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Agenda Packet City Council - 04/20/2004
CITY COUNCIL AGENDA APRIL 20, 2004 Corpus Christi AII-AmericaCity 11:45 A.M. - Proclamation declaring April 20, 2004 as "Corpus Christi International Airport Day" Proclamation declaring the week of Apd118-24, 2004 as "Crime Victims' Rights Week" "At Your Service Award", City Staff Recognition Award Swearing-in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 20, 2004 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 ofthe Council Meeting, whicheveris earlier. Please speak into the microphone located atthe podium and state yourname 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 didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaRol en todas las juntas del Concilio para ayudade. 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 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Deacon Michael Mantz, Corpus Christi Cathedral. 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 Samuel L. Neal, Jr. Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting Apd120,2004 Page 2 E. MINUTES: 1. Approval of Regular Meeting of April 13, 2004. (Attachment# 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) CommunityYouth Development (78415) Program Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropdate, 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. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished with background and support material on each item, and/er 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 afterthe 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) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $62,112 for personnel, fringe benefits, travel, and supplies for an immunization program. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April20,2004 Page 3 3,bo 5ob. 6.bo Ordinance appropriating a grant from the Texas Department of Health in the amount of $62,112 for personnel, fringe benefits, travel, and supplies to maintain an immunization program in the No. 1066 Health Grants Fund. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation to accept a gift of up to $35,000 to purchase an automated library system and provide matching funds for technology grants for the Corpus Christi public libraries. (Attachment # 4) Ordinance appropriating $24,500 from the Corpus Christi Public Library Foundation in the No. 1020 General Fund for an automated library system; amending the FY 2004 Operating Budget adopted by Ordinance Number 025394 to increase appropriations by $24,500. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a Purchase and License Agreement with Dynix Corporation for $129,539 based on sole source to upgrade the existing automated library system. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a Maintenance Agreement for five years with Dynix Corporation for estimated five year cost of $138,000 for maintenance of the automated library system based on sole source. (Attachment # 5) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with the Corpus Christi Independent School District to continue to provide each high school library with access to a shared automated library system. (Attachment # 6) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with the Calallen Independent School District to continue to provide its high school library with access to a shared automated library system. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 20, 2004 Page 4 .8. o 10. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Flour Bluff Independent School District to continue to provide its high school library with access to a shared automated library system. (Attachment # 6) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with the Tuloso- Midway Independent School District to continue to provide its high school library with access to a shared automated library system. (Attachment # 6) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with the West Oso Independent School District to continue to provide its high school library with access to a shared automated library system. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Urban Engineering, Inc. in the amount of $71,625, for a total restated fee of $1,813,398, for the Weber Road 16-inch Diameter Water Line from Aaron Drive to County Road 43 associated with the Southside Water Transmission Main, Phases 2, 2A and 3 Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc. in the amount of $886,305, for a total re-stated fee of $911,045, for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1 Project. (Attachment # 8) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the contract with Garver Construction, Ltd., of Houston, Texas in the amount of $148,830.32 for the Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to Leopard Street). (Attachment # 9) Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties, of Sandia, Texas in the amount of $66,880 for House Demolition at various sites. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April20,2004 Page 5 11. Motion authorizing payment to the City of Port Aransas in the amount of $22,643.72 for beach parking permit collections for 2003 based upon agreement between the City Manager of the City of Corpus Christi and the City Manager of the City of Port Aransas. (Attachment # 11) 12. Second Reading Ordinance - Amending Section 10-22 of the Code of Ordinances, City of Corpus Christi, regarding terms of dune protection permits and beachfront construction certificates; and providing for penalties. (First Reading 04/13/04) (Attachment # 12) I. PUBLIC HEARINGS: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a contract with Freese and Nichols, Inc. in the amount of $259,750 for engineering services for the third year of a Five-Year Inspection and Monitoring Program at Wesley Seale Dam. (Attachment # 13) 14.a. Motion authorizing the City Manager to execute a parking lease with the Port of Corpus Christi Authority for the Baseball Stadium. (Attachment Cf 14) 14.b. Motion authorizing the City Manager to assign the parking lease with the Port of Corpus Christi Authority for the Baseball Stadium to Round Rock Baseball, Inc. (Attachment # 14) 15.a. Motion authorizing the City Manager or his designee to execute a lease agreement with Wilson Plaza Associates, L.P. for a seven year term, beginning at $44,172 per year and providing for an annual adjustment for 3,681 net rentable square feet from September 1, 2004 through August 31, 2011 for the City Detention and Magistration Center. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April20,2004 Page 6 15.b. 16.a. 16.b. 17. Motion authorizing the City Manager or his designee to execute a building construction agreement with Wilson Plaza Associates, L.P., of Corpus Christi, Texas, in the amount of $295,000 for the construction of a new City Detention and Magistration Center to be located at Wilson Plaza, Suite #113-A. (Attachment # 15) Motion to amend prior to Second Reading by creating new sections for Economic Development, Plan Implementation; deleting the Dune Protection section and combining Dune Protection with the Environmental section; deleting the Beach Access section and combing Beach Access with the Transportation section; deleting the Packery Channel section and combining Packery Channel with the new Economic Development Section; adding additional figures; modifying the future land use and transportation figures and other general wording changes throughout the plan to incorporate public comment. (Attachment # 16) Second Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by adopting the Mustang- Padre Island Area Development Plan; defining the City's Comprehensive Plan Policies on Mustang and Padre Island for protection of the environment, future land use, transportation, economic development, public services, capital improvements, and implementation. (First Reading - 11/18/03) (Attachment # 16) PRESENTATIONS: Public comment will not be solicited on Presentation items. Review of Preliminary Bond 2004 Program (Attachment #17) (See separate attachment) 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 20, 2004 Page 7 (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 petlaining to your subject, please present it to the City Secretaq/.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int&rprete ingl&s-espa~ol en la reuni(~n de la junta para ayudarle. 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. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING: 2:00 P.M. - COMMUNITY DEVELOPMENT CONSOLIDATED 18.a. 18.b. ANNUAL ACTION PLAN: Public hearing regarding the City of Corpus Christi's proposed FY2004 Consolidated Annual Action Plan (CAAP) that is for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (See separate project detail binder previously furnished) (Attachment # 18) Council discussion and possible action on a tentative list of projects/activities to be funded. (See separate project detail binder previously furnished. (Attachment # 18) (Note: Copy of project detail binder is available for review in the City Secretary's Office) 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, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summapj) Agenda Regular Council Meeting April20,2004 Page 8 19. 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 off/ce. Executive session under Texas Government Code Section 551.087 for deliberations relating to an offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Chdsti, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 20. CITY MANAGER'S REPORT * Upcoming Items 21. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. P. COUNCIL AND OTHER REPORTS 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 2:30 p.m., April 16 ,2004. City Secretary Agenda Regular Council Meeting April20,2004 Page 9 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 13, 2004 - 10:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Henry Gan'eR Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Bill Kelly Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Scott and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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 Neal called for approval of the minutes of the regular Council meeting of March 30, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Airport Board J. C. Ayala (Reappointed) Wayne Bennett (Appointed) Donald M. Feferman (Appointed) Board of Adjustment Robert Broadway (Reappointed) Charles Schibi (Reappointed) John Martinez (Reappointed) Gene Clancy (Reappointed) David Loeb (Appointed) Taylor Mauck (Appointed) William Tinney (Appointed) Citizens Advisory Health Board Michelle Thomas (Appointed) Food Service Advisory_ Committee Carlos R. Moreno (Appointed) Coastal Bend Health Facilities Development Corp. Jack Solka (Reappointed) Erika Escobedo-Benson (Reappointed) Judy Telge (Reappointed) Dr. Richard Davis (Reappointed) Annie J. Castro (Reappointed) Lawrence Wilk (Reappointed) Dan Winship (Reappointed) Sister City Committee Connie Mufioz (Appointed) Water Resources Advisory Committee Bob Kent (Reappointed) Dr. Karen G. Rue (Reappointed) Herman Johnson (Reappointed) Lena Coleman (Reappointed) Dr. Jane Stanford (Reappointed) Minutes - Regular Council Meeting April 13, 2004 - Page 2 Mayor Neal called for consideration of the consent agenda (Items 3-29). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Item 15. Council members requested that Items 6, 17, 19, 20 and 21 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 29, constituting the consent agenda, except for Items 6, 17, 19, 20 and 21, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-132 Motion approving a supply agreement with United States Security Associates, Corpus Christi, Texas, for Uniformed Guard Security Services for City Hall, Frost Bank Building, Central Library, and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI-0058-04 based on low bid for an estimated annual expenditure of $267,972.20. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2003- 2004. The foregoing motion was passed and approved with the following vote: Neai, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 4. MOTION NO. 2004-133 Motion approving the purchase of thirty (30) refuse truck cart tippers from Environmental Marketing, La Grange, Texas in accordance with Bid Invitation No. BI-0081-04 based on low bid for a total amount of $58,816.20. The refuse truck cart tippers will be used by the Solid Waste Department. Funds have been budgeted by the Solid Waste Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 3 MOTION NO. 2004-134 Motion approving the purchase of three heavy trucks in accordance with Bid Invitation No. BI-0066-04 from the following companies for the following amounts based on low bid for a total amount of $201,976. All throe units are replacements. Funding is available fi'om the FY 2003-2004 Capital Outlay budget in the Maintenance Services Fund. Crosstown Truck Center Corpus Christi, TX 2 Units $I 10,419 Fleetpride Power Equipment Corn_ us Christi, TX 1 Unit $91,557 Grand Total: $201,976 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.a. RESOLUTION NO. 025693 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments in the amount of $10,000 for litter and illegal dumping cleanup. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.b. ORDINANCE NO. 025694 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for litter and illegal dumping cleanup. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.c. RESOLUTION NO. 025695 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments in the amount of $46,932 for local enforcement. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 4 7.d. ORDINANCE NO. 025696 Ordinance appropriating $46,932 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for solid waste local enforcement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.a. MOTION NO. 2004-136 Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen at summer youth recreation programs throughout the community. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.b. ORDINANCE NO. 025697 Ordinance appropriating a grant in the amount of $416,840 in the No. 1067 Park and Recreation Grants Fund from the Texas Department of Human Services to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.c. RESOLUTION NO. 025698 Resolution authorizing the City Manager or his designee to execute an Inteflocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.d. RESOLUTION NO. 025699 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide transportation services for Youth Recreation Programs. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 5 10. 11. RESOLUTION NO. 025700 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for the Corpus Christi Festival of the Arts 2005. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-137 Motion authorizing the City Manager or his designee to execute Amendment No. 10 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas for a total fee of $71,600, for a total re-stated contract fee of $2,200,344 for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-138 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of$174,500 for the O. N. Stevens Water Treatment Plant Facility Analysis Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 12.a. MOTIONNO. 2004-139 Motion authorizing the City Manager or his designee to execute a one year option to a construction contract with Rabalais I & E Constructors, of Corpus Christi, Texas, in the amount of $58,102 for the O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 6 12.b. MOTIONNO. 2004-140 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Agreement for Architect/Engineer Consultant Services with Onyx Engineering, Inc., of Corpus Christi, Texas in the amount of $26,374, for a total re-stated fee of $73,283 for the O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 13. MOTION NO. 2004-141 14. 15. Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-142 Motion authorizing the City Manager or his designee to proceed with the AEP proposal for the installation of new street lighting system in the amount of $151,406.55 along the seawall on Shoreline Boulevard from Power Street to Peoples Street. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-143 Motion authorizing the City Manager or his designee to execute a construction contract with Beecroft Construction, of Corpus Christi, Texas in the amount of $1,698,704 for the Corpus Christi Intemational Airport Transportation Security Administration United States Customs and Border Protection Offices/Facilities. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Kelly was absent; Noyola abstained. Minutes - Regular Council Meeting April 13, 2004 - Page 7 16. 18. 22. 23. MOTION NO. 2004-144 Motion authorizing the City Manager or his designee to execute a construction contract with Ray's Welding Service, of Corpus Christi, Texas in the amount of $58,347.30 for the Corpus Christi Beach Boardwalk, Phase 1 project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-146 Motion authorizing the City Manager or his designee to execute a Construction Materials Inspection and Laboratory Testing Contract with Kleinfelder, of Corpus Christi, Texas in an amount not to exceed $79,880 for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. FIRST READING ORDINANCE Amending Section 10-22 of the Code of Ordinances, City of Corpus Christi, regarding terms of dune protection permits and beachfront construction certificates; and providing for penalties. ~[he foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. ORDINANCE NO. 025703 Amending Ordinance No. 15898, as amended, by approving a Revised Standard Form Industrial District Agreement; and authorizing the City Manager or his designee, to execute Industrial District Agreements based on the Revised Standard Form Industrial District Agreement and to file the Industrial District Agreements in the Official Records of the county where the affected land is located. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 8 24. ORDINANCE NO. 025704 Amending Section 1-6 of the Code of Ordinances relating to general penalties; enacting Subsection 1-6.1 relating to continuing violations. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 25.a. MOTIONNO. 2004-149 Motion to amend prior to Second Reading by revising the fourth line of Section 23-63(a) by deleting the words "within the corporate limits of" and adding the word "in". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 25.b. ORDINANCE NO. 025705 Amending Section 23-63 of the Code of Ordinances relating to depositing garbage in a public place. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 26. ORDINANCE NO. 025706 Amending Section 23-67 of the Code of Ordinance relating to permitting accumulation of filth on lots. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 27. ORDINANCE NO. 025707 Amending Section 23-68 of the Code of Ordinance relating to permitting weeds and rubbish on lots. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 9 28.a. ORDINANCE NO. 025708 Amending the Zoning Ordinance of the City of Corpus Christi by revising Section 35-3, by changing the maximum fine amount from $1,000 to $2,000. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 28.b. ORDINANCE NO. 025709 Amending the Platting Ordinance of the City of Corpus Christi by revising Section XI - Penalties, by changing the maximum fine amount from $100 to $500. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 29. ORDINANCE NO. 025710 Amending the City of Corpus Christi Preservation Plan, An Element of the Comprehensive Plan, by designating property located at 402 Peoples Street as a "Potential Landmark" and by adding that one property that has been designated as a potential landmark within the Preservation Plan. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 6 regarding the Click It or Ticket program. Mayor Neal asked if there was any city policy exempting city employees and police officers from wearing seat belts while driving city vehicles. He said he had received a number of calls and e-mails from citizens concerned about this issue, in light of the recent death of a police officer. City Manager Noe and Police Chief Pete Alvarez Jr. replied negatively, saying that city policy required city employees to use seat belts at all times on duty. Mayor Neal said his office was receiving at least one call a week from citizens complaining that officers enforcing the Click It or Ticket program were not using seat belts themselves. He asked how the city could reinforce this policy with their employees. Chief Alvarez replied that he had not received any direct complaints regarding seat belt use by police officers. He said his officers were very much aware of state law regarding the use of seat belts, and the vast majority used them accordingly in city-owned and personal vehicles. He said the death of Sgt. Segovia was unfortunate, especially since he was not wearing his seat belt, but he felt it was wrong for citizens to use his death as a way of expressing their displeasure with the Click It or Ticket program. He said the program was unpopular, but it was intended to save lives. He asked citizens to report any police officers not wearing seat belts on duty directly to him so he could take appropriate action. Mayor Neal replied that his only concern was that there was some unwritten policy exempting police officers from wearing seat belts during a chase, for example. He said he Minutes - Regular Council Meeting April 13, 2004 - Page 10 would direct his office to forward any citizen complaints on this issue directly to Chief Alvarez. City Secretary Chapa polled the Council for their votes as follows: 6.a. MOTION NO. 2004-135 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $35,629 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.b. ORDINANCE NO. 025692 Ordinance appropriating $35,629 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gan:eR, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 17 regarding a contract for the Public Facilities and Improvements Project. Mayor Neal asked if this project was part of the city's effort to comply with the Americans with Disabilities (ADA) Act. City Engineer Angel Escobar replied affirmatively. He asked Mr. Escobar to explain the contract in more detail. Mr. Escobar answered that 26 different locations throughout the city were scheduled for accessibility and barrier removal improvements to parking lots, ramps, doorways, floor and wall fixtures, restrooms, and counters. Mayor Neal asked if this project would complete all the improvements needed on city-owned properties. City Engineer Escobar replied negatively, saying there was another list of improvements being completed in-house through the Maintenance Services department. Mayor Neal stated that the city had made a commitment to use CDBG grant funds to complete the improvements by the end of this year, and he wanted to be sure the city was on schedule. Mr. Escobar replied affirmatively. He added that the city had received good bids on the project, so staff was recommending the base bid and two additive alternates. