demolition of the blighted improvements comprising Parkdale Plaza and clearing the land for redevelopment purposes. Asbestos removal is included as part of the necessary costs, in order to assure compliance with all applicable regulatory requirements. Civil Engineering Civil engineering fees in connection with the roadway improvements, replatting, utilities improvements and elimination of blighted improvements are included as part of the Project costs. Exhibit C Improvement Costs Item: 2. Re=pave and curb Carmel Parkway 3. Improvements to intersection of Staples & Carmel Parkway 4. Lighting and re-location of mature palms to Library parking area & along Carmel Parkway 5. Utility Improvements 6. Asbestos Removal 7. Demolition 8. Civil Engineering, fees permits Estimated Cost: $ 250,000.00 $ 50,000.00 $ 100,000.00 $ 100,000.00 $ 300,000.00 $ 1,000,000.00 $ 100,000.00 Total: $ 1,900,000.00 Exhibit D Property Description Lots Three (3), Five (5), Six (6), Seven(7), Eight (8), Nine (9) and Ten (10), Block AR, PARKDALE SHOPPING CENTER, as shown by the proposed plat attached as Exhibit D-1 attached. EXHIBIT D-1 ~~~ b ~~~ ~ ~ wr wriiwa wn wil we h 4 ~ / S I t~ i n u vines sa.a e0~ ~ I I Q n 4y' ~` h ~ ~~ [N R ' p~ s "°Y ~h IS ii ~~~ 5 r a le 'w I ~i s 8 a I ~I 6 ~ ~ ~~ ~ R~~ ~~ I I b ~ a 6 Y I lna . i I M a Y I • `~\ VVV ~ ~~~ F s ~, a , ~a I I ., 5 ~n b~ <e €~ ~~ ,~v ~i ~~• >~. ,, ,, r wie~wnllsn!~!~w l-~w'_I,yl ~a~un wn-w=e we_ ----T}--Yr' T,uil'~-'R--- ~~ ~ i~ i ®~ ~ 5'/ / l .f- ,~ ~~o~ ~~ / ~~ i C'~ ~n~ ~;, ~~ ~~ r /, ~~~ ~ ~~ / i i `~ ~c~ R' .,,-r,-r,-r,~,- f f a ~f Exhibit D Fair Share Agreement This FAIR SHARE AGREEMENT ("Agreement") is entered into by and between the CITY OF CORPUS CHRISTI, TEXAS (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, and PARKDALE PLAZA, (the "Developer") comprised of R-SB STAPLES/SPID, LLC, a Texas limited liability company, JJQ- PARKDALE, LLC, a Texas limited liability company, H&JQ PD, LLC, a Texas limited liability company, and W-SB STAPLES/SPID DE, LLC, a Texas limited liability company, as tenants in common. WHEREAS, the City and Developer entered into a Financing Agreement (the "Financing Agreement"), dated as of May _, 2009, for the redevelopment of the retail center known as Parkdale Plaza in Corpus Christi, Texas (the "Project"); WHEREAS, as part of the Financing Agreement, the Developer has agreed in connection with the redevelopment of the Project to (a) exercise reasonable efforts to utilize (i) contractors and suppliers that are determined to be disadvantaged business enterprises ("DBE"), including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises, as provided in Section 3.05 of the Financing Agreement (the "DBE Goal") and (ii) local contractors and suppliers ("Local Firm") as provided in Section 3.04 of the Financing Agreement (the "Local Goal"); (b) comply with the reporting requirements under Sections 3.04 and 3.05 of the Financing Agreement; and (c) encourage third-party contractors, consultants, or suppliers to adopt comparable DBE and Local Firm goals; WHEREAS, the total amount of all construction contracts and supply agreements made by the Developer in connection with the construction of the Project shall include, without limitation, redevelopment costs, hard construction costs, contractor fees, costs of supplies and materials, new fixtures, furniture, equipment, and taxable personal property purchased for use at the Project, engineering fees, architectural fees, and other professional and development fees, excluding for purposes of the DBE Goal and the Local Goal any costs incurred for services, supplies or property not available through a DBE firm or Local Firm ("Construction Costs"); WHEREAS, all DBE firms must have been certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as a DBE; WHEREAS, in order to provide independent verification of the Developer's efforts with respect to the DBE Goal and the Local Goal, the City and the Developer have agreed that the Developer shall provide to the City the review of an independent auditor ("Project Auditor") with each annual report submitted in connection with this Agreement; WHEREAS, all capitalized terms used herein which are not otherwise defined have the same defmitions as set forth in the Financing Agreement; and NOW, THEREFORE, BE IT RESOLVED, that the Developer does hereby agree to exercise reasonable efforts to meet the DBE Goal and the Local Goal; it is further: 1 RESOLVED, that the Developer agrees, during the period of construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to meet the DBE Goal and the Local Goal. On an annual basis, commencing with the year ending December 31, 2010, and terminating upon Completion, the Developer shall provide to the City within ninety (90) days of the end of such reporting period, the Developer shall provide the City written reports in the form attached hereto as Schedule A documenting the involvement of DBE's and Local Firms. RESOLVED, that the Project Auditor shall perform the services described on Schedule B in connection with each such report. RESOLVED, that notwithstanding any provisions herein to the contrary, the Developer, as a show of its commitment to inclusion, commits to keep in place throughout the construction