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2004-145 Motion authorizing the City Manager or his designee to execute a construction contract with Zimmerman Construction, of Burnett, Texas in the amount of $336,100 for the Public Facilities and Improvements (Removal of Architectural Barriers) project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 19 regarding the inclusion of a Homeless Plan in the Minutes - Regular Council Meeting April 13, 2004 - Page 11 FY 2003 Consolidated Annual Action Plan. Mayor Neal asked City Manager Noe to explain the plan in more detail. City Manager Noe stated that the city was authorizing a contract with J. Quad and Associates, who developed the FY 2003 Action Plan, to amend it to include a Homeless Plan. He said there was a federal program which provided additional financial assistance to those communities with a ten-year program for addressing homeless issues. He also said it was important for the community to develop and fund a specific plan to address homeless issues. He said the city was currently operating year-to-year using the ESG (Emergency Shelter Grant) allocation to address homeless issues, but it lacked a specific plan. He said the city would benefit from working with an outside agency, the local community, and local non-profits to develop the plan. Council Member Colmenero asked how CDBG funds were being redirected to fund this program. City Manager Noe replied that leftover funds from the original contract with J. Quad and Associates were being allocated to fund the contract. He said there was no additional allocation of CDBG dollars necessary. City Secretary Chapa polled the Council for their votes as follows: 19.a. MOTIONNO. 2004-147 Motion authorizing the City Manager or his designee to amend the FY 2003 Consolidated Annual Action Plan to include the development of a Homeless Plan for the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 19.b. MOTIONNO. 2004-148 Motion authorizing the City Manager or his designee to execute and agreement with J. Quad and Associates, of Corpus Christi, Texas for $10,852 for developing a Homeless Plan for the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 20 regarding a boat launching facility on Packery Channel. Council Member Kinnison asked if this expenditure had been funded and approved by the TIF board as part of the original plan. City Manager Noe replied that the TIF allocation supported the federal project. He said this element was outside of the federal project, but it was consistent with the adopted plan that included recreational facilities. He said this was an attempt to obtain additional funding to support the recreational improvements not included in the federal project. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 025701 Minutes - Regular Council Meeting April 13, 2004 - Page 12 Resolution of the City Council of the City of Corpus Christi authorizing an application to the Texas Parks and Wildlife Department for assistance in funding a boat launching facility on Packery Channel, declaring the City eligible for such assistance, authorizing the City to be the local sponsor of the project, and directing and authorizing the City Manager to file the application and to execute all documents pertaining thereto. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 21 regarding a home mortgage financing program. He asked Mr. Tom Utter, Special Assistant to the City Manager, to report on this item in more detail. Mr. Utter reported that this item was good news for the city. He said at present, the Corpus Christi Housing Finance Corporation (CCHFC) had approximately $17 million in mortgage credit authority. He said the city had recently been informed that the income limits and the purchase price limitations have increased substantially. He said the Coastal Bend HFC (comprised of nine surrounding counties including Nueces County) had just received approximately $17 million in single family mortgage revenue bond authority. Under state law, he said the allocation of single family mortgage revenue bond authority was on a lottery system with a part of the selection process tied directly to the date of the most recent allocation of authority. He said the Coastal Bend HFC had approached the city to see if their population could be included within their proposed issue to make it more viable. Mr. Utter said the only disadvantage was that, per state law, the most recent date of a Corpus Christi issue, for lottery purposes, would become the date of this new Coastal Bend HFC issue. Mr. Utter stated that the good news was that the Coastal Bend HFC had agreed to allocate $4 million of mortgage credit authority to the city, increasing the city's allocation to $21 million. In addition, he said the Coastal Bend HFC would allow up to 50 percent of their entire single family mortgage bond issue to be used in the city within the first twelve months of the issue, resulting in approximately $9 million that would become available to Corpus Christi residents. In total, Mr. Utter said the city would obtain an additional $13 million for mortgage assistance. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025702 Resolution of the City Council of the City of Corpus Christi authorizing the Coastal Bend Housing Finance Corporation to issue single family mortgage revenue bonds and mortgage credit certificates to assist in financing home mortgages for homes located in the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett and Kelly were absent. Mayor Neal referred to Item 30, and a motion was made, seconded and passed to open the public heating on the following zoning case: Minutes - Regular Council Meeting April 13, 2004 - Page 13 Case No. 0204-04, Mostaghasi Investment Trust, Inc.: A change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling District on Tracts 1 and 2. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 12, being 32.753 acres out of Lots 22 and 23, located along Wooldridge Road to the south and 600 feet west of Cimmaron Boulevard. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "R-lB" One-family Dwelling District on Tracts I and 2. Mayor Neal called for public comment. Mr. David Williams, residing on Fulton Street, stated that he wasn't opposed to the zoning change per se, but he was concerned about its effect on the traffic in the area. Mr. Michael Gunning, Assistant Director of Development Services, stated that he and City Engineer Escobar met with the neighborhood to discuss traffic issues prior to bringing the case to the Planning Commission. He said staff was considering the creation of a series of cul-de-sacs within Tract 1 to minimize traffic, and the creation of at least one through street that would connect with Wooldridge Road to relieve traffic on Fulton Street. In addition, Mr. Gunning said staff would be working with CCISD to look at a one-way traffic pattern near the school. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 30. ORDINANCE NO. 025711 Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, Inc., by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 32.753 acres out of Lots 22 and 23, Section 12, Tracts 1 and 2 from "F-R" Farm-Rural District to "R- 1B" One-family Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal deviated from the agenda and referred to Item 32, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0304-03, Oak Properties: A change of zoning from a "A-I" Apartment House District and a "R-1B" One-family Dwelling District to a "RE" Residential Estate District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 48, being 22.867 acres out of Lots 30, 31, and 32, located along Flour BluffDrive to the east and west of Cornerstone Drive. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "RE" Residential Estate District. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Minutes - Regular Council Meeting April 13, 2004 - Page 14 Council for their votes as follows: 32. ORDINANCE NO. 025713 Amending the Zoning Ordinance, upon application by Oak Properties by changing the zoning map in reference to Flour Bluffand Encinal Farm and Garden Tracts, being 22.867 acres out of Section 48, Lots 30, 31, and 32 from "R-lB" One-family Dwelling District and "A- 1" Apartment House District to "RE" Residential Estate Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal deviated from the agenda, and referred to the presentations on the day's agenda. The first presentation was Item 34, an update on the Bayfront Master Plan. Mr. Raymond Gignae with Gignac and Associates introduced the other members of the design team working on the Bayfront Master Plan: Mr. Kevin Gordon with TVS and Associates; Mr. Kevin St. Jacques with Wilbur Smith; Mr. Andy McClain; and Mr. Alan Ward with Sasaki and Associates, who made the presentation. Mr. Ward briefly provided a historic background on the bayfront. He said in the 1930s, Water Street was directly on the water's edge, creating a close relationship between the downtown area and the waterfront. There was also a pleasure pier linking Peoples Street to the water's edge. He said the original breakwater work began in 1924, and between 1939-41, the seawall construction and land reclamation for storm protection began. He said at this point, the downtown area was pushed back from the water's edge. In 1944, Mr. Ward said the Hare & Hare Plan was developed for the bayfront, and led to the creation of Shoreline Boulevard. He noted that part of the concept at that time included the creation of two large parks to the north and south of downtown. He said this idea has reemerged in the options they would present today. Mr. Ward said there were a number of subsequent plans created in following decades, mostly aimed at creating links from the bayfront and Shoreline Boulevard back into the downtown area. The plans included the following: 1967 Harland & Bartholomew; 1982 Plan; 1989 Waterfront Management District; 2001 TVS, Gignac, Sasaki, and ARQ, created as part of the arena and convention center planning and design; and the Durrill Plan (Marina Parkway Plan), prepared by McGloin & Sween. Mr. Ward highlighted the McCutcheon Plan, prepared by Richter & Associates within the last year, which created a new basin to the south with a new breakwater. He said the beauty of the plan was that it increased the protected marine area; facilitated recreation, including boating and fishing; promoted business and residential development; and created a new wetlands habitat. He said the design team had incorporated this element into their proposed designs. He said the 2003 Minutes - Regular Council Meeting April 13, 2004 - Page 15 AIA Plan also provided a number of intriguing ideas regarding enhancements to the T-Heads and the L-Heads, and modifying the roadways. Mr. Ward discussed the scale of the waterfront in Corpus Christi compared to other cities. He said the Corpus Christi waterfront was almost two miles in length, significantly larger than in other cities, and it presented a remarkable opportunity for development. He said the scale of the bayfront reinforced the idea of creating distinctly different zones in the adjacent areas. Mr. Ward said the design team has observed in other cities that urban waterfront planning typically is geared toward integrating redevelopment of adjacent vacant parcels, creating a balance and synergy between private development and public spaces. He remarked that there were significant vacant parcels on Shoreline Boulevard. He said the public investment in the waterfront would make it more attractive and serve as a catalyst for redevelopment. Mr. Ward also discussed the importance of the careful design of streets, parking and transit. He said two planning issues were to provide access and visibility to the water, incorporating pedestrian accessibility, vehicular accessibility, and a relationship to the road. He said research shows that successful urban spaces have visibility from public roads. Mr. Ward stated that other master planning issues were to program the public space of everyday uses, such as walking, jogging, cycling, and roller blading. In addition, he said incorporating space for festivals, special events, and food and beverage service was desirable. Mr. Ward stated that other key waterfront park design issues were planting for shade, wind, and other environmental considerations, which could be challenging in a coastal microclimate. He said the Corpus Christi bayfront was currently open and exposed to the elements. Mr. Ward discussed the public input and analysis stage of the planning process to date. He noted that the design team held six public meetings before beginning the planning process. He said the team showed a number of slides of waterfronts in other cities at the meeting as a way to elicit comments. Mr. Ward discussed the results of the bayfront master plan questionnaire that was distributed to the public. He said there was substantial support for improvements to create pedestrian and walk paths; shaded benches and grassy areas; boat and fishing amenities; include food and beverage service; and bike and skate trails. He also reported that 85 percent of the respondents said they were in favor of the development of a waterfront park along the bayfront in downtown Corpus Christi. He said 88 percent of respondents felt that there should be an increase in available public parking. Finally, he said there were mixed responses to preserving the coliseum building, with 45 percent of respondents in favor and 55 percent opposed. Mr. Ward reviewed the findings from the public workshops to date. Regarding traffic and parking, he said that parking on Shoreline Drive was considered to be essential, and a view from a car was appreciated. Regarding the use of the waterfront public space, he said there was support for the following amenities: recreational use - paths, trails, bikes; more green, park-like setting; more amenities, appealing to all users; and support of small scale spaces. Regarding downtown redevelopment, he said there was support to link it to the bayfront improvements. Regarding Minutes - Regular Council Meeting April 13, 2004 - Page 16 waterside use, he said public provided the following feedback: some of the most appreciated views are to the boating activity; enhancement of access and pedestrian use of the L-heads and T-heads; upgrading the marina, adding space for large yachts; and creating a place for junior sailing programs. Regarding entertainment uses, he said the majority preferred locating these uses on North Beach. He said there was limited support for a new downtown beach. Finally, he said there was interest in the possibility for public and private adaptive reuse of the coliseum, especially by the local AIA chapter. Mr. Ward discussed the strengths and weaknesses of the bayfront today. He said the weaknesses were as follows: dominance of roads and vehicles; large surface parking lots; lack of shade; lack of landscape diversity; and lack of amenities. He said the strengths were as follows: views to water; weather; water; opportunities for water access; two miles of continuous waterfront; and uninterrupted pedestrian walkway. Mr. Ward introduced Mr. Kevin St. Jacques with Wilbur Smith Associates to discuss the realignment of Shoreline Drive and its effect on traffic. He said Mr. St. Jacques would discuss the possibility of reducing the number of lanes on Shoreline Boulevard to increase the green space, making a more attractive setting. Mr. St. Jacques described the existing traffic conditions on Shoreline Drive today. He said there were 20,000 vehicles using Shoreline Drive each weekday, and approximately 1,250 vehicles per hour at peak times. He said there were three lanes in each direction and an 80-foot median. He said peak hour traffic is only 45 percent of capacity. He said the question was to maintain the six- lane roadway, or use a four-lane boulevard with left turn lanes to make the roadway more in tune with the atmosphere. Mr. St. Jacques provided a graph illustrating Shoreline Drive's Daily Traffic Operations at present and projected until 2025, using a six-lane scenario and the four-lane scenario. He concluded that the four-lane scenario would probably be able to handle traffic for the next 50 years. Mr. St. Jacques provided the results of his analysis of the future traffic demands on Shoreline Boulevard. He said that current morning and afternoon peak traffic is 50 percent of the capacity of the proposed four lanes with turn lanes. He said peak traffic could double within the four-lane configuration, and the roadway would be able to handle it. He said most traffic growth is projected to be off-peak, due to special events in the evening. Mr. St. Jacques also discussed the parking issues on Shoreline Boulevard. He said the current linear arrangement of parking along the corridor was supported by the public. In addition, he said there was a need for parking clustered at attractions, and a need to maintain or increase the parking supply. He concluded that the opportunities were to narrow the roadway to two travel lanes in each direction and maintain curbside parking, adding clusters of parking if necessary. Mr. Ward returned to discuss the four bayfront planning and design options. In Option 1, Shoreline Boulevard (four-lanes with left turn lanes) would be shifted to the west. He said this option would provide cross streets to the L-heads and T-heads, and would create continuous park land along the water. He said the disadvantage was that it totally removed the car from the water's edge. Minutes - Regular Council Meeting April 13, 2004 - Page 17 In Option 2, Mr. Ward said Shoreline Blvd. would be shifted to the west north of Lawrence Street. He said the benefits were that it would create cross streets to the L-heads and T-heads, and drop-offs. In addition, Shoreline would remain a waterfront boulevard along the Coliseum, and Shoreline northbound could be shifted west during weekends and festivals. In Option 3, Mr. Ward said Shoreline Blvd. could be shifted west at the downtown segment. He said the benefits were as follows: cross streets to L-heads and T-heads; Shoreline remains a waterfront boulevard along the coliseum and near the convention center; and Shoreline at the coliseum and convention center northbound could be shifted west during weekends and festivals. Finally, in Option 4, Shoreline Blvd. could run along the water downtown, and parks would be created to the north in the arts district and south. He said in this plan, a series of small parks could connect downtown at the marina; and all downtown streets would extend to the water. He said the design team was recommending Option 4 at this time, but more input from the Council and the public needed to be obtained on all the options before a final decision could be made. He said this arrangement would create multiple and flexible festival sites, the south park being more suitable for larger festivals. Mr. Ward depicted the design character of Option 4. He showed a cross-section of the proposed downtown road portion, pointing out that the four-lane road was near the water's edge, and provided continuous curbside parking. In addition, the road was shifted slightly away from the water's edge to create two zones for pedestrian use. Mr. Ward described several downtown park opportunities, including view corridors, sculpture gardens, interactive water features, and water gardens. He also showed a plan for a park at the Peoples Street T-head which could serve as a focal point for the waterfront. Mr. Ward showed a cross-section of the proposed North Waterfront Park, in which the roadway was shifted to the west and the park was alongside the water's edge. He said a focal point, such as a sculptural piece with a pedestrian bridge, would be impressive at the end ofi-37 where it meets the water, serving as a powerful symbol of the city for visitors. Mr. Ward briefly discussed ideas for the South Waterfront Park. He said the design team was in support of the adaptive reuse of the coliseum, suggesting the addition ora "pleasure pier" and additions of park space. Mr. Ward reemphasized how the bayfront park could serve as a catalyst for downtown development. He showed how the various streets in the bayfront park area all led to downtown. Finally, Mr. Ward described the next steps in the process as follows: determine the direction and preferred option for the Master Plan; determine the conceptual costs; develop phasing and funding strategies; and develop a project and schematic design. In addition, Mr. St. Jacques provided an animation of how Shoreline Boulevard would function as a four-lane roadway with left- turn lanes. Council Member Colmenero asked if the plan had incorporated the RTA's proposed streetcar system along the waterfront. Mr. Ward replied that the RTA had made presentations on the Minutes - Regular Council Meeting April 13, 2004 - Page 18 proposed streetcar system at the public meetings. He said the public response indicated a lack of support for locating the transit line along the waterfront, citing serious concerns about the streetcar system competing with other uses along the waterfront and aesthetic issues. He added that good transit planning normally locates the transit line where it is shared by a population on both sides of the line, which would not occur if the line was sited on Shoreline Boulevard. Mr. Gignac also said that the RTA had indicated that their viability study would not be complete until this summer, which was well beyond the design's team deadline to complete their study. He said, however, that a transit line on Shoreline Boulevard could be incorporated into the design if needed. Mr. Garrett expressed concern about ensuring pedestrian safety in getting from the downtown hotels to the waterfront. Mr. Gignac replied that if the public and the Council were to embrace Option 4, the major downtown hotels would lead out directly to a park. Thus, pedestrians would navigate a much shorter crossing across a smaller roadway from the park to the water's edge, very different from today's scenario. Mr. Ward added that the plan added more intersections, fewer lanes of traffic, and wider sidewalks, combining to foster pedestrian safety. Mr. Garrett commented that Option 4 seemed to provide continuous views of the water. Mr. Ward replied that the view would actually be obscured momentarily on Shoreline near the proposed South Waterfront Park by the coliseum, then the water came back into view near the marina and downtown. He said this added a sense of drama when approaching the city from the south. Mr. Garrett asked if the design team had taken into account the continuous wind that pervades the area. Mr. Gignac replied that the wind conditions would have to be taken into consideration when planning for plant material and sheltered areas. Mr. Ward added that glass screens and panels have been used in other cities to provide shelter from the elements. Regarding the planting materials, he recommended planting trees in groves so they could shelter each other. He said the design should avoid overly geometric landscapes because the wind would alter them. He also said native trees like mesquites matured in interesting forms in response to the coastal microclimate. Mr. Scott was appreciative that the team had incorporated aspects of previous designs in their plan, especially Dr. McCntcheon's suggestion to add a breakwater. Mr. Scott asked the team to look into Mr. Veteto's plan for the coliseum further. Mr. Scott also commented about the wind conditions in the city. He observed that most Texas coastal cities, except Rockport, relied on manmade shade structures rather than natural shade from trees. He asked if the design team felt they could incorporate trees for shade into the landscaping. Mr. Ward replied that it was a serious issue that would be considered in the landscape plan. He said manmade structures such as pavilions could also be incorporated to provide shade and shelter. Mayor Neal called for a brief recess to present proclamations. The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. John Nelson, 7125 Cano Lane, expressed concern about tax increases. Mr. Jack Gordy, 4118 Minutes - Regular Council Meeting April 13, 2004 - Page 19 Bray Drive, spoke regarding the City Council's Chamber of Commerce dues. Mr. Rolando P. Garza, 2854 Alvin Drive, spoke regarding the City Employees Union's relationship with the City Council. Mr. Sirfrederickvonusa King 72, 905 Cleveland Street, spoke regarding the closing of AEP power plants in the area. Mr. Wayne Hodge, President of the Corpus Christi Police Officers Association on 3122 Leopard, spoke regarding the need for more police officers. Mayor Neal called for a brief recess. The Council returned fi.om recess, and Mayor Neal deviated fi.om the agenda and referred to Item 31. A motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. C0304-01, City of Corpus Christi: A change of zoning fi.om a "R-lB" One-family Dwelling District to a "R-lC" One-family Dwelling District. The property is in Airport Park Subdivision, Block 4, being the south 48 feet of Lot 5, located along Post Avenue to the east and 150 feet south of Eastern Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R- 1C" One-family Dwelling District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public heating, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 025712 Amending the Zoning Ordinance, upon application by the City of Corpus Christi by changing the zoning map in reference to Airport Park Subdivision, Block 4, south 48 feet of Lot 5 from "R- 1B" One-family Dwelling District to "R- 1C" One-family Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal referred to Item 33, and a motion was made, seconded and passed to open the public heating on the following zoning case: Case No. 0304-04, Asset Max, L.P.: A change of zoning fi.om a "R-lB" One-family Dwelling District to a "AT" Apartment Tourist District. The property is in Padre Island, Section E, Block 2, Lots 1 and 2, located along Aruba Drive to the east and 200 feet west of Leeward Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval Minutes - Regular Council Meeting April 13, 2004 - Page 20 of the "AT" Apartment Tourist District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 33. ORDINANCE NO. 025714 Amending the Zoning Ordinance, upon application by Asset Max, L. P., by changing the zoning map in reference to Padre Island, Section E, Block 2, Lots 1 and 2, from "R-lB" One-family Dwelling District to "AT" Apartment House District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal referred to the remaining presentations on the day's agenda. The next presentation was Item 35 regarding the status of Air Quality Planning and Research in the Corpus Christi Urban Airshed. Mr. Bill Hennings, Chairman of the Corpus Christi Air Quality Committee, reported that the our urban airshed is currently in attainment of the National Ambient Air Quality Standard (NAAQS) for Ozone. He said the committee has actively promoted programs to maintain that status, including the execution of an 03 Flex Agreement with the US Environmental Protection Agency and the Texas Commission on Environmental Quality. He said the first progress report required under that agreement was prepared for submission to these agencies. He referred to a chart depicting annual maximum ozone levels, noting that ten years ago, the community was on the verge of being declared in non-attainment for ozone. However, he said in ensuing years, progress has been made to reduce the levels, despite the effects of growth. Mr. Hennings stated that for the last several years, he has mentioned a new proposed ozone standard based on an eight-hour average instead of a one-hour average. He said the standard had still not been fully implemented due to a series of delays. He said the implementation has reached the point where recommendations have been made by the governor for a designation of non- attainment areas, but Corpus Christi was not one of them. He said, however, that the city remained close to exceeding the standard. Thus, he said the proactive measures taken over the past several years needed to be continued. Mr. Hennings mentioned one significant project that the committee was recommending this year, the remote vehicle exhaust emissions sensor. He said this device measured the pollution from exhaust pipes of vehicles as they drove by. He said the device would be used to identify the five percent of cars and trucks that produce 60 percent of vehicle pollution. He said the expectation was that most of the owners of the polluting vehicles would voluntarily repair their vehicles upon notification. Minutes - Regular Council Meeting April 13, 2004 - Page 21 Mr. Hennings discussed another measure on the planning horizon, the promotion of a telecommuting program in the community. He said the goal of the program was to provide individuals with the option to work out of their homes some days of the week, rather than commute to the office. He said they would work with the Chamber of Commerce and various businesses to promote this measure. Mr. Hennings discussed two other areas of committee activity. First, he briefly discussed fine particulate matter pollution, one of the NAAQS standards for pollution. He said they have learned that the community will be in attainment with the proposed new standard in this area. He mentioned that the largest source of fine particulate matter in the city was the fireworks on New Years Eve. Second, he reported on benzene monitoring levels, being monitored at a site on Huisache Street. Although there was no ambient air standard for benzene, there were environmental screening levels which are set at an order of magnitude less than the levels believed to be harmful to health. He said the benzene levels recorded on Huisache Street were found to be somewhat above the environmental screening levels. Consequently, he stated that a number of industries in the area have jointly undertaken a more intensive monitoring program to identify sources and eliminate them. Mr. Hermings thanked the Council for their leadership and support in keeping the city's air clean. Mayor Neal thanked Mr. Hennings for his efforts. The next presentation was Item 36, a report on the Proposed Vacant Building Ordinance. Assistant City Manager Margie Rose reported that the goals of the proposed ordinance were as follows: establish a program for identification and registration of vacant properties; determine the responsibilities of owners of vacant buildings/structures; and provide for administration, enforcement and penalties. Ms. Rose said one of the purposes of today's presentation was to provide a concrete definition of a vacant building. She said that according to the ordinance, a vacant building or structure means a building or structure that is any of the following: unoccupied and unsecured; unoccupied and secured by other than normal means; unoccupied and dangerous; unoccupied and condemned; occupied by unauthorized persons and unsecured; occupied by unauthorized persons and secured by other than normal means; unoccupied with two or more property maintenance code violations within the previous 12 months; condemned and illegally occupied; and unoccupied for a period over 365 days and during which time the administrator has issued an order to correct any nuisance condition. Ms. Rose discussed the first goal of the ordinance, to establish a program for identification and registration of vacant properties. She said the ordinance would require the owner to register the vacant building/structure with the City within 30 days after the vacant building/structure was vacant. She said the city would provide a registration form that will request basic information. She highlighted one area of the registration form that would require the owner to show a plan and timetable for returning the building/structure to the appropriate use or for demolition of the vacant building/structure. Finally, Ms. Rose stated that if ownership of the building/structure is transferred, the new owner must register or re-register the building/structure within 30 days of transfer. Ms. Rose reviewed the proposed fees in the ordinance. She said the annual registration fee was $360. She said, however, that if the owner submits a change or amendment to the registration Minutes - Regular Council Meeting April 13, 2004 - Page 22 plan and timetable, they would pay half of the annual vacant building/structure registration each time a change or amendment is submitted to the city. Ms. Rose then discussed the second goal of the ordinance, to determine the responsibilities of owners of vacant buildings/structures. She mentioned the responsibilities as follows: the owner must clean the vacant building/structure; the owner must secure, or board up, the vacant building/structure in accordance with the "board up" specifications in this ordinance; if the boarding up fails to keep the building secure, the owner must install a fence around the structure; if boarding, fencing, and/or using electronic monitoring systems or other methods fail to secure the building/structure, the owner must have a watchman on duty at certain times during the day until the building is either legally occupied or demolished; the City may inspect any premises to ensure compliance; the City may assess a re-inspection fee orS 1 O0 against the owner for each re-inspection for continuous monitoring to ensure compliance; and the Council will receive a list of current and previously vacant building/structures every six months. Finally, Ms. Rose discussed the third goal of the ordinance, to provide for administration, enforcement, and penalties. She said that once the city found a violation, the owner would be served with written notice and an order to abate. She said the owner may be given 60 calendar days to abate. If the owner failed to abate, however, she said the City may, without further notice, abate the violation. She said the owner becomes liable for any costs incurred by the city, including administrative expense, materials and labor. She said if the owner fails to pay when invoiced, the City will file a lien on the property for expenses incurred. She noted that the owner may appeal any decision of the city to the Building Standard Board. She said a violation of ordinance was punishable by a fine up to $2,000, and any person convicted of a subsequent violation of this ordinance may be fined not less than $500, nor more than $2,000. Ms. Rose briefly discussed the exemptions in the ordinance. She said a building/structure that suffers fire damage is exempt from the registration requirement for a period of 90 days aRer a fire, if the owner submits a request for exemption in writing to the City. She added that the owner will be requested to provide pertinent information. Mr. Colmenero spoke in support of the proposed ordinance. He asked how long it would take to implement the ordinance. Ms. Rose replied that a public information campaign would first be initiated, followed by implementation. She said the implementation should not take long. Mr. Scott asked if the Downtown Management District had received a copy of the proposed ordinance. Ms. Rose replied affirmatively, saying that staffwas awaiting their feedback. Mr. Scott asked if the proposed ordinance was suggesting other methods of securing buildings besides boarding them up. First Assistant City Attorney Jay Reining answered that the ordinance was designed to use "progressive discipline", giving property owners the flexibility to use locks on doors and windows, for example, before moving to more severe measures such as boarding up or hiring a watchman. Ms. Rose said the city does not want to encourage boarding up as the first option; rather, the code enforcement administrator would work with the property owner to find alternatives. Mr. Scott spoke in support of this, because boarding up a property could devalue neighboring properties. Mr. Kinnison pointed out that although the downtown area immediately came to mind as the Minutes - Regular Council Meeting April 13, 2004 - Page 23 primary source of vacant buildings, this ordinance was in effect citywide. City Manager Noe added that there were other neighborhoods that have similar problems with vacant buildings, and the NIP program would use this ordinance as an important tool. Mr. Kinnison asked when the ordinance would be implemented. City Manager Noe said he had asked staff to present it to the DMD, local realtors, and the Chambers of Commerce first. He said hopefully, staffwould be able to bring this item back for consideration at the next Council meeting, if they could obtain sufficient input. If not, then he said the item could come back in two weeks. The next presentation was Item 37, the second quarterly report of the Benefits/Risk Management Fund. Ms. Cynthia Garcia, Director of Human Resources, began the presentation by discussing the health benefits plans. She showed a graph depicting health benefits claims activity from August 2001 to January 2004. She pointed out that the claims numbers for the last three months had appeared to decline and stabilize. She showed another graph depicting the dollars paid by plan including prescriptions through the end of February 2004. She noted that the costs have declined since October to a more reasonable level, and appear to have stabilized. Ms. Garcia said staffwas monitoring claims and costs activity closely. She said they anticipate upward movements in cost because deductibles and out-of-pocket expenses are being met by this time of year. Nonetheless, she said staffremained cautiously optimistic. Ms. Garcia showed two more graphs illustrating the cost per claim and expected cost per member for each health benefits plan (Citicare, Police and Fire). She said the Public Safety and Fire plans were richer plans, resulting in higher costs per member. Finally, Ms. Garcia discussed a comparison of FY 2003-04 year-end claims estimates and FY 2004-05 budgeted claims. She noted that premiums were raised 20 percent in FY 2003-04, resulting in a budget amount of $17,676,000 for health insurance. She said if utilization and costs continued as the trend lines shown earlier, she estimated that the final costs should be approximately $15,017,000. For FY 2004-05, she said the actuarial analysis of incurred but not paid costs (IBNR), inflation rates, and future experience projected increases in Citicare of 15 percent, Fire - 14 percent, and Police - 19 percent. She said these increases would cover the estimated 12 percent inflation in medical costs, and begin to create a reserve for INBR costs. Mr. Quentin Masters, Benefits Manager, explained that the reserve fund would allow for more stability in the plans. Ms. Garcia then reported on the status of the Workers' Compensation and Liabilities plan. She said the number of claims filed for the first six months of FY 2004 were comparable to those incurred in the first six months of 2003. She said, however, that the incurred costs for these cases has increased because of the increased cost of medical services and the inflation in medical costs. Ms. Garcia then reviewed the incurred costs by department. Mr. Scott noted that the there were dramatic increases in the Police department's costs. Ms. Garcia also referred to graphs detailing types of claims for the first six months of the fiscal year and types of injury. She noted that strains were still the most common type of injury reported, but said that compared to other fiscal years, the numbers have decreased. She attributed the decrease to improvements in employee training. Mr. Kinnison asked what percentages were being projected for health insurance increases. Assistant City Manager Mark McDaniel stated that at this time, staff was projecting 10 percent increases for at least the next two years for all three plans. He said the actuary has proposed this number because of national trends in health care, but staff would evaluate this every year. Minutes - Regular Council Meeting April 13, 2004 - Page 24 The final presentation was Item 38, regarding a City Hall Space Utilization and Needs Analysis and Proposed Renovations by the design consultant. Mr. John Dykema with Dykema Architects, provided the results of the needs analysis. He said the process began several months ago, and included interviews with each department head to determine their needs. He noted that each department said they would like more conference rooms. He also reviewed the AC system to see if improvements could be made to provide better humidity control and climate control of the building. In addition, he said he reviewed the ongoing problem with leaks in the building. Then, Mr. Dykema said he looked at various cosmetic issues, such as carpet and paint. Finally, Mr. Dykema said cost estimates were made to address these issues. Mr. Dykema reviewed the proposed renovations for the basement to the Fifth Floor of City Hall. He said the Park and Recreation Department would be relocated to the Third Floor (from First and Second Floors). He noted that Senior Community Services would remain on the First Floor, and next to them, the Call Center would be created. He said the City Secretary's Office and the Mayor's Office would expand on the First Floor, the Human Relations department would move to the First Floor, and adjustments to the Human Resources/Neighborhood Services would be made on the Second Floor. Next, he said MIS would expand to the Fourth Floor and in the Basement along with the relocation of Field Services. He said the Legal Department would expand on the Fifth Floor, while the offices of the City Manager, Assistant City Managers, Safety, Finance and Engineering would be adjusted and changed. Mr. Dykema concluded that as a result of the project, the building would receive a cosmetic facelifi, climate-control improvements, water intrusion issues would be addressed, and employee workspaces would generally be improved. He felt the net results would improve employee morale and efficiency. Mayor Neal asked for a timeline on the project. Mr. Dykema replied that the project would take approximately two years. He said the complicated part was timing the changes to minimize lost time from work. Mr. Kinnison asked how much of the money from the settlement was being set aside for the improvements. City Manager Noe replied that there was actually $6 million in settlement money which the Council had set aside for one-time improvements. He said the proposed renovations would cost approximately $2.6 million. Mayor Neal opened discussion on Item 39 regarding a contract for architectural services for the City Hall Renovation Phase 2 Project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 39.a. ORDINANCE NO. 025715 Ordinance appropriating $210,000 from unappropriated settlement proceeds in City Hall Capital Improvement Program Fund No. 3160 for architectural services for the City Hall Minutes - Regular Council Meeting April 13, 2004 - Page 25 Renovation Phase 2 Project; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $210,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 39.b. MOTIONNO. 2004-150 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $194,000 for City Hall Renovation Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 40 regarding a contract for the design and fabrication of the airport art piece. Ms. Linda Hodge, Assistant Director of Programs for the Park and Recreation Department, made a brief presentation on the proposed piece by Ms. Shan Shan Sheng, a Chinese-American artist from California. Ms. Hodge briefly described the piece as a hanging mobile made of large pieces of glass, and she provided a photograph of what the piece would like in the airport. She said it was an abstract piece, but the bright colors and interesting design would appeal to all. She noted that Ms. Sheng's project had been chosen out of 52 proposals. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 40. MOTION NO. 2004-151 Motion authorizing the City Manager or his designee to execute a contract with Shan Shan Sheng in the amount of $106,000 for the design and fabrication of the airport art piece. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Noyola, voting "Aye"; Scott and Kelly were absent. 41. Mayor Neal announced the executive session, which was listed on the agenda as follows: Executive session under Texas Government Code Section 551.087 for deliberations relating to an offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action related thereto in open session. The Council went into executive session. Minutes - Regular Council Meeting April 13, 2004 - Page 26 The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe announced an open house at the new fire station on the island tomorrow afternoon. He said the City/County Health District was assembling a number of vaccination teams to administer vaccinations at target CCISD schools from April 14- May 14. He said on April 14, the LEPC would hold a full-scale drill at the O.N. Stevens Water Plant. He said the Environmental Programs section, in cooperation with the Daisy Girl Scouts, would hold a tree planting ceremony on April 15 at 4:00 p.m. in honor of Earth Day. He announced that there would be a series of community meetings to obtain input on the Bayfront Master Plan. He said there would be a meeting today at 6:00 p.m. at the Convention Center on this subject. He also said an interactive meeting would be held live on CCTV on April 15. Finally he mentioned a number of items scheduled for the April 20 meeting: CDBG hearings (scheduled for 2:00 p.m.); vacant building ordinances; Bond 2004 discussion; and the Padre Island Development plan. Mayor Neal called for Council concerns and reports. Mr. Noyola asked if the public had been informed that the CDBG hearings had been changed from 6:00 p.m. to 2:00 p.m. Mayor Neal said the city had provided as much public notice as possible about the time change. He said the change had been made due to the change in the start time for the council meetings. Mr. Scott announced that on Wednesday evening, an Open House on the 1-69 Corridor would be held at the TxDOT training room from 6:00 p.m. to 9:00 p.m. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:45 p.m. on April 13, 2004. 2 COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - One (1) vacancy with term to 8-31-04 representing the category of 78415 resident. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent {City of Corpus Christi) or any organization submittin~ a orooosal for fundin~ through the CYD Progran~ or their immediate family members, may serve on the committee. An expiration date for this committee was set as August 31, 2004, unless funds for the program end sooner. MEMBER TERM *Veda Gene Varino (78415 res.),Chair 8-31-04 Alfred Cardona (78415 Res.) 8-31-05 Dick Leonard 8-31-04 Lynda Jean Richter (78415 ResidenO 8-31-04 Daniel Ramos 8-31-05 Andrea Walter 8-31-05 Coretta Graham 8-31-05 Cynthia Rodriguez (78415 Resident) 8-31-04 Ellie Cardona (78415 ResidenO 8-31-04 Erica Tello (Youth) 8-31-05 Brittani Booker (Youth) 8-31-04 ORIGINAL APPTD. DATE 9-12-00 1-20-04 4-25-00 8-19-03 12-16-03 8-21-01 4-29-03 12-17-02 3-02-04 12-16-03 12-16-03 *Resigned INDIVIDUALS EXPRESSING INTEREST Kimberly A. Riggans Assistant Principal, Tuloso-Midway Primary School. Received B.S. from Texas A & M - College Station and M.S. in Educational Administration from Texas A & M University - Corpus Christi. Activities include: Delta Kappa Gamma Society International for Womens Educators - Chapter President, Association for Supervision and Curriculum Development, National Association of Elementary Supervisors and Principals, and Sponsor of Cherub Choir and For Your Inspiration Youth Choir. (78415 Resident) (2-23-04) Henri Mae Tillis Senior Companion Program member. Attended Prairie View A & M. Active treasurer of church choir. (78415 ResidenO (1-28-04) 3 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 20, 2004 AGENDA ITEM: Item A: A resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $62,112.00 for personnel, fringe benefits, travel, and supplies for an immunization program. Item B: An ordinance appropriating a grant from the Texas Department of Health in the amount of $62,112.00 for personnel, fringe benefits, travel, and supplies, to maintain an immunization program in the No. 1066 Health Grants Fund; and declaring an emergency. ISSUE: Immunization services are among a vadety of preventive health services offered by the Health District that are funded by the Texas Department of Health (TDH). Immunization funding (Attachment No. 2 to Contract 7460005741-2005) in the amount of $62,112.00 covers personnel, fringe benefits, travel, and supplies to maintain an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. Systematic approaches have been designed to eliminate barriers, expand immunization delivery, and establish uniform policies to immunize preschool-age children. Attachment No. 2, for immunization services, is one of two disbursements to continue services through December 31, 2004. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: None FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for continuation of immunization services. (Department Read Signature) BACKGROUNDINFORMATION BACKGROUND: The Texas Department of Health has supported the Health District Immunizations Program through grant funding for many years. Texas Department of Health is in the process of placing many of its contracts on a calendar year schedule, rather than a fiscal year schedule. The Immunizations Program of the Health District has provided 48,166 immunizations to 26,759 persons during the past year. In addition to direct client services, the contract supports promotion of the need for immunizations to the general public and the medical community, as well as surveillance and investigation of vaccine- preventable diseases. It also enables the Health District to provide audits of schools and day care centers' to assist them in complying with state requirements for immunization of children. This contract requires no matching funds. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER°S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $62,112 FOR PERSONNEL, FRINGE BENEFITS, TRAVEL AND SUPPLIES FOR AN IMMUNIZATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept a grant from the Texas Department of Health in the amount of $62,112 for personnel, fringe benefits, travel and supplies for an immunization program. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 5, 2004 Lisa Aguilar (..) Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Apr 13 2004 TDH doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $62,112 FOR PERSONNEL, FRINGE BENEFITS, TRAVEL AND SUPPLIES TO MAINTAIN AN IMMUNIZATION PROGRAM IN THE NO. 1066 HEALTH GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $62,112 is appropriated in the No. 1066 Health Grants Fund from the Texas Department of Health for personnel, fringe benefits, travel and supplies to maintain an immunization program. 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: April 5, 2~004 Lisa Aguilar (.) Assistant CityAttorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas day of _, 2004 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, Samuel L NeaI, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 4 AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: Gift Agreement with the Corpus Christi Public Library Foundation which provides up to $35,000 for technology AGENDA ITEMS: A. Motion to authorize the City Manager or the City Manager's designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation to accept gift of up to $35,000 to purchase an automated library system and provide matching funds for technology grants for the Corpus Christi public libraries. B. Ordinance appropriating gift of $24,500 from the Corpus Christi Public Library Foundation in the No. 1020 General Fund for an automated library system; amending the FY 2004 Operating Budget adopted by ordinance number 025394 to increase appropriations by $24,500. ISSUE: The Corpus Christi Public Library Foundation is providing the City with a gift of up to $35,000 to support the upgrade of the Dynix automated library system and to provide matching funds for a Bill and Melinda Gates Foundation grant. The amount available for the Dynix upgrade, $24,500, matches the amount needed for new user licenses for the five local independent school districts which participate in the shared automated library system known as LINCC (Library Information Network of Corpus Christi), established in 1996. In the mid- 1990's the Library Foundation raised over $500,000 to upgrade the existing automated library system and to expand the network to the nine public high school libraries in Corpus Christi. Part of the donated funds was paid to the Library Foundation over several years as a multi-year pledge and these funds have been used to extend the life of the system through the purchase of new hardware and is now being used to provide for the upgrade. The balance of $10,500 will be paid to the City when the Gates Foundation matching funds become available later this year. Corpus Christi was an earlier recipient of a Gates Foundation grant in excess of $225,000 and the Gates Foundation recently announced that a reduced amount will be available to public libraries in several states including Texas this year. Matching funds will be required and the amount to be provided by the Library Foundation is the expected required matching amount. REQUIRED COUNCIL ACTION: Execution of contracts and appropriation of funds require City Council action. RECOMMENDATION: Staff recommends acceptance of gift and appropriation of funds. Herb Canales Director of Libraries ORDINANCE APPROPRIATING $24,500 FROM THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION IN THE NO. 1020 GENERAL FUND FOR AN AUTOMATED LIBRARY SYSTEM; AMENDING FY 2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 TO INCREASE APPROPRIATIONS BY $24,500; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $24,500 is appropriated from the Corpus Christi Public Library Foundation in the No. 1020 General Fund for an automated library system. SECTION 2. That the FY 2004 Operating Budget adopted by Ordinance No. 025394 is amended by increasing appropriations by $24,500. 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 this the day of ,2004. ATTEST THECITYOFCORPUSCHRISTI Armando Chapa City Secretary Approved: April 12, 2004 Lisa Aguilav Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of ,2004 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, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 5 AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: Provides for the upgrade of a shared automated library system and a five year maintenance contract AGENDA ITEMS: A. Motion to authorize the City Manager or the City Manager's designee to execute a Purchase and License Agreement with Dynix Corporation for $129,539 based on sole source to upgrade the existing automated library system. B. Motion to authorize the City Manager or the City Manager's designee to execute a Maintenance Agreement for five years with Dynix Corporation for estimated five year cost of $138,000 for maintenance of the automated library system based on sole source. ISSUE: The Dynix automated library system was installed at the library in 1987 with over $540,000 in private funds. In the mid-1990's the system was upgraded to include public high school libraries The Corpus Christi Public Library Foundation raised over $500,000 for the upgrade. The current version of the automated library system is being phased out and has been replaced with a Windows-based system. Dynix has offered over $71,000 in discotmts to encourage migration to the new system. The total purchase price of $129,539 provides for new software, two servers, training and migration costs. The five-year maintenance contract provides for single-point-of-contact with Dynix Corporation. The total cost of the maintenance contract over the five-year life of the contract is $138,000. The City's portion is $108,000 (78%) and the combined portion for the school districts is $30,000 (22%). The allocation is based on user license maintenance. The schools do not pay a portion of maintenance costs of the web server or telecommunications equipment which they do not use. The City's level of activity on the system is estimated at 92% and the combined school level of activity is 8%. Over $250,000 is expected to be saved in maintenance costs over the next five years. Savings in maintenance costs will be applied to the retirement of the $105,039 note which covers the purchase of the system and ~vill provide for the library's participation in the City's PC lease program. FUNDING: The Library Foundation is contributing $24,500 or 19% toward the $129,539 purchase price. The price would be higher if girls from the Library Foundation and grants from the Telecommunications Infrastructure Ftmd Board had not been available to purchase other equipment these past few years which has extended the life of the system. The balance needed for the purchase, $105,039, is being financed through the City's lease line of credit through the Bank of America. The interest rate is projected to be 2.5% with interest payments over the sixty (60) month life of the note estimated at $6,800. Large savings will be realized in annual maintenance costs for the next sixty (60) months. The net cost of the new system to the City over five years, which includes a PC lease program and with annual maintenance costs factored in and savings to be realized in maintenance costs, is estimated at $88,000. SUBJECT: Provides for the upgrade of a shared automated library system and a five year maintenance contract Page Two Maintenance costs will be budgeted on an annual basis. REQUIRED COUNCIL ACTION: Pumhases in excess of $25,000 require City Council approval. RECOMMENDATION: Staff recommends purchasing the new software and authoring the five-year maintenance contract. Herb Canales Director of Libraries 6 AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: Interlocal agreements with the five independent school districts in Corpus Christi providing for continued participation in a shared automated library system AGENDAITEMS: A. Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School Districts to continue to provide each high school library with access to a shared automated library system. B. Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with the Calallen Independent School Districts to continue to provide its high school library with access to a shared automated library system. C. Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with the Flour Bluff Independent School Districts to continue to provide its high school library with access to a shared automated library system. D. Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with the Tuloso-Midway Independent School Districts to continue to provide its high school library with access to a shared automated library system. E. Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with the West Oso Independent School Districts to continue to provide its high school library with access to a shared automated library system ISSUE: In 1996 the City and the five independent school districts established a shared automated library system known as LINCC (Library Information Network of Corpus Christi). The Corpus Christi Public Library Foundation raised over $500,000 for the project and the participating school districts agreed to contribute toward annual maintenance costs. The network has run successfully and is now scheduled to be upgraded. The new Interlocal Agreements represent the districts' continued interest in participating in the shared automated library system and their agreement to continue contributing to annual maintenance costs. REQUIRED COUNCIL ACTION: Execution of contracts require City Council approval. RECOMMENDATION: Staff recommends approval of Interlocal Cooperation Agreements. Herb Canales Director of Libraries RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO CONTINUE TO PROVIDE EACH HIGH SCHOOL LIBRARY WITH ACCESS TO A SHARED AUTOMATED LIBRARY SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. The City Manager or the City Manager's designee is authorized to execute an interlocal cooperation agreement with the Corpus Christi Independent School District to continue to provide each high school with access to a shared automated library system. A copy of the interlocal cooperation agreement is on file with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 12, 2004 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CALALLEN INDEPENDENT SCHOOL DISTRICT TO CONTINUE TO PROVIDE ITS HIGH SCHOOL LIBRARY WITH ACCESS TO A SHARED AUTOMATED LIBRARY SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute an intedocal cooperation agreement with the Calallen Independent School District to continue to provide its high school with access to a shared automated library system. A copy of the interlocal cooperation agreement is on file with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 12, 2004 Lisa Aguilar (2 Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT TO CONTINUE TO PROVIDE ITS HIGH SCHOOL LIBRARY WITH ACCESS TO A SHARED AUTOMATED LIBRARY SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute an interlocal cooperation agreement with the Flour Bluff Independent School District to continue to provide its high school with access to a shared automated library system. A copy of the interlocal cooperation agreement is on file with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 12, 2004 By: '-~_.-~'~ ~ Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ., 2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT TO CONTINUE TO PROVIDE ITS HIGH SCHOOL LIBRARY WITH ACCESS TO A SHARED AUTOMATED LIBRARY SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute an interlocal cooperation agreement with the Tuloso-Midway Independent School District to continue to provide its high school with access to a shared automated library system. A copy of the interlocal cooperation agreement is on file with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 12, 2004 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANINTERLOCAL COOPERATION AGREEMENT WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT TO CONTINUE TO PROVIDEITS HIGH SCHOOL LIBRARY WITH ACCESS TO A SHARED AUTOMATED LIBRARY SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute an interlocal cooperation agreement with the West Oso Independent School District to continue to provide its high school with access to a shared automated library system. A copy of the interlocal cooperation agreement is on file with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 12, 2004 By: Lisa Aguila Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: Southside Water Transmission Main, Phases 2, 2A, 3 (Project No. 8274, 8389, 8276) AMENDMENT NO. 5 - Weber Road 16-Inch Diameter Water Line from Aaron Drive to County Road 43 (Project No. 8497) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract For Professional Services with Urban Engineering, Inc. in the amount of $71,625, for a total restated fee of $1,813,398, for the Weber Road 16-Inch Diameter Water Line from Aaron Drive to County Road 43 associated with the Southside Water Transmission Main, Phases 2, 2A, 3 Project. ISSUE: The proposed project will provide upgraded water capacity and pressure to the area of Weber Road and Aaron Drive. The total fee of $71,625 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Water Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. _E.dua.rd~.Eduard ar~/, P.E.,.. ~d~,-~., D~rector of Water Department ~g~l R'. Escobar, P. E., Oirector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H:\USERS2\HOME~VELMAR\GEN~WATER~8274~AMENDMENT NO. 5\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phases 2, 2A, 3 (Project No. 8274, 8389, 8276) AMENDMENT NO. 5 - Weber Road 16-Inch Diameter Water Line from Aaron Drive to County Road 43 (Project No. 8497) PRIOR COUNCIL ACTION: 1. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services in the amount of $1,247,003.00 with Urban Engineering for Southside Water Transmission Main, Phases 2, 2A, 3 (Motion No. M2001-162). 2. June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services in the amount of $454,125, for a total restated fee of $1,701,128, with Urban Engineering for Southside Water Transmission Main, Phases 2, 2A, 3 (Motion No. M2002-180). PRIOR ADMINISTRATIVE ACTION: 1. April 23, 2003 - Executed Amendment No. 2 to the Contract For Professional Services in the amount of $23,425, for a total restated fee of $1,724,553, with Urban Engineering for Southside Water Transmission Main, Phases 2, 2A, 3. 2. September 23, 2003 - Executed Amend ment No. 3 to the Contract For Professional Services in the amount of $9,400, for a total restated fee of $1,733,953, with Urban Engineering for Southside Water Transmission Main, Phases 2, 2A, 3. 3. December 29, 2003 - Executed Amendment No. 4 to the Contract For Professional Services in the amount of $7,820, for a total restated fee of $1,741,773, with Urban Engineering for Southside Water Transmission Main, Phases 2, 2A, 3. FUTURE COUNCIL ACTION: Approval of a construction contract necessary to complete the project as required. PROJECT BACKGROUND: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant to a new pumping plant, (Staples Street Pumping Plant), to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. Phases 2, 2A, and 3 are now under construction by Gamey Company. Amendment No. 5 will allow a tie-in to this phase of the project which will increase hydraulic capacity in this area of the city. AMENDMENT NO. 5: Amendment No. 5 consists of engineering services for design of a new 16-inch diameter water line to located in a utility easement along Weber Road from Aaron Drive to County Road 43. The new 16-inch main will be connected where the water transmission main intersects Weber Road in the recently constructed Southside Water I EXHIBIT"A" I Parle I of 2 H:\USERS21HOME~VELMAR\GEN\WATER/8274'~MENDMENT NO. 5'~GEN DA BACKGROUND Transmission Main, Phase 3. The proposed 16-inch diameter extension will tie into the water grid system at Aaron Drive to provide additional capacity and pressure to this area. Amendment No. 5 consists of the following services: Basic Services 1. Preliminary Design Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Additional Services 1. Permitting 2. Right-Of-Way Acquisition 3. Topographic Survey 4. Environmental Issues 5. Construction Observation Services 6. Start-Up Services 7. Warranty Phase Services H:\USERS~HOMEWELMA~GEN\WATE~8274~MENDMENTNO 5~GENDABACKGROUND File : ~Mproject~councilexhibits\exh8497, dwg C~O RI) 22 , LOCATION MAP PROJECT LOCATION NOT TO SCALE ~ LANDING FIELD v //~ ,/--...~4,,~...g~o~)/..~ ,,~~._ ~ N CZTY PROJECT NO. 8497 EXHZBZT "B" C~TY COUNCIL EXHZB~T ~ WEBER ROAD 16-INCH DIAMETER WATER OZP~r~E~ or E~EE~ SE~WC[S LINE ~ROM ~RON DR ~0 COUN~ RD 4~ PAGE: 1 of 1 ~ CI~ QF CQRPUS CHRISTI, TEXAS DATE: 04- 13-2004 ~ 8 CITY COUNCIL AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1 (Project No. 2174) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Goldston Engineering, Inc. in the amount of $886,305, for a total re-stated fee of $911,045, for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase I Project. ISSUE: The Lindale/Chenoweth Subdivision areas flood during times of frequent rain events. The proposed Contract provides for Design Phase Services, Bid Phase Services, and Construction Phase Services for the Lindale/Chenoweth Subdivision Area for the required improvements. This item requires City Council Action. FUNDING: Funding is available from the FY 2003-2004 Storm Water Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the Motion as presented. ,~ Valerie Gra~/JP.E., Director of Storm Water Department ~(r~el ~. 'Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit "B" Location Map Exhibit "C" Contract Summary H:\USERS2~HOME\VELMAR\GEN\ORAINAGE~2174\LARGE CONSULTANT CONTRC~OENDA MEMO BACKGROUNDINFORMATION SUBJECT: Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1 (Project No. 2174) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the FY 2003-2004 Capital improvement Program (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. September 15, 2003 - Executed Small NE Agreement for Professional Consultant Services with Goldston Engineering, Inc. in the amount of $24,740 for the Lindale Subdivision Drainage Improvements. FUTURE COUNCIL ACTION: Per Storm Water Capital Improvement Program, 1. Approval of a construction contract to complete Phase 1. 2. Approval of Amendment for design of Lindale Subdivision. 3. Approval of a construction contract to complete Phase 2. 4. Approval of a construction contract for ouffall rehabilitation at Alta Vista Drainage Outfall, located under Ocean Drive. PROJECT BACKGROUND: The "Lindale Subdivision" is bordered by Alameda Street, South Staples Street, Louisiana Parkway and Texan Trail. Currently, this subdivision experiences flooding and standing water during storm events. The "Chenoweth" area includes Hewit Estates, Los Amigos, Beekman Place and Alta Plaza subdivisions. These subdivisions also experience flooding during storm events primarily due to insufficient trunk main capacity. Collectively, these two areas are known as "Lindale/Chenoweth". PROJECT DESCRIPTION: It is proposed that the project will be divided into two (2) parts - Part A and Part B. The project locations are shown on Exhibit "B" Location Map. Part A Alta Vista Arroyo Trunk Main - Part A consists of underground improvements and a primary trunk main ("Alta Vista Arroyo Trunk Main") from Ocean Drive, through the Alta Vista Arroyo, up to near Chenoweth Drive. Part B Alta Vista Arroyo-Reid Drive Trunk- Part B improvements include a primary trunk main (Alta Vista Arroyo-Reid DriveTrunk Main) from near Chenoweth Drive, Katherine Drive, Lawnview and McCall Streets to the Reid Drive-McCall Street intersection. Part B also includes a secondary trunk main ("Reid Drive Trunk Main") which will convey runoff along Reid Drive from Harrison Street to the Reid Drive- McCall Street intersection and from Gordon Street to the Reid Drive-McCall Street intersection. EXH~ Pagelof3 II N:\USERS2'~HOME~VELMAR\GEN~DRAINAGE~21741 LARGE CONSULTANT CONTRAC~AGENDA BACKGROUND Surface improvements in the Chenoweth area includes Alta Vista Arroyo Area street repairs and seal coat surfacing along the trunk main route where it traverses through the Chenoweth area. Surface improvements in the Lindale area includes street repairs and seal coat surfacing for the primary and secondary trunk main; and, as funding is available, curb and gutter and sidewalk replacement within the subdivision for portions of Reid Drive and adjacent interconnecting streets (between Reid Drive and Alameda) from Harrison Street to Gordon Street. A drainage study of the drainage deficiencies in the Hewit Estates, Los Amigos and Beekman Place Subdivisions and the Texan Trail Area will be performed. Project locations are shown on Exhibit "B" Location Map. Future phases of design and construction will address these deficiencies and recommend construction sequencing and phasing. However, provisions will be made in the Phase I trunk main to provide connections of future underground storm drains. The contract for professional services consists of Basic Services and Additional Services as follows: Part A - Alta Vista Arroyo Trunk Main BASIC SERVICES · Design Phase Services · Bid Phase Services · Construction Phase Services ADDITIONAL SERVICES · Permit Preparation · Topographic Survey · Right-Of-Way Survey · Environmental Issues · Drainage Studies · Observation Services · Warranty Phase Services Part B Alta Vista Arroyo-Reid Drive Trunk BASIC SERVICES · Design Phase Services · Bid Phase Services · Construction Phase Services ADDITIONAL SERVICES · Permit Preparation · Topographic Survey H :\U S E R S2'~HO M E~VE L MAR\GEN~DRAINAGE~ 174\ LARGE CONSULTANT CONTRACT~AGE:NDA BACKGROUND IEXHIBIT "A" I Page 2 of 3 ~ · Right-Of-Way Survey · Traffic Control Plans · Public Meeting · Drainage Improvement Study · Observation Services · Warranty Phase Services H:\USERS2~HOME~VELMAR\GEN\DRAINAGE~21741 LARGE CONSULTANT CONTRACT~AGENDA BACKGROUND EXHIBIT "A" I LEGEND: TRUNK MAIN INLETS REPLACE CURB & GUTTER & SIDEWALKS DRAINAGE STUDY LIMITS LINDALE/CHENOWETH DRAINAGE IMPROVEMENTS - PHASE 1 EXHIBIT B pRoJ No. 2174- ID^TE: 03/08/04-1:)wc 0 CONTRACT SUMMARY LINDALE/CHENOWETH SUBDIVISION AREA DRAINAGE IMPROVEMENTS, PHASE 1 PROJECT NO. 2174 1. SCOPE OF PROJECT Part A Alta Vista Arroyo Trunk Main - Part A consists of underground improvements and a primary trunk main ("Alta Vista Arroyo Trunk Main") from Ocean Drive, through the Alta Vista Arroyo, up to near Chenoweth Drive. Part B Alta Vista Arroya-Reid Drive Trunk - Part B improvements include a primary trunk main (Alta Vista Arroyo-Reid DriveTrunk Main) from near Chenoweth Drive, Katherine Drive, Lawnview and McCall Streets to the Reid Drive-McCall Street intersection. Part B also includes a secondary trunk main ("Reid Drive Trunk Main") which will convey runoff along Reid Drive from Harrison Street to the Reid Drive- McCall Street intersection and from Gordon Street to the Reid Drive-McCall Street intersection. 2. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE - PHASE 1 PART A DAY DATE ACTIVITY Friday April 23, 2004 Begin Design Phase 60% Submittal and Draft Drainage Friday June 4, 2004 Report Friday June 18, 2004 City Review (2 weeks) June 18, 2004 to ROW Acquisition Phase September 17, 2004 100% Submittal and Final Drainage Friday July 9, 2004 Report Friday July 23, 2004 City Review (2 weeks) Friday July 30, 2004 Final Submittal Monday (2) August 16 and 23, Advertise for Bids 2004 Wednesday August 31, 2004 Pre-Bid Conference Wednesday September 8, 2004 Receive Bids Monday November 8, 2004 Begin Construction Weekday January 31, 2005 Construction Completion H:IUSERS2~IOME~VELMAR\GEN~DRAINAGE~2174\LARGE CONSULTANT CONTRAC I~CONTP. ACT SUMMARY EXHIBIT "C" Page I of 4 PROPOSED PROJECT SCHEDULE- PHASE 1 PART B DAY DATE ACTIVITY Friday April 23, 2004 Begin Design Phase 60% Submittal and Draft Drainage Friday August 20, 2004 Report Friday September 3, 2004 City Review (2 weeks) August 20, 2004 to ROW Acquisition Phase February 21, 2005 Friday October 15, 2004 100% Submittal Friday October 29, 2004 City Review (2 weeks) Friday November '19, 2004 Final Submittal November 29 and Monday (2) December 6, 2004 Advertise for Bids Wednesday December '15, 2004 Pre-Bid Conference Wednesday December 22, 2004 Receive Bids Tuesday February 22, 2005 Begin Construction Friday December 23, 2005 Construction Completion 3. FEES A= Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined, and for all expenses incurred in performing these services. For services provided in Basic Services, A/E will submit monthly statements for services rendered. In Design Phase and Bid Phase, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Construction Phase, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Additional Services the City will pay the NE a not-to- exceed fee as per the table below. NE will submit monthly statements for services rendered. The statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "C" I H:\USERS2\HOME~VELMARIGENIDP.~INAGE~2174/LARGE CONSULTANT CONTRAC I~CONTRACT SUMMARY Part A Fee for Basic Services 1. Preliminary Phase $0 2. Design Phase 74,860 3. Bid Phase 1,000 4. Construction Phase 2,300 Subtotal Basic Services Fees 78,160 Fee for Additional Services 1. Permit Preparation (Authorized) Texas Department of License and Regulation 550 Total Permitting 2. Topographic Survey (Allowance) 33,750 3. ROW Survey (Allowance) 10,000 4. Environmental Issues TBD 5. Drainage Improvement Study of Chenoweth Drive 11,950 (Authorized) 6. Drainage Improvement Study of Beekman Place, Los 23,350 Amigos and Hewit Subdivisions (Authorized) 7. Topographic Survey of Beekman Place, Los Amigos and 7,835 Hewit Subdivisions (Authorized) 8. Project Representative Observation Services 24,200 9. Warranty Phase 1,700 Sub-Total Additional Services Fees Authorized 113,335 Total Authorized Fee $191,495 Part B Fee for Basic Services 1. Preliminary Phase $0 2. Design Phase 353,875 3. Bid Phase 1,000 4. Construction Phase 5,600 Subtotal Basic Services Fees 360,475 Fee for Additional Services H:\USERS2\HOME~VELMAR\GEN\DRAINAGEk2174\LARGE CONSULTANT CONTRACT~CONTRACT SUMMARY 1. Permit Preparation (Allowance) Texas Department of License and Regulation 5,000 Total Permitting 2. Topographic Survey (Allowance) 121,985 3. ROW Survey (Allowance) 10,000 4. Environmental Issues-TBD TBD 5. Traffic Control Plans 24,950 6. Public Meeting (Authorized) 7,925 7. Drainage Improvement Study of Texan Trail Area 15,150 8. Topographic Survey of Texan Trail Area (Authorized) 6,425 9. Construction Observation Services 139,500 10.Warranty Phase 3,400 Sub-Total Additional Services Fees Authorized 334,335 Total Authorized Fee $694,810 TOTAL PARTS A AND B $886,30{~ H:IUSERS2\HOMEIVELMAR/GEN~J)RAINAGE~ 174\LARGE CONSULTANT CONTRACt, CONTRACT SUMMARY 9 AGENDA MEMORANDUM SUBJECT: Street Resurfacing Up River Road (IH 37 to Leopard Street) Bond Issue 2000 Project No. C-4 DATE:. April 20, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change Order No. 1 to the contract with Garver Construction, Ltd. of Houston, Texas in the amount of $148,830.32 for the for Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to Leopard Street). ISSUE: This change order is necessary to improve water main service and reliability to the Port Industry area with ties directly to this transmission main. FUNDING: Funds for this project are available in the FY 2003-2004 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ! Eduardop)lra~l,~.E., z~-~ FAn§el R. Escobar, P. E., Director bfWate-CServices Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit"B" Change Order Summary Exhibit"C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Street Resurracing Up River Road (IH 37 to Leopard Street) Bond Issue 2000 Project No. C-4 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. April 24, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $519,000 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); and, · Gollihar Road (Crosstown to Kostoryz) (M2001-160) 3. December 11, 2001 - Motion authorizing the City Manager or his designee to execute Amendment No. 2 to an engineering services contract in the amount of $125,950 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); · Gollihar Road (Crosstown to Kostoryz), and · Mission Center Sanitary Sewer Relocation 4. January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget for $152,674,800. (Ordinance No. 024730) 5. June 18, 2002 - Motion authorizing the City Manager or his designee to execute Amendment No. 4 to an engineering services contract in the amount of $238,860 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); · Gollihar Road (Cresstown to Kostoryz), and · Mission Center Sanitary Sewer Relocation 6. October8, 2002- Motion authorizing the City Manager, or his designee, to execute a construction contract with Garver Construction of Houston, Texas, in the amount of $2,241,537.00 for Street Resurfacing on Up River Road (IH 37 to Leopard Street) (Bond Issue 2000) EXHIBIT "A" Page 1 of 3 PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 1 O, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 22, 2001 - Administrative approval of Amendment No. 1 to the Agreement for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount of $14,995 for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard) · Ayers Street (SPID to Port Avenue) · Gollihar Road (Crosstown to Kostoryz) 5. January 28, 2002 - Administrative approval of Amendment No. 3 to the Agreement for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount of $2,200 for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard) · Ayers Street (SPID to Port Avenue) · Gollihar Road (Cresstown to Kostoryz) FUTURE COUNCIL ACTION: Any Change Orders as necessary to complete the project. PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The Bond Issue 2000 package included $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. Of this amount, $20.7 million was to be spent on approved street projects. On October 8, 2002, the City Council approved a construction contract to begin major street and utility improvements to Up River Road from IH 37 to Leopard Street. This is the first change order necessary to complete this project. Change Order No. 1 consists of two construction issues. The first change order item is for chip sealing on Up River Road from Leopard thru Nueces Bay Boulevard. The original project scope included pavement improvements on Up River Road from IH 37 to Leopard. The project included pavement repair of the roadway between Leopard and Nueces Bay Boulevard. However, the remainder of the road is in need of a chip seal to maintain its integrity. If a maintenance chip seal or overlay is not preformed in the near future, severe asphalt failure will occur. The same unit rates from the original contract are being utilized for the additional quantity. EXHIBIT "A" Page 2 of 3 The second construction issue is for water services to multiple refineries. Items two, three, four and five are all related to improvements for the 24" water transmission main which service the refineries in the area. A change order was required to investigate and perform improvements on three transmission mains to those refineries. These improvements will help assure reliable service to critical facilities. CHANGE ORDER DESCRIPTION: Item No. 1: This will provide additional pavement repair and chip seal on Up River Road from Leopard Street to Nueces Bay Boulevard because of deterioration over the last year. Cost: $23,100. Item No. 2: This will provide and install a 24" gate valve on the proposed 24" water line on Up River Road at Nueces Bay Boulevard. The type of valve was changed from a butterfly valve to a gate valve to provide better project sequencing at the critical 16" and 30" tie in points. Cost: $19,004.96. Item No. 3 Excavation and exploration for city Water Department of major tie-ins at the intersection of Nueces Bay Boulevard and Up River Road in order to provide maximum safety contractor operations. Cost: $52,842. Item No. 4: Hot Taps on a 12" and 16" water line at Poth and Retama and changes of materials are required to provide uninterrupted service connections. Cost: $31,668.29. Item No. 5: Cap Plugs and disconnections are required to remove 20" waterline from service from IH 37 to end (near Nueces Bay Boulevard). The removal of the 20" waterline from service was contingent on several area projects. The timing of the projects was not known and therefore this work was not included in the original bid price. Cost: $22,215.07. CONTRACT TERMS: The contract calls for an extension of 30 days with completion of the project anticipated for July 2004. EXHIBIT "A" Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET April 20, 2004 PROJECT: C-4 Street Resurfacing and Utility Improvements Part A - Up River Road APPROVED: City Council on 10/08/02 - Motion No. M2002-334 CONTRACTOR: Garver Construction, Ltd. 5402 Lawndale Houston, Texas 77023 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. 1 (04/20/04) ..................... Total .......................................................... $2,241,537.00 560,384.25 148,830.32 148,830.32 = 6.63< 25% EXHIBIT "B Page 1 of 1 \ ldproject \ BONDissue ~projectscouncilexhibits ~ exhC-4.dwg ~ MORGAN · LOCATION ~AP NOT TO SCALE PROJECT ~ 6141 EXHZBZT "C" BOND ISS~[ 2000 PRO~ECT C~ STREE~ CZTY COUNCZL EXHZBZT ~ RESURFACING: UP RIVER RD-IH 37 TO O[PAR~E~T OF [~¢¢~ER~¢ SERUCES LEOPARD ST (CNANGE ORDER NO. ~) PAGE: 1 of 1 ~ ~ CI~ OF CORPUS CHRISTI, TEXAS DATE: 04-15-2004 ~ 10 AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: House Demolition at Various Sites (Project No. 8491) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Bridges Specialties of Sandia, Texas in the amount of $66,880 for House Demolition at Various Sites. ISSUE: The project is necessary to demolish and clear existing structures on city-owned properties. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Capital Improvement Budget and FY 2003-2004 Operational Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. ,~ Vary, P. E. '~ Director of Storm Water Services 'Eduard° (~raDirector dffwa~r~s 'e Erv'ice~'(~ ,~ge~ 15,: Escobar, P. E., Director of Engineering Services Director of Wastewater Services Additional Support Material: Exhibit"A" Background Information Exhibit"B" Bid Tabulation Exhibit "C" Project Budget Exhibit"D" Location Map H:\USERS2\HOME~V~LMAR/GEi~WATER\ONS\8491'~GENDA MEMO BACKGROUND INFORMATION SUBJECT: House Demolition at Various Sites (Project No. 8491) PRIOR COUNCIL ACTION: 1. February 9, 1999 - Motion authorizing the acquisition of Parodi No. 5 located at 12902 Hearn Road between Brooklane Drive and Perry Lane for $167,000 in connection with the O.N. Stevens Water Treatment Plant Expansion project. 2. December 14, 1999 - Motion authorizing the acquisition of Parcel No. 4 located at 13014 Hearn Road between Brooklane Drive and Perry Lane for $105,000, in connection with the O.N. Stevens Water Treatment Plant Expansion project. 3. October 10, 2000- Motion authorizing the City Manager, or his designee, to execute documents settling the claim of Gilbert Burgus, et al, by purchasing their house for $115,000, as recommended by the City's attorneys (Motion No. M2000- 367). 4. March 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a Real Estate Sales Contract with Albert Kessler, in the amount of $42,500 plus $850 in closing costs, for the purchase of fee simple property rights for Parcel 1, being all of Lot 26, Block 6, Koolside Addition, with street address of 5709 Gollihar Road, necessary for the Meadowbrook Subdivision Drainage Improvement Project, and for other municipal purposes. 5. July 22, 2003 - Approval of the FY 2003-2004 Operating Budget (Ordinance No. 025394). 6. February 10, 2004 -Approval of the FY 2003-2004 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: None anticipated. PROJECT BACKGROUND: The proposed project consists of demolition, clearing, and cleaning of the following four (4) sites: 12902 Hearn Road -This site has a main house plus a number of out buildings, corals; all of which will be removed. The contractor will remove all existing site fences; and provide asbestos removal, asbestos consulting services, air monitoring services in accordance with all State and Federal Regulations. Prior to the Pre-Bid Meeting, staff of the O. N. Stevens Water Treatment Plant marked all trees to remain. The contractor will verify the trees have been marked before any trees are removed. 2) 13014 Hearn Road -This site has a house, fences, brush areas, a few trees and a few miscellaneous slabs and structures. The contractor will remove all existing site fences; and provide asbestos removal, asbestos consulting services, air monitoring I EXHIBIT"A" I Page I of 3 H:IUSERS21HOME~VELMAR\GEN\WATER\ONS/849 I~GEN DA BACKGROUND services in accordance with all State and Federal Regulations. Prior to the Pre-Bid Meeting, staff of the O. N. Stevens Water Treatment Plant marked all trees to remain. The contractor will verify the trees have been marked before any trees are removed. 3) 7101 Edqebrook Drive - This site is a mid-block residence backing up to Everhart Road. The house is damaged due to sewer line leakage with a larger sewer manhole atthe front corner. The contractor will demolish the structure and remove the foundation slab and the driveway. The front sidewalk will be removed and replaced. No asbestos materials were located in the residence structure. All shrubs, trees, and other plants will be removed. There is a large sewer line under the property. The final surface will be gently sloped to the street. 4) 5709 Gollihar Road - The east corner lot at Gollihar Road and Dorothy Street will be cleared for a future construction use area by the City of Corpus Chrsiti. The property has a small single room wood building on piers. The building does not contain asbestos materials and may be moved intact from the site or demolished and removed from the site for proper disposal. The final surface will be smoothed out and left clean of debris and trash. The two properties located on Hearn Road were acquired in 1999 for a contiguous location site associated with the O. N. Stevens Water Treatment Plan Expansion Project. The demolishing, clearing, and cleaning of the two properties is required to continue the O. N. Stevens Water Treatment Plant Expansion Project. The structure located on Edgebrook Drive is constructed over a portion of a wastewater line and settlement of the property has occurred. Settlement has not occurred on the adjoining properties. It is in the best interest of the City to pursue clearing and cleaning of the property. The property will be re-platted and available for sale. The property located on Gollihar Road requires clearing and cleaning in order to re- configure the storm sewer right-of-way for the Meadowbrook Subdivision Drainage Improvements Project. The Meadowbrook area is located between South Staples and Gollihar Road. The area experiences excessive flooding during heavy rains due to inadequate drainage facilities. The property located on Gollihar Road was purchased to facilitate the installation of an underground concrete culvert box for the Meadowbrook Subdivision Drainage Improvements Project. PROJECT DESCRIPTION: The proposed project will complete the demolition of all structures and removal of most of the vegetation on four (4) vacant properties, two (2) adjacent to the O. N. Stevens Water Treatment Plant and one near the intersection of Everhart Road and Cedar Pass and one near the intersection of Gollihar Road and Airline Road. The four (4) lots are located at the following sites: 1) 12902 Hearn Road 2) 13014 Hearn Road EXHIBIT "A" Page 2 of 3 H:IU S ERS 2\HO M E'tVE LMAR\GEN\WATER\ON S~8491"AGEN DA BACKGROUND 3) 7101 Edgebrook Drive 4) 5709 Gollihar Road The work will include, as needed and required, removal and disposal of the asbestos materials in accordance with Texas Department of Health and EPA Regulations; removal of the building and foundations, removal of all outbuildings, fences as specified, removal of all trees not specified to be left in place, coordination of removal of power poles and wires with the utilities, proper removal and plugging of water, sewer and gas utilities, grading the property to provide site drainage with no areas of standing water and the construction of a new fence along Hearn Road. The new fence is to match existing City fences. No new gates will be required. BID INFORMATION: The City received proposals from four (4) bidders on Apdl 7, 2004. See Exhibit "B" Bid Tabulation. The bids range from $66,880 to $118,888. The estimated construction cost for the Total Base Bid is $76,500. City staff recommends that the Total Bas Bid be awarded to Bridges Specialties of Sandia, Texas for House Demolition at Various Sites. CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, with completion anticipated by the end of August 2004. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Capital Improvement Budget and FY 2003-2004 Operational Budget. EXHIBIT "A" I Parle 3 of 3 TABULATION OF BIDS Page 1 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, April 7, 2004 TIME OF COMPLETION: 60 Calendar Days ENGINEER'S ESTIMATE: $76,500 Bridges Specialties Mitchell's Unlimited Coastal Resources Southwest Constructors HOUSE DEMOLITION (VARIOUS SITES) 744 FM 1540 Inc. Management Co. LLC Inc. PROJECT NO. 9491 Sandia, TX 78381,3 5375 Prairie Ridge P.O. Drawer E P.O.Box 50469 Robstown, TX 78380 C.C., TX 76469 Austin, TX 78763 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-1 Base Bid for lot at 13014 1 LS $20,900.00 $20,900.00 $25,000.00 $25,000.00 $32,000.00 $32,000.00 $33,333.00 $33,333.00 Hearn Road, as applicable for removal and disposal of asbestos related materials to an approved landfill and for demolishing structures and cleaning/clearing of the lot including concrete foundations, slabs, and driveway culverts and disposal of non -asbestos materials to an approved landfill and construction of a new chain-link fence A-2 Base Bid for lot at 12902 1 LS $29,530.00 $29,530.00 $25,000.00 $25,000.00 $16,000.00 $16,000.00 $65,555.00 $65,555.00 Hearn Road, as applicable for removal and disposal of asbestos related materials to an approved landfill and for demolishing structures and cleaning/clearing of the lot including concrete foundations, slabs, and driveway culverts and disposal of non -asbestos materials to an approved landfill and construction of a new chain-link fence TABULATION OF BIDS Page 2 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, April 7, 2004 TIME OF COMPLETION: 60 Calendar Days ENGINEER'S ESTIMATE: $76,500 HOUSE DEMOLITION Bridges Specialties Mitchell's Unlimited Coastal Resources Southwest Constructors (VARIOUS SITES) 744 FM 1540 Inc. Management Co. LLC Inc. PROJECT NO. 8491 Sandia, TX 78380 5375 Prairie Ridge P.O. Drawer E P.O.Box 50469 Robstown, TX 78380 C.C., TX 78469 Austin, TX 78763 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMDU14T A-3 Base Bid, for lot at 7101 1 LS $11,100.00 $11,100.00 $12,000.00 $12,000.00 $22,000.00 $22,000.00 $15,555.00 $15,555.00 Edgebrook Drive, as applicable for demolishing foundations 6 structures, removing plants, driveway, sidewalk, and removal and disposal to an approved landfill, and adding fill, compaction s grading and construction of new sidewalk, curb and gutter and wood fencing, and cleaning site and establishing grass A-4 Base Bid for lot at 5709 1 LS $5,350.00 $5,350.00 $10,500.00 $10,500.00 $10,500.00 $10,500,00 $4,445.00 $4,445.00 Gollihar Road, as applicable for demolishing structures, removing fencing, signs, gas meter guards, parking stops, plants, and disposal to an approved landfill, and cleaning site and establishing grass TOTAL BASE BID IITEMB A-1 $66,880.00 $72,500.00 $80,500.00 $118,888.00 —+A-2 + A-3 + A -4J: PROJECT BUDGET HOUSE DEMOLITION AT VARIOUS SITES (Project No. 8491) April 20, 2004 FUNDS AVAILABLE: Water Operating ......................................................... Wastewater Operating ................................................. Storm Water Operating ................................................ Total ......................................................................... FUNDS REQUIRED: Construction (Bridges Specialties) .................................. Contingencies (10%) ................................................... Engineering Reimbursements ....................................... Construction Inspection Activity ..................................... Misc. (Printing, Advertising, etc.) .................................... Total ........................................................................ $15,516.00 3,517.00 1,655.00 $20,688.00 $66,880.00 6,688.00 7,500.00 4,500.00 2,000.00 $20,688.00 IEXHIBIT "C" I Page 1 of I ~Mproject~ councilexhibits \ exh8491b,dwg ~ m ROJECT _--~ ~ ~ ~~ LOCATION ~OCATION MAP NOT TO SCALE PROUEOT No. 8491 EXHIBIT "D" HOUSE DEMOLITION (VARIOUS SITES) CITY OF CORPUS CHRISTI, TEXAS CITY EXHIBIT DE~R~T OF ~GINEERINO S~CES PAGE: I of $ DA~: 03/15/04 ~ Mproject \ councilexhibits \ exh84 91b,dwg CORPUS CHRISTI BAY FU 2~-,~4 PROJECT No. 8491 LOCATT~ON MAP NOT TO SCALE HOUSE DEMOLITION (VARIOUS SITES) CI~ OF CORPUS CHRIS~, TEXAS N EXHT_BT_T "D" CT_TY EXH_TB£T DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 05/15/04 ~ Mproject \ councilexhibits ~ exh84 91b,dw~ ~ ~ 5an Patricio County H~ 44 A~ES CHRIS~ ~ ~ IN~RNA~ ~ m NRP~T PROJECT . / ~ LOCATZON MAP NOT TO SCALE PROJECT No, 8491 EXHZB~T "D" HOUSE DEMOLZT~ON CITY EXH~BJT DEPARTMENT OF ENGINEERING SERVICES (VARZOUS S~TES) PAGE: 3 of 3 CI~ OF CORPUS CHRISTI, TEXAS DATE: 05/15/04 11 CITY COUNCIL AGENDA MEMORANDUM April 20, 2004 AGENDA ITEM: Motion authorizing payment to the City of Port Aransas in the amount of $22,643.72 for beach parking permit collections for 2003 based upon agreement between the city manager of the City of Corpus Christi and the city manager of the City of Port Aransas. ISSUE: In February 2002, an interlocal cooperation agreement between the City of Corpus Christi, the City of Port Aransas, and the County of Nueces was reached. This interlocal cooperation agreement was made under Chapter 791 of the Texas Government Code and authorized the local governments to contract with one another to sell beach parking permits individually in order to increase efficiency and effectiveness. The agreement also established a system of beach user fee reciprocity by which all revenue collected by each of the entities was to be split-out equitably among each of three entities based upon each entity's percentage of beach: 45.5% for the City of Corpus Christi; 38.5% for the City of Port Aransas; and 16.0% for Nueces County. After the agreement was negotiated, a verbal agreement was made whereby the City of Port Aransas would be held harmless in 2002 and 2003 - meaning that for 2002, the City of Port Aransas kept all revenue they collected and was not held to the interlocal agreement with regard to the splitting out of revenue with the City of Corpus Christi and Nueces County. For 2003, the City of Port Aransas was guaranteed to receive the same amount of revenue as what they collected in 2002. This agenda item is needed to insure the City of Port Aransas receives the same amount. REQUIRED COUNCIL ACTION: Approval of the motion. RECOMMENDATION: City Staff recommend approval of the motion authorizing payment to the City of Port Aransas in the amount of $22,643.72 for beach parking permit collections for 2003 based upon agreement between the city manager of the City of Corpus Christi and the city manager of the City of Port Aransas. Cindy O'Brien / Director of Financial Services 12 CITY COUNCIL AGENDA MEMORANDUM April 6, 2004 AGENDA ITEM: Ordinance amending Section 10-22 of the Code of Ordinances, City of Corpus Christi, regarding terms of dune protection permits and beachfront construction certificates; providing for penalties; providing for severance; and providing for publication. ISSUE: When the Municipal Code Corporation was codifying Ordinance No. 02560, it was discovered that Ordinance No. 02560 did not contain all of the language that was reviewed and approved by the Texas General Land Office and Texas Attorney General's Office. Ordinance No. 02560, as adopted, only included the last changes to the Section 10-22 that the staff was working on, but did not include the prior changes that should have been made to respond to the State's comments. This proposed ordinance corrects the editorial error by the City Attorney's office. REQUIRED COUNCIL ACTION: Adoption of an ordinance to correct error in the adoption of amendments to Section 10-22. PREVIOUS COUNCIL ACTION: §§ 1, 2, of Ordinance No. 22164, on adopted February 28-1995, added Section 10-22 to the Code of Ordinances. Section 10-22 was amended by § 4 of Ordinance No. 24777, on February 19, 2002, and by § 8 of Ordinance No. 025260, on April 15, 2003. FUNDING: N/A. RECOMMENDATION: Adoption of ordinance. ./]4"~4ar~ K~y Fische~r v City Attorney BACKGROUNDINFORMATION Following is a legislative style rendition of Section 10-22. The language that is not underlined was in the version of the section that was adopted in 1995. The language that is in a single underline or single strike out was language that was added or deleted in 2003. The language that is double underlined or double strike out is language that should have been added or deleted in 2003, but was left out of the ordinance adopted by the City Council. "Sec. 10-22. Terms and renewal of permits/certificates. "(a) Permits or certificates shall be valid for the following periods: "(1) Permits or certificates involving small-scale construction project, if the property, on which the proiect will be constructed does not need to be platted and a buildin(~, electrical, gas. mechanical, or olumbino oermit is not required under ~13-1 of the Code of Ordinances -- one year from the date of issuance of the permit or certificate. "(2) Permits or certificates involvino small-scale construction proiect, if the Drooertv on which the oroiect will be constructed needs to be platted or a buildina, electrical, oas. mechanical, or olumbina oermit is reauired under §13-1 of the Code of Ordinances - one year from the later of the date of issuance of the permit or certificate, the date of filinq of the approved plat with the County Clerk. or the date of issuance of the first buildina, electrical, oas. mechanical, or olumbina oermit bv the Building Official. "(3) Permits or certificates involving large-scale construction project, if the DroDertv on which the project will be constructed does not need to be platted and a building~ electrical, oas. mechanical, or Dlumbina permit is not required under 6_13-1 of the Code of Ordinances - two years from the date of issuance of the permit or certificate. "(4) Permits or certificates involvino larqe-scale construction project, if the DroDertv on which the Droiect will be constructed needs to be olatted or a buildin(3, electrical, oas. mechanical, or plumbing permit is required under §13-1 of the Code of Ordinances - two years from the later of the date of issuance of the oermit or certificate, the date of filinq of the approved plat with the County Clerk, or the date of issuance of the first buildino, electrical. (]as. mechanical, or Dlumbino Dermit bv the Buildin~ Official. "(3) (5) Permits or certificates involving master planned development project, if the DroDertv on which the project will be constructed does not need to be platted and a buildino, electrical. (~as. mechanical, or olumbino permit is not reouired under ~13-1 of the Code of Ordinances - ten-three.years from the effective date of ordinance adoptin.q the master p an "~6) Permits or certificates involvina larae-scale construction Droiect. if the DroDertv on which the Droiect will be constructed needs to be platted or a buildina, electrical, aas. mechanical, or olumbina oermit is reauired under §13-1 of the Code of Ordinances - temthree years from the later of the date of issuance of the oermit or certificate, the date of filina of the aoDroved Dlat with the County Clerk. or the date of issuance of the first buildina, electrical, aas, mechanical, or Plumbing permit bv the Buildina Official. "(b) The concurrent beach/dune committee may renew a permit or certificate for a period not exceeding ninety (90) days if the activity as proposed in the application for renewal complies with these regulations and the permittee supplements the original application materials with additional information indicating any changes to the activity or information. Only two (2) renewals shall be issued for each permit or certificate. Thereafter, the permittee must apply for a new permit or certificate. "(c) If the proposed construction is changed in any manner which causes or increases adverse effects on dunes, dune vegetation, and public beach use and access, the permittee shall not be eligible for a renewal but must apply for a new permit or certificate. "(k) For the purposes of this section, a plat is required for property located with the extraterritorial jurisdiction of the City, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted, if the owner of the tract of land, at the time the property was subdivided was required to file a plat under an applicable State law. "(~-)-(e) For the purposes of this section, a plat is required for property located within the city limits, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted." The intended amendments should have relocated materials within former subsections (d) - (j) to subsection (a)(1) - (6). The intended amendments did not make any substantive changes. AN ORDINANCE AMENDING SECTION 10-22 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING TERMS OF DUNE PROTECTION PERMITS AND BEACHFRONT CONSTRUCTION CERTIFICATES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, when the City Council adopted Ordinance 025260, on April 15, 2003, the draft that was submitted to the City Council, failed through oversight to include language in Section 10-22(a) that had been previously approved by the staffs of the Texas General Land Office and Texas Attorney General. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10-22(a) of the Code of Ordinances is revised to read as follows: "Sec. 10-22. Terms and Renewal of Permits/Certificates. "(a) Permits or certificates shall be valid for the following periods: "(1) Permits or certificates involving small-scale construction project, if the property on which the project will be constructed does not need to be platted and a building, electrical, gas, mechanical, or plumbing permit is not required under §13-1 of the Code of Ordinances - one year from the date of issuance of the permit or certificate. "(2) Permits or certificates involving small-scale construction proiect, if the property on which the proiect will be constructed needs to be platted or a building, electrical, ,qas, mechanical, or plumbing permit is required under §13-1 of the Code of Ordinances -- one year from the later of the date of issuance of the permit or certificate, the date of filing of the approved plat with the County Clerk, or the date of issuance of the first buildin.q, electrical, gas, mechanical, or plumbing permit by the Building Official. "(2)/3.(.~_Permits or certificates involving large-scale construction project, if the property on which the proiect will be constructed does not need to be platted and a building, electrical, gas, mechanical, or plumbing permit is not required under §13-1 of the Code of Ordinances - two years from the date of issuance of the permit or certificate. "(4) Permits or certificates involving large-scale construction proiect, if the property on which the project will be constructed needs to be platted or a building, electrical, gas, mechanical, or plumbing permit is required under §13-1 of the Code of Ordinances - two years from the later of the date of issuance of the permit or certificate, the date of filing of the approved plat with the County R45005A1 .doc 2 Clerk, or the date of issuance of the first building, electrical, .qas, mechanical, or plumbing permit by the BuildinR Official. "(5) Permits or certificates involving master planned development project, if the property on which the project will be constructed does not need to be platted and a building, electrical, gas, mechanical, or plumbing permit is not required under {}13-1 of the Code of Ordinances - ten years from the effective date of ordinance adopting the master plan. "(6) Permits or certificates involving large-scale construction project, if the property on which the project will be constructed needs to be platted or a building, electrical, gas, mechanical, or plumbing permit is required under {}13-1 of the Code of Ordinances - three years from the later of the date of issuance of the permit or certificate, the date of filing of the approved plat with the County Clerk, or the date of issuance of the first building, electrical, gas, mechanical, or plumbing permit by the Building Official." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 10-97 of the City Code of Ordinances. 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. R45005A1 .DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ., 2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the A'I-I'EST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of Armando Chapa City Secretary APPROVED: 7th day of April, 2004: R. J~in~ First Assistant City Attorney For City Attorney Samuel L Neal, Jr. Mayor 3 ,2004. R45005A1 .doc 13 AGENDA MEMORANDUM DATE: April 20, 2004 SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with Freese & Nichols, Inc. in the amount of $259,750 for engineering services for the third year of a Five Year Inspection and Monitoring Program at Wesley Seale Dam. ISSUES: The proposed contract will is necessary to continue the normal annual TCEQ inspection program and provide an enhanced inspection and monitoring recommended by the consultant. RECOMMENDATION: Approval of the motion as presented. ~l[n/g~l R. Escobar, P.E. Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summaries Exhibit C - Location Map ADDITIONAL INFORMATION SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program SUMMARY: TCEQ regulations require an annual inspection program for dams. The inspection program was suspended with the concurrence of TCEQ (formerly TNRCC) due to the intensive inspections taking place during the Spillway Rehabilitation Project. Following the completion of any major dam project, the normal practice is to conduct an enhanced inspection and monitoring program. The proposed contract amendment provides for the continuation of the annual inspection program required by TCEQ and an enhanced inspection and monitoring program. It is anticipated that the enhanced inspection and monitoring program will be reduced next year. This contract represents the third year of the enhanced inspection program. The inspection program will be reduced during the next two years to an enhanced program that more closely approximates a normal annual inspection program. BACKGROUND: The Wesley Seale Spillway Stabilization Project was completed during March, 2001. The project consisted of the addition of mass ballast to increase the stability and safety factor of the dam. The completed project achieved the objectives of the program allowing the dam to operate at its full conservation pool of 94 feet M.S.L. Other significant improvements include the installation of a parapet wall to (elevation 109.3 feet) which allows the safe passage of the probable maximum flood. Instruments were installed in the spillways for the remote monitoring of the dam. This allows the continuous collection of data for the most critical components of the restoration project. FUTURE COUNCIL ACTIONS: Award of monitoring and inspection contracts for years 4 and 5. CONTRACT SUMMARY/FEE: The proposed contract is for the third monitoring period. Freese and Nichols will provide: · Annual safety inspection; · Precision survey statistical analysis; · Six month data reports (2) and data reduction/plotting; · North Embankment piezometer investigations; · Remotely monitored piezometer and extensometer repair; · an updated breach analysis; · an update of inundation mapping; and · an update of the emergency action plan. The contract also provides for preparation and delivery of four engineering reports and two summaries of findings. L EXHIBIT"A" J Page I of 2 H:~HOME~KEVINS\GEN\WATER\S EALE~5YRSVC~AE2004BKGEXHA. DOC The proposed fee is $259,750 as compared to $139,200 Amendment No. 1. The change in fee is due to the addition of three tasks ($161,800 additional fee), deletion of two tasks (deduction of $38,000), and a slight percentage increase for inflation. The contract summary is attached. See Exhibit B. FUNDING: Funds are available from Water Department Operating Budget. RECOMMENDATION: Approval of the motion as presented. H:'~FIOME~KEVINS\GEI~WATER~SEALE~5YRSVC~,E2004BKGEXHA. DOC EXHIBIT"A" Page 2 of 2 CONTRACT SUMMARY Section I, SCOPE OF SERVICES, is amended byadding the following tasks: I. SAFETY INSPECTIONS The Engineer will: 1. perform one safety inspection of Wesley Seale Dam in July of 2004. The inspection will be performed over a two-day period by a two-man team of registered professional engineers experienced with the rehabilitation of Wesley Seale Dam; 2. provide 6-copies of the safety inspection report to the City Engineer. The safety report will incorporate the latest data plots and 3. present a summary of the safety inspection report to the City Council in December of 2004, if required. J. PRECISION SURVEY STATISTICAL ANALYSES The Engineer will: 1. perform one statistical analysis of the Precision Survey Data provided by the City of Corpus Chdsti in 2004. The City provided survey data report is to be of the same format as the 2003 data report. 2. provide three copies of the statistical analysis report. The format of this report will be identical to the 2003 statistical analysis report by Dr. Kam Wong provide to the City by the Engineer in 2003. K. SIX-MONTH DATA REPORTS The Engineer will: 1. provide manpower to input and reduce the monthly data collected by the City at Wesley Seale Dam from November 1, 2003 to November 1 2004 to produce time-history plots of all instrumentation to include readings or flow measurement from 102 piezometers, 17 extensometers, 25 relief wells, and 41 sand drains. 2. provide engineering services to analyze and comment of the two semi-annual data plots; and 3. provide two semi-annual data reports each of which provides a time-history plot for all instruments described in Task G.1 above. These letter reports shall include interpretive comments regarding the data collected and recommendations concerning the future monitoring of the instrumentation at Wesley Seale Dam. The semi-annual reports are to be provided in May and October of 2004. Each of the two semi-annual data reports are to be provided to the City Staff in six copies. L. NORTH EMBANKMENT PIEZOMETER INVESTIGATION The Engineer will: 1. perform a field investigation to determine if north embankment piezometers F-l, F-2 and F-3 at dam station 8+12 are indicating that seepage is occurring and install three new open dse piezometers along the crest of the embankment at 100 foot offset from the piezometer F-1 at dam staion 8+12 to explore the pressures in this region. Sample and test the toe drain flows and backfill to determine the effectiveness of the drain and perform a video exam of 1500 feet of the toe drain collector line. Summarize the findings of this investigation in a memorandum to the City Engineering and Water Department Staff. Exhibit B Page 1 of 3 H:~IOM E'~KEVIN S\G EN\WATER\SEALE~5YRSVC~AE2004Su mExh B.doc M. PROVIDE SERVICES TO REPLACE SIX REMOTELY MONITORED PIEZOMETERS AND/EXTENSOMETERS AT WESLEY SEALE DAM The Engineer will: 1. provide the services of manufacture's representatives to inspect three malfunctioning extensomenters (E-78, E-84 and E-104) and one piezometers (P- 31-1-3) at Wesley Seale Dam and to repair them if possible. 2. repair by replacing two open dser piezometers ( P-61~1-S, P-55-1-S) 3. repair the dser for P-13 N. UPDATE THE EMERGENCE ACTION PLAN AND FLOOD INUNDATION MAPPING FOR WESLEY SEALE DAM The Engineer will: 1. perform a PMF breach analysis for Wesley Seale Dam. The probable maxumun flood (PMF) shall be that developed by Freese and Nichols in 2002; 2. from the breach analysis developed in TASK 1. above, produce flood inundation maps for the flood plain downstream of the dam. 3. using the new flood inundation maps developed in Task 2 above, update the existing Emergency Action Plan for Wesley Seale Dam and provide 6 copies of the EAP to the City Staff. Section II, FEE, is amended bythe revision of the Summary of Fees (Table 1). Summary of Fees (Table Task ] Description I Fee PHASE I ORIGINAL CONTRACT Basic Services 1 .A Annual Safety Inspection $33,200 1 .B Precision Survey Statistical Analysis $13,850 1.C Six Month Data Reports (2) $22,450 Basic Service $69,500 AMENDMENT NO. 1 1 .D Annual Safety Inspection $34,200 1 .E Precision Survey Statistical Analysis $14,000 1.F Six Month Data Reports (2) & Data Reduction/Plotting $45,000 1 .G 2002 Flood Affects Analyses $24,500 1 .H North Spillway Extensometer Analyses $13,500 - Amendment No. 1 Additional Services $131,200 AMENDMENT NO. 2 H:\HOME\KEVINS\GEN\WATER\SEALE~5YRSVC~,E2004SumExhB.doc Exhibit B I Page 2 of 3 2.1 Annual Safety Inspection $36,000 2.J Precision Survey Statistical Analysis $14,700 2.K Six Month Data Reports (2) & Data Reduction/Plotting $47,250 2.L North Embankment Piezometer Investigations $55,000 2.M Remotely Monitored Piezometers and Extensometer Repair $76,800 2.N Perform an updated breach analysis, developer flood inundation mapping and $30,000 update the eme ,rgency action plan for Wesley Seale Dam Amendment No. 2Additional Services $259,750 I TOTAL AUTHORIZED FEE $460,450 H:\HOM E~KEVINS\GEN\WATER\SEALE\5YRSVC~AE2004SumExhB.doc Exhibit B Page 3 of 3 File : ~Mprojec[\councilexhibits\exh8588.dwg ~iE ~(k% /MATHIS ~WOODSBORO OCArlON CITY PROJECT NO. 8388 EXHIBIT "C" CZTY COUNCZL EXHiBiT WESLEY SE~LE D~M ANN~L ~NSPEC~ON DEP~TMENT OF ENGINEERING SER~CES ' ~ND MONITORING PROGRAM PAGE: I of 1 CI~ OF CORPUS CHRISTI, TE~S DATE: 04-20-2004 14 CITY COUNCIL AGENDA MEMORANDUM April 15, 2004 AGENDA ITEM: a. Motion authorizing the City Manager to execute a parking lease with the Port of Corpus Christi Authority for the Baseball Stadium. b. Motion authorizing the City Manager to assign the parking lease with the Port of Corpus Christi Authority for the Baseball Stadium to Round Rock Baseball, Inc. ISSUE: Under the Memorandum of Understanding with RSR Sports, Inc. and the Authorization of a Stadium Lease Agreement with Round Rock Baseball, Inc., the City is required to lease 1500 parking spaces to Round Rock Baseball, Inc., on Port of Corpus Christi Authority ("PCCA") property adjacent to the new baseball stadium. The Contract to Purchase and Lease Port Property between the City of Corpus Christi and Port of Corpus Christi Authority commits the PCCA to lease a parking lot with at least 1500 parking spaces to the City. The City and PCCA have negotiated the lease for the parking spaces. The PCCA Commissioners are scheduled to act on the parking lease at a special meeting called for Monday, April 19, 2004. The City intends to assign its interest in the parking lease to Round Rock Baseball, Inc., who will manage the parking lot and receive the revenues on the 90 City Days specified in the Contract to Pumhase and Lease Port Property and Baseball Stadium lease. The City is required to make the leased parking lot available to Round Rock Baseball, Inc., before the bonds can be sold for the actual construction of the baseball stadium. REQUIRED COUNCIL ACTION: Authorize the City Manager to execute a parking lease with the Port of Corpus Christi Authority for the Baseball Stadium, and authorize the City Manager to assign the parking lease with the Port of Corpus Christi Authority for the Baseball Stadium to Round Rock Baseball, Inc. PREVIOUS COUNCIL ACTION: City Council has taken the following actions relating to the construction of a baseball stadium: Motion 2003 358 authorizing a Memorandum of Understanding with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City of Corpus Christi, on September 30, 2003, Motion 2003 452 authorizing a binding agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City of Corpus Christi, on December 16, 2003. Motion 2003 453 authorizing a Contract to Purchase and Lease Port Property between the City of Corpus Christi and Port of Corpus Christi Authority for the City of Corpus Christi baseball stadium and related parking spaces, on December 16, 2003 Ordinance 025662 authorizing a Authorization of a Stadium Lease Agreement with Round Rock Baseball, Inc., on February 24, 2004. FUNDING: N/A. RECOMMENDATION: City Council should adopt the Geo~ City Manager 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/20/04 AGENDA ITEM: A. Motion to authorize the City Manager or the City Manager's designee to execute a lease agreement with Wilson Plaza Associates, UP. for a seven year term beginning at $44,.172 per year and providing for an annual adjustment for 3,681 net rentable square feet from September 1, 2004 through August 31,2011 for the City Detention and Magistretion Center. B. Motion to authorize the City Manager or the City Manager's designee to execute a building construction agreement in the amount of $295,000 with Wilson Plaza Associates, L.P. for the construction of a new City Detention and Magistration Center to be located at Wilson Plaza, Suite #113-A. ISSUE: The jail consolidation contract with Nueces County will expire September 12, 2004 and the City is proceeding with establishing a City Detention and Magistration Center. The Wilson Plaza will house the Center on the first floor. REQUIRED COUNCIL ACTION: Approval of the motions. PREVIOUS COUNCIL ACTION: None FUNDING: 530000-1061-00000-821001 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motions as presented. Attachments: Lease Agreement Construction Agreement P. Alvarez, Jr. ~ Chief of Poli~ BACKGROUNDINFORMATION On August 13, 2003, the Nueces County Commissioners Court terminated the City- County jail contract with an expiration date of September 12, 2004. The City has conducted extensive research into the issue and has determined that it should establish a City Detention and Magistration Center. The detention facility will be limited in scope and duration to holding detainees for a maximum of 12 hours, until they can be timely magistrated. Responsibility for the prisoners then immediately shifts to the Sheriff, and the prisoners will be transported to the County Jail for confinement. The location of the center will be the first floor of the Wilson Plaza. The monthly lease payment of $3,681 provides for all utilities, trash and garbage disposal, janitorial services, and fourteen (14) parking spaces. Beginning January 2006, the monthly rent will be adjusted based upon the lesser of either the Consumer Price Index (CPI) or the prorated share of actual expense increase of taxes, insurance and utilities. Wilson Plaza Associates will provide for construction of the detention facility in the leased space at a one-time cost of $295,000. The payment schedule will be as follows: Down payment of 25% Upon completion of 25% of construction Upon completion of 50% of construction Upon completion of 75% of construction Upon completion of 100% of construction $73,750.00 $55,312.50 $55,312.50 $55,312.50 $55,312.50 The construction plans calls for enough space/lock down cells to house an average of 30 prisoners per day for no longer than a twelve-hour period. The plans include a booking area, Intake Identification area, a magistration area, and offices for two supervisors and a judge. The construction should be completed at the latest by September 1,2004. STATE OF TEXAS } COUNTY OF NUECES } KNOW ALL MEN BY THESE PRESENTS LEASE AGREEMENT BY THE CITY OF CORPUS CHRISTI AND WILSON PLAZA ASSOCIATES, L.P. On this 13th day of Apdl, 2004, LANDLORD, Wilson Plaza Associates L. P., AND TENANT, City of Corpus Chdsti, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration and the mutual covenants and agreements herein contained, the receipt and sufficiency of which is expressly acknowledged, aRree as follows: Landlord hereby leases~Tenant, and Tenant hereby accepts, the Demised Premises to have and to hold for the lease term upon the followin,q terms and conditions DEFINITIONS AND BASIC PROVISIONS: The following definitions and basic provisions shall be construed in conjunction with and limited by the reference thereto in other provisions of this lease and the Exhibits attached hereto: (a) "Landlord": Wilson Plaza Associates L. P. "Address': 606 N. Carancahua, #900, Corpus Chdsti, TX 78476 (b) "Tenant" : City of Corous Christi "Address': 1201 Leopard St. Corpus Christi, TX 78401 (c) "Demised Premises": Approximately 3,681 net rentable square feet in: The Wilson Plaza:in the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A": Legal Description), address of such premises being shown and outlined on attached Exhibit "B". The Demised Premises also includes the ri,qht of exclusive use of 14 dedicated parkin.q spaces in the Wilson Plaza buildin.q pad(in.q lot. (d) "Lease Term": A pedod of 7 years commencing on September 1, 2004 and ending Au.qust 31,2011. (e) "Basic Rental": A total sum of $ 309,204.00 (Three Hundred Nine Thousand Two Hundred Four Dollars and 00/100 Dollars) payable at Wilson Plaza, 606 N. Carancahua, fig00, Corpus Christi, Nueces County, Texas, in monthly installments of $3,681.00 in advance, during the lease term. There will be a $25.00 charge for any checks returoed for non- sufficient funds. (f) "Prepaid Rental": $ 3,681.00 lease term. representing payment of rental for the first month of the (g) "Security Deposit": $ 3,681.00 (Three Thousand Six Hundred Eiqhty One and 00/100 Dollars). If Tenant fails to give Landlord thirty (30) days wdtten notice prior to terminating the lease, to pay rent or other sums when due, the secudty deposit may at Landlord's option be applied to such unpaid amounts. (h) 'q'rade Name" and "Permitted Use": City Detention and Maqistration Center LANDLORD'S SERVICES TO TENANT: A. Trash and garbage disposal; B. Provide adequate public restroom facilities and maintain and keep such facilities sanitary and in operating condition, providing sufficient supplies (soap, toilet tissue, towels and disinfectant); C. Maintain, clean and keep all entrance ways, halls and hallways free of unnecessary obstructions and well lit; D. Lighting f~'(tures shall be maintained, including the replacement of fluorescent tubes of proper wattage; E. Maintain and keep in good repair the roof and exterior of the building in which the demised premises are located and to maintain and keep in good repair all side walks, walkways, parking areas, pdvate streets, roads and alleys that are a part of the development; F. Electricity, water and sewer; and G. Heating and air conditioning Building Standard. Failure to any extent to furnish or any stoppage of these defined services, or from any cause, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant or work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord, where responsible, shall use reasonable diligence to reinstate any terminated services listed above promptly, but Tenant shall have no claim whatsoever for rebate of rent or damages on account of any interruptions in service occasioned thereby resulting therefrom. This lease is conditioned upon faithful performance by Tenant and Landlord of the agreements, covenants, rules and regulations herein contained and agreed to by the parties. PAYMENTS: Tenant will pay all rents and sums provided to be paid by Tenant hereunder at the times and in the manner provided. The obligation of Tenant to pay rent is an independent covenant and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant of the obligation to pay rent, except as expressly provided herein. CONSTRUCTION OF IMPROVEMENTS: Landlord shall proceed to construct the Demised Premises in compliance with the description as stated in a separate Work Contract. A summary of the scope of work to be done is shown on Exhibit 'C" of this lease and are shown on Exhibit "D", Construction Plan, of this lease. Any differences between Exhibit "C" and/or Exhibit "D" the Work Contract will govern. 2 POSSESSION: The parties hereto anticipate that thelea~ premises will be ready for Tenant's occupancy on 09-01-04. If the leased premises are not ready for occupancy on 09-01-04, then the commencement of this lease shall be extended until the leased premises are ready for Tenant's occupancy at which time the events called for herein shall begin. If the leased premises are not ready for Tenant's occupancy on or before 09-01-04, and such delay is not due to default of Tenant, then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise its dght of termination, Tenant shall not have any claim against Landlord for breach of contract, damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. Pdor to exercising this option to terminate this lease, Tenant shall give Landlord 45 days notice in writing in advance of its intention to exercise such option. If the leased premises are ready for Tenant's occupancy pdor to the end of said 45 days period, or before notice of cancellation is actually received by Landlord, then this lease shall not be canceled but shall remain in full force and effect. If possession is taken prior to commencement date, then the rent shall be pro-rated. NET RENTABLE AREA: The term "Net Rentable Area (NRA)" as used herein shall refer to all floor areas within the inside surface of the extedor wa!/enclosing the portion of the leased premises and measured to the mid-point of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator foyers, restrooms, mechanical rooms, janitor closets, building stairs, and other similar facilities for use of all tenants of the building (hereinafter called "Common Area"), but including a proportionate portion of the Common Area equal to 1.19742 % of the leased premises square footage excluding such Common Area allocation. No deductions from NRA are made for columns or projections necessary to the building. COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated by Landlord from time to time for the common use of all tenants, including among other facilities, sidewalks, landscaping, curbs, loading areas, pdvate streets and alleys, lighting facilities, hallways, restrooms and other areas and improvements provided by Landlord for the common use of all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in such a manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and locations of Common Areas and to construct additional buildings, and to eliminate buildings from the plan as shown on Exhibit "B". Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action, which would interfere with the rights of the parsons to use the Common Area without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public from obtaining prescriptive rights to make repairs or alterations. REPAIRS AND RE-ENTRY: Tenant will at Tenant's own cost and expense, repair or replace any damage or injury done to building or any part thereof by Tenant, tenant's agents, employees, and invitee, and if Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant Shall repay the cost thereof to Landlord on demand. Tenant will not commit or allow any water damage to be committed on any portion of the Demised Premises, and shall, at termination of this lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at the date of possession, ordinary wear and tear excepted, and upon termination of this lease, Landlord shall have the right to re-enter and resume possession of the Demised Premises. ASSIGNMENT-SUBLETTING-ALTERATIONS-ADDITIONS-IMPROVEMENTS: Tenant shall not assign or in any manner transfer this lease or any estate or interest therein or allow same to be assigned by operations of law or other,vise, or sublet the Demised Premises or any part thereof, or use or permit same to be used for any purpose other than stated in the use clause hereof, without written consent of Landlord. Tenant shall not make or allow to be made any alterations or physical additions in or to the Demised Premises without the written consent of Landlord before making such alterations or physical additions and such consent may not be unreasonably withheld. Such alterations, physical additions, or improvements wheh made to the Demised Premises by Tenant, shall at once become the property of Landlord and shall be surrendered to Landlord upon termination in any manner of this lease; this clause shall not apply to movable fixtures or furniture of Tenant. Tenant can remove fixtures placed in the leased premises solely by Tenant so long as removal does not damage the leased premises or make it less rentable, in Landlord's opinion. Tenant cannot remove carpet or wall covering. TENANT INSURANCE: It is hereby expressly understood and a.qreed by the parties that Tenant is a self-insured Texas home rule municipality and will self-insure itself aqainst all claims, demands or actions arisin.q out of or in connection with the Tenant's use or occupancy of the demised premises. Upon request of Landlord, Tenant will provide proper proof of self-insurance for the lease term. USE VIOLATIONS AND INSURANCE COVERAGE: Tenant will not occupy or use or permit any portion of the Demised Premises to be occupied or used for any business or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, or extra hazardous on account of tire, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or its contents, and in the event that by reason of acts of Tenant, there shall be an increase in the rate of insurance on the building or its contents created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such increase. LOSS AND DAMAGE TO TENANT PROPERTY: Tenant agrees that its use and occupancy of the Leased Premises and such other portions of the Office Building as it is authorized to use under the terms of this lease shall be wholly and at its own dsk, Landlord shall have no liability for loss or damage to the fixtures or the personal property of Tenant, or those claiming under Tenant whether occurring by reason of theft, vandalism, fire or other casualty or the bursting, stopping of leaking water, gas sewer pipes or othenvise, nor for injury or death to any person. INDEMNITY UABILITY AND LOSS OR DAMAGE: By taking possession of the Demised Premises, Tenant accepts same as suitable for the purpose for which same are leased and accepts the building and each and every appurtenance thereof, and Tenant by said act waives any and all visible defects as well as defects that are ascertainable by the exercise of due diligence. Landlord shall not be liable to Tenant or Tenant's agents, employees, guests, invitee, or any person claiming by, through or under Tenant for injury to person, loss or damage to property, or for loss or damage to Tenant's business, occasioned by or through the acts or omission of Landlord, or the agents or employees of Landlord except Landlord's gross negligence or willful wrong, to the extent Landlord is not prevented by law from contracting against such liability. Tenant shall indemnify Landlord and save it harmless from or out of any occurrence in, upon, at or from the Demised Premises or any part thereof, occasioned wholly or in part by any act or omission of Tenant, its servants, agents, employees, contractors, invitee or licensees. If Landlord shall, without fail on its part, be made a party to any action commenced by or against Tenant, then Tenant shall protect and hold harmless and shall pay all costs, expense and reasonable attorney fees. DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are located shall be damaged by any means or cause whatsoever except as stipulated under section for "Tenant Responsibilities," not caused or contributed to by the negligence or fault of Tenant, it's employees, servants, agents, invitee or visitors, and if repairs of said damage can be reasonably expected to be substantially completed within a period of thirty (30) days by using standard working methods and procedures, Landlord shall within a reasonable time after occurrence of said damage, enter and make repairs and this lease shall not be affected but shall continue in full force and effect. However, if said damage cannot be repaired within a pedod of thirty (30) working days by using standard working methods and procedures, then this lease shall cease and terminate as of the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately surrender the Demised Premises to Landlord. If Landlord restores the Demised Premises, Landlord shall within a reasonable period of time enter and make repairs and this lease shall not be affected except that rents hereunder shall be reduced or abated while such repairs are being made for the period of time and in the proportion that'the Demised Premises are untenantable. If, however, such damage is contributed to by or results from the fault or negligence of Tenant, Tenant's employees, agents, servants, invitee or visitors, such damage shall be repaired by and at the expense of Tenant, under the control, direction and supervision of Landlord, and the rent shall continue without abatement or reduction. The completion of the repairs of all such damage is subject to reasonable delays resulting from survey of such damage, obtaining plans and letting contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or other causes beyond the control of the party obligated to make such repairs. SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other for loss adsing out of damage to or destruction of the Demised Premises or contents thereof when such loss is caused by any perils included within the State of Texas fire and extended coverage insurance policy, this agreement shall be binding whether or not such damage or destruction be caused by negligence of either party or their agents, employees or visitors. LAWS AND REGULATIONS: Tenant will maintain the Demised Premises in a clean and healthful condition and comply with all laws, ordinances, rules and regulations (State, Federal, Municipal, and other agencies or bodies having jurisdiction thereof} with reference to use, conditions or occupancy of the Demised Premises. RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements and rules of the building, as set forth in Exhibit "E" hereof. Landlord shall at all times have the right to change such rules and regulations or to amend them in such reasonable manner as may be deemed advisable for safety, care and cleanliness of premises and for preservation of good order therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in writing. ENTRY FOR REPAIRS AND INSPECTION: Tenant will permit Landlord or owner or their officers, agents and representatives dght to enter into and upon any and all parts of the Demised Premises at all reasonable hours to inspect same or clean or make repairs, alterations or additions as Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in rent by reason thereof. NUISANCE: Tenant will conduct its business and control its agents, employees and invitee in such a manner as not to create a nuisance, interfere with, annoy or disturb other tenants or Landlord in the management of the building. CONDEMNATION: Should the Demised Premises or the building be taken or condemned in whole or in part for public purposes, then the term of this lease shall, at the option of the Landlord, forthwith terminate. Landlord shall receive the entire award from such taking and Tenant shall have no claim. LANDLORD'S LIEN: Landlord shall have and Tenant hereby grants to Landlord a lien and security interest in all of the fixtures, trade fixtures, fumiture, equipment, stock, .qoods, merchandise and other property placed on the leased premises durinq the term of the lease to secure the payment of rentals and other sums due hereunder for the entire term of the lease. Landlord shall have and may exercise with respect to said property, all of the dqhts, remedies and powers of a secured party under the Uniform Commercial Code of Texas, includinq without limitation, the d,qht and power to sell at public or private sale or sales, or other-wise dispose of, lease or utilize the collateral and any part or parts thereof in any manner authorized or permitted under said Cede upon default by Tenant. HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the entire holdover period and will pay all attorney fees and expenses incurred by Landlord in enforcing its rights hereunder. No holding over by Tenant after the term of this lease, as such may be renewed or extended either with or without consent and acquiescence of Landlord, shall operate to extend this lease for a longer period than one (1) month unless a holdover agreement in writing specifies a longer period, and any holding over with the consent of Landlord in writing (unless such consent shall specify a longer period) shall thereafter constitute this lease as a month-to-month. APPROPRIATION CLAUSE: The parties agree that payment of monthly rental rate is subject to annual appropriation of funds by the city of Corpus Christi. If the lease isn't a budget item for any fiscal year the lease will terminate July 31 of the last fiscal year for which the lease funds have been appropriated. RENTAL ADJUSTMENT: The monthly rental from the anniversary date of this lease to December 31st of such calendar year shall be as set forth in paragraph (e) Definitions and Basic Provisions of this lease. Effective on the first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon lesser of either (a) the Consumer Pdce Index (CPI) (Section I below) or (b) the prorated share of Actual Expense Increase of taxes, insurance and utilities (See Section II below). CONSUMER PRICE INDEX - On the 1st day of January of each year referenced above, the Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any increase will be multiplied against the monthly rental set forth in paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). ACTUAL EXPENSE INCREASE: Effective on the 1st day of January of each year referenced above, the total expense of taxes, insurance and utilities for the months of January through and including December or the previous calendar year shall be compared to the total expense of taxes, insurance and utilities (which maybe required to be estimated by Landlord) for the next 12 months (January through and including December) and the Tenant's monthly rent shall be increased by 1/12th of the Tenant's prorated share of such increases in expenses. Tenant's prorated share shall be determined by dividing Tenant's net rentable space by the total net rentable space in the building. In the event that such an increase is due under this lease, Landlord may notify Tenant in writing of any such increase in the monthly rent, which will then become effective for the months of January through and including December of the applicable calendar year. In the event Landlord fails for any reason to notify Tenant of the increase, or if such increase is not determined until after the 1st day of January of the effective calendar year, such will not abate or waive the additional rental sums due Landlord and Tenant shall pay all such sums upon demand. The term "calendar year" as used herein means for the months of January through and including December of the year affected by the increase. By way of an example only, if a lease is effective on October 1, 1993 then on January 1, 1995, the monthly rental rate shall be increased based upon one of the methods described above (the Consumer Pdce Index method or the Actual Expense Increase method) for the calendar year 1994. Upon Lease expiration tenant agrees to restore demising premises to building standard. TENANT DEFAULT AND REMEDIES: The following events shall be deemed to be events of Default by Tenant under this lease: 1. Tenant shall fail to pay any installment of rent when due and such failure shall continue for a pedod often (10) days. 2. Save and except for monthly payment of rent, which is covered in subparagraph (1) above, Tenant shall fail to comply with any term, provision or covenant of this lease, and shall not cure such failure within thirty (30) days, after written notice thereof to Tenant, or if Tenant shall not have proceeded with all due diligence to cure such failure on such a manner that such failure is cured in any event within ninety (90) days, after written notice thereof to Tenant. 3. Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. 4. Tenant or any guarantor of Tenant's obligations under this lease shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Tenant or any guarantor of Tenant's obligations under this lease. 5. A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations under this lease. 6. Tenant shall desert or vacate any substantial portion of the premises. 7. Tenant shall do or permit to be done anything which creates a lien upon the premises. Upon the occurrence of any such events of default, Landlord shall have the option to pursue any one or more of the following described remedies, in addition to all other rights and remedies provided at law or in equity, without any notice or demand whatsoever: (A) Landlord may declare this lease terminated by giving notice to Tenant of Landlord's election to terminate the lease and thereby relieving Landlord and Tenant from further liability hereunder. (B) Landlord may terminate this Lease Agreement and the terms created thereby and forthwith repossess the Demised Premises, with or without process of law, and remove all persons or property from the Demised Premises without being deemed guilty of trespassing or without prejudice to any other remedy of Landlord for such default. Upon such termination, Landlord shall be entitled to recover as damages a sum of money equal to the total of (i) the cost of recovering the Demised Premises; (ii) the unpaid rent earned at the time of termination, plus interest thereon at the maximum lawful rate per annum from the due date; (iii) the present value of the balance of the rentals due for the remainder of the lease term, plus interest thereon at the maximum lawful rate, and (iv) other sums of money and damages owed by Tenant to the Landlord. (C) The Landlord may terminate the Tenant's right of possession (but not the Lease) and may repossess the Demised Premises by forcible entry or detainer suit or other-wise, without demand or notice of any kind to the Tenant and without terminating this Lease, in which event the Landlord may, but shall be under no obligation to do so, relet the same for the account of the Tenant for such reletting the Landlord is authorized, but not required to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient. If the Landlord shall fail or refuse to relet the demised premises, or if the demised premises are relet and a sufficient sum shall not be realized from such reletting to pay or satisfy the total of (i) the cost of recovery of the demised premises; (ii) the cost and expenses of such decorations, repairs, changes, alterations and/or additions; (iii) the unpaid rent earned at the time of termination of the Tenant's right of possession plus interest thereon at the maximum lawful rate from the due date; (iv) the present value of the balance of the rentals due for the remainder of the lease term, plus interest thereon at the maximum lawful rate, and (v) any other sum of money in damages owed by the Tenant to the Landlord; then, in that event, the Tenant shall satisfy and pay any deficiency which exists upon demand therefore by Landlord. The Tenant agrees that the Landlord may file suit to recover any sums falling due under the terms of this paragraph. No delivery or recovery of any portion due the Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of the Landlord nor shall such reletting be construed as an election on the part of the Landlord to terminate this lease, unless a written notice of such intention be given to the Tenant by Landlord. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter, elect to terminate this Lease for previous breach. In no event shall Tenant be entitled to receive any excess of any rent obtained by reletting over and above the Basic Rental herein provided. (D) The Landlord may take such action required to cure the breach and bill Tenant for any expenses incurred by the Landlord in cudng such breach, and the Tenant shall be obligated to pay the costs contained in the bill immediately upon its receipt by Tenant. ATTORNEY FEES: If on account of any breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to enforce or defend any of Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attomey's fees incurred by Landlord in such connection. SECURITY DEPOSIT: Upon receipt from Tenant of the sum stated in Section (g) Definitions and Basic Provisions, such sum shall be held by Landlord without interest as security for the performance by Tenant of Tenant's covenants and obligations hereunder, it being expressly understood that such deposit is not an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Upon the occurrence of any default by Tenant, Landlord may from time to time without prejudice to any other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrearage of rent and any other damage, injury, expanse, or liability caused to Landlord by such event of default and Tenant shall pay to Landlord the amount so applied in order to restore the secudty deposit back to original amount. If Tenant is not then in default hereunder, any remaining balance of such secudty deposit shall be retumed by Landlord to Tenant upon termination of this lease. INTEREST: Any sums payable by Tenant pursuant to the provisions of this Agreement shall be due and payable unless specifically provided elsewhere herein upon the demand of Landlord and such shall bear interest at the rate of ten parcent (10%) par annum from the date of such demand until paid. LATE PAYMENT CHARGES: In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a padod of ten (10) days after payment would otherwise be due then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to five par cent (5%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for herein. QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and parforming all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Demised Premises. SUBORDINATION: Tenant hereby subordinates this lease and all dghts of Tenant hereunder to any mortgage or mortgages, or vendor's lien or similar instruments shall be superior to and prior to this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a purchaser at any such foreclosure sale (any such mortgagee or other lien holder or purchaser at any such fore-closure sale being each hereinafter referred to as "The Purchaser at Foreclosure"), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter, remain bound by novation or otherwise to the same effect as if a new and identical lease between the Purchaser at Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the term of the lease in effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or to confirm any election to continue this lease in effect in the event of foreclosure, as above provided. SEVERABILITY: If any clause or provision of this lease is illegal, invalid or unenforceable under present or future laws effective during the term of this lease, then and in that event it is the intention of the parties hereto that the remainder of this lease shall not be affected thereby, and it is also the intention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such clause or provision as may be possible and legal, valid and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision or provisions of this lease. MISCELLANEOUS: 1. Tenant shall not place, install or operate in the Demised Premises or in any part of the building, any engine or machinery, or maintain, use or keep any inflammable explosive or hazardous material nor do any work causing noxious or malodorous fumes of any kind whatsoever without prior written consent of Landlord. 2. No signs, advertisements or notices shall be painted or fixed on or to any windows, or doors, or other parts of the building, except of such color, size and style, and in such places as approved by Landlord. 3. Tenant shall refer all contractors, contractor's representatives and installation technicians, rendering any service to Tenant to Landlord for Landlord's supervision, approval and control before the performance of any contractual service is done. This provision shall apply to all work performed in the building including installations of telephones, telegraph equipment, electrical devices, and attachments, and installations of any nature affecting floors, walls, woodwork, tdm, windows, ceiling equipment or any other physical portions of the building. Landlord shall not be responsible for any work or for contractor, contractor's representatives, or installation technicians who render any services for the Tenant and Tenant shall hold Landlord harmless therefrom 4. Directory stdps shall be furnished upon move-in, strips requested after move-in will be furnished by Landlord with an applicable charge. 5. No portion of Tenant's area or any other part of the building shall at any time be used or occupied as sleeping quarters or lodging quarters. 6. All services rendered by Building personnel which is the responsibility of the Tenant will be charged at current rates, which ara subject to increase, with a minimum one (1) hour. 7. Landlord will not be responsible for lost or stolen personal property, equipment, money or jewelry from Tenant's area or public rooms regardless of whether such loss occurs when the area is locked against entry or not. 8. All plans for any improvements or alterations made by Tenant and at Tenant's expense, must be submitted for Landlord's approval. Upon completion of said improvements or alterations, "as built" drawings shall be furnished to Landlord by Tenant at Tenant's expense. 9. Landlord will not permit entrance to Tenant's suite by use of pass keys controlled by Landlord to any person at any time without wdtten permission by Tenant, except employees, contractors, or service personnel directly supervised by Landlord. 10. Tenant warrants that it has had no dealing