period of the Project (but in no event does this commitment bind any successor owners, assigns, or tenants) a program which will provide for Local Firm and DBE participation goals as described in Sections 3.04 and 3.05, respectively, of the Financing Agreement. The Developer agrees to exercise reasonable efforts to utilize DBE firms in the construction of the Project with a goal of at least thirty percent (30%) of the Construction Costs being paid to DBE firms, with a priority made for DBE firms which are local as contemplated in Section 3.05 of the Financing Agreement. The following table shat] establish the portion of a contract with a DBE which shall count towards the DBE Goal: DBE Firms in Corpus Christi MSA 100% DBF Firms elsewhere in Texas 80% DBE Fhms outside Texas 60% The Developer agrees to exercise reasonable efforts to utilize Local Firms in the construction of the Project with a goal of at least fifty percent (50%) of the Construction Costs being paid to Local Firms. If a contractor is both a DBE and a Local Firm, one hundred percent (100%) of the contract shall count towards each of the DBE Goal and the Local Goal. A contractor or supplier shall be wnsidered located in the Corpus Christi MSA if it has maintained an office or the owner has maintained his or her primary residence within the Corpus Christi MSA for at least two years. This goal shall apply to the Construction Costs paid by the Developer in connection with the construction of the Project. RESOLVED, the parties acknowledge that some construction and supply agreements will be controlled by particular tenants of the Developer and not under the control of the Developer. The Developer agrees to encourage such third parties to adopt a comparable goal of paying thirty percent (30%) and fifty percent (50%) of their construction costs to DBE firms and Local Firms, respectively, but the City acknowledges that Developer has no legal authority in connection with such third-party contracting. RESOLVED, if the Developer fails to meet its reasonable efforts goal to expend at least thirty percent (30%) and fifty percent (50%) of all Construction Costs with DBE firms and Local Firms, respectively, Developer shall not be in default under this Agreement or the Financing Agreement and no reduction in the Reimbursement Amount payable to Developer under the Financing Agreement shall be assessed so as long as developer has exercised reasonable efforts to comply with the DBE Goal and the Local Goal. RESOLVED, the Developer shall be deemed to have exercised reasonable efforts to comply with the DBE Goal and the Local Goal as long as the Developer provides the City with the reports required to be delivered hereunder, as reviewed by the Project Auditor, and maintains the records supporting the information in such reports as provided herein, even if the Developer does not actually meet the compliance goals. RESOLVED, that the undertaking and commitments set forth in these resolutions do not constitute a part of, and shall not be deemed to modify, amend or abrogate, any provision of, the Financing Agreement or any related agreement between the City and the Developer. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be duly executed as of the _ day of , 2009. PARKDALE SHOPPING CENTER By: R-SB STAPLES/SPID, LLC A Texas limited liability company Richard R. Runde, President By: JJQ-PARKDALE, LLC A Texas limited liability company CITY OF CORPUS CHRISTI, TEXAS A home-rule municipal corporation By: `Angel Escobar, City Manager ATTEST: By: Armando Chapa, City Secretary Title: By: H&JQ PD, LLC A Texas limited liability company APPROVED AS TO LEGAL FORM: May ~ 2009 Mary Kay Fischer, City Attorney Title: By: W-SB STAPLES/SPID DE, LLC A Texas limited liability company Assistant City Attorney By: Schedule A Form of Report [To Be Added] 4 Schedule B Duties of Project Auditor 1. The Project Auditor shall review the written reports provided to it by the Developer. 2. To the extent the Project Auditor deems it necessary or appropriate, review the records maintained by the Developer which contain information supporting the Developer's reports. 3. Verify the eligibility of the firms identified as meeting the requirements for status as a DBE or Local Firm. Notwithstanding any independent investigation by the Project Auditor, the Project Auditor may rely upon the determination made by the City or another governmental entity as to the qualification of a contractor or supplier as a DBE. 4. Provide its review with. the annual reports to the City summarizing the information provided in the Developer's reports and any other records relating thereto reviewed by the Project Auditor. 5 Related to Item 31.2 ---~~ 1 City of ~~ Corpus Christi v....... Legal Department Memorandum To: Mayor and City Council members From: Mary Kay Fischer, City Attorney maay,,~~cy~~t-~. Date: May 8, 2009 l Subj: Ethics Ordinance The attached ordinance reflects the changes to the Ethics Ordinance as proposed by Mr. Rummell as noted on the following page. The first document reflects the changes in "red" and the second is a clean copy of the proposed amended Ethics Ordinance. Please be advised that the proposed changes were previously sent out to the Ethics Commission last week in anticipation of the Ethics Commission considering the amendments at their next regular meeting on Thursday, May 14. In the event that the City Council chooses to allow the Ethics Commission an opportunity to review the proposed changes before making a final decision on the Ordinance, the agenda item will remain on the Ethics Commission meeting agenda for Thursday. No person is eligible to contract with the City for receipt of money if that person is a member of the City Council, a Supervisory City Employee, or a direct family member of a City Council member or Supervisory City Employee. ~Diiect- 'mil "-member" means a:s - >..,.. _ ,. ,fa y pc secalfd,..grandchild;•brother~orsister. "Supervisory City Employee" means City Manager, Deputy City Manager, Assistant City Manager, or Director of any City Department. No entity is eligible to contract with the City for receipt of money if it is owned, in whole or in part, by a City Council Member, City Supervisory Employee, or a direct family member of a City Council Member or"Supervisory City Employee. For purposes of this section, "City" shall include the City of Corpus Cluisti, any entity that is funded by the City of Corpus Christi, and any entity cxeated by the City Council. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPl9S CHRISTI, CHAPTER 2 REGARDING CONFLICTS OF INTEREST; PROVIDING FOR SEVERANCE; PROVIDING F®R Pt1~LICATION; AIVD DECLARING AN EMERGENCY. RE BT ORDAINED RY THE CITY COt~NCIL OF THE CITY OF CORPl9S CHRISTI, TEXAS, THAT: SECTION 1. Section 2-311, Code of Ordinances, is amended by revising paragraphs 7, 15, 21 and adding a new paragraph 25 to read as follows: "Sec.2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. (Ord. No. 23772, § 1, 9-21-1999) Sec.2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person qr group beyond that which is available to others generally. (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city- issued uniforms, badges, and other uniform attire, may use their city-issued radios, and may carry their city-issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city-issued uniforms, I CouncilContractsOrd-•05062009GsunsN6enNasEsOrd--OA@22909 badges, and other uniform attire, and use their city-issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shelf be construed consistently with Texas Election Code Section 255.003. (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. Gifts: (5) You shall not accept or solicit any money, property, service or other thing of value byway of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (7) ~In the event you or one of your Relatives taavehas an interest or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall matte a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. the City Council. H•\LEG-DIR\Lisa\2009 OrdinancelCouncllContractsOrd - 05082009 D(~C _(8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, ar reflect discredit upon the city. (9) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (12) You shall not disclose information that could adversely affect the property or affairs of the city. (13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (15) _ , witFi4Fie-sity: As a council member. you or a Direct Family Member shall not enter into env contract with the City for receipt of money. For Duraoses of this subsection. "City" shall include the City of Corpus Christi, any entity that is funded by the City of Cows Christi. and any entity created by the City Council. (16) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. H:\LEG•DIR1Lisa\2009 Ordinance\CouncllContrac s r0 d -- 0508 002 9 DOC (18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) is related to you within a degree described by Section 573.002, Texas Government Code; (2) is your employer; (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (21) This subsection applies only to those City emolo ey es who are not Suaervisory Citv Employees: As an employee you shall not have an interest in any contract with the city. (22) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appQarance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even 4hough others may have the same or a similar interest). H:\LEG-DIR1Lisa\2009 Ordinance\CouncilContractsOrd - 05082009 DOC ry (24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspec2t the work of the business or individual. SECTION 2. Section 2-312. Code of Ordinances. is amended by adding a definitions for Direct Family Member and for Supervisory City Emolovee. "Sec.2-312. Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Direct Family Member: a spouse, child, grandchild, brother or sister. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which. would not increase or decrease materially due to the action of the city or is less than two hLindred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired LEG-DIR\Lisa\2009 Ordinance\ ou IlContractsOrd -- 050820(9 D (Ord. No. 20781, § 1, 9-19-1989; Ord. IVo. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 8- 21-1999; Ord. IVo. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008) for a public purpose and just compensation must b® paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest which has a value of five thcusand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. (Ord. Flo. 20781, § 1, 9-19-1989) SECTB~F9 3. If for any reason any section, paragraph, subdivision, Claus®, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force ahd effect for its purpose. S~CTBQF9 ~. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTI®F9 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12th day of May, 2009. ATTEST: THE CITY OF C®RPtfS C~fRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: May 8, 2009 Ma Ka Fischer Clt Attorne ry Y a Y Y H•\LEG-DIR\Lisa\2009 Ordinance\CouncilContractsOrd -- 05082009.DOC AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CONFLICTS OF INTEREST; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2-311, Code of Ordinances, is amended by revising paragraphs 7, 15, 21 and adding a new paragraph 25 to read as follows: "Sec.2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. (Ord. No. 23772, § 1, 9-21-1999) Sec.2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city- issued uniforms, badges, and other uniform attire, may use their city-issued radios, and may carry their city-issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city-issued uniforms, COUNCILCONTRACTSORD (CLEAN) -- 05072009 2 badges, and other uniform attire, and use their city-issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. Gifts: (5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (7) (a) In the event you or one of your Relatives has an interest or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. (b) Notwithstanding subsection (7) (a), no person is eligible to contract with the City for receipt of money if that person is a member of the City Council, a Supervisory City Employee, or a Direct Family Member of a City Council member or Direct Family Member of a Supervisory City Employee. (c) Notwithstanding subsection (7) (a), no entity is eligible to contract with the City for receipt of money if it is owned, in whole or in part, by a City Council member, City Supervisory Employee, or a Direct Family Member of a City Council member or a Direct Family Member of a Supervisory City Employee. (d) For purposes of this subsection, "City" shall include the City of Corpus Christi, any entity that is funded by the City of Corpus Christi, and any entity created by the City Council. (t3) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your COUNCILCONTRACTSORD (CLEAN) -• 05072009 independent judgment in the performance of your duties, or reflect discredit upon the city. (g) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (12) You shall not disclose information that could adversely affect the property or affairs of the city. (13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (15) As a council member, you or a Direct Family Member shall not enter into any contract with the City for receipt of money. For purposes of this subsection, "City" shall include the City of Corpus Christi, any entity that is funded by the City of Corpus Christi, and any entity created by the City Council. (16) In order to presence and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: COUNCILCONTRACTSORD (CLEAN) -- 05072009 4 (1) is related to you within a degree described by Section 573.002, Texas Government Code; (2) is your employer; (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matterjurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (21) This subsection applies only to those City employees who are not Supervisory City Employees: As an employee you shall not have an interest in any cortract with the city. (22) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (25) As a Supervisory City Employee, you or a Direct Family Member shall not enter into a contract with the City for receipt of money. For purposes of this subsection, COUNCILCONTRACTSORD (CLEAN) -- 05072009 5 "City" shall include the City of Corpus Christi, any entity that is funded by the City of Corpus Christi, and any entity created by the City Council. " (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9- 21-1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008) SECTION 2. Section 2-312, Code of Ordinances, is amended by adding a definitions for Direct Family Member and for Supervisory City Employee. "Sec.2-312. Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Direct Family Member: a spouse, child, grandchild, brother or sister. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the.same as natural relationships. Substantial interest: Any interest which has a value of five thousand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. COUNCILCONTRACTSORD (CLEAN) -- 05072009 6 Supervisory City Employee: City Manager, Deputy City Manager, Assistant City Manager, or Director of any City Department." (Ord. No. 20781., § 1, 9-19-1989) SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any-other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12~"day of May, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: May 8, 2009 Mary Kay Fischer,City Attorney COUNCILCONTRACTSORD (CLEAN) -- 05072009 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinahce 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, Council Members Respectfully, Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummeil Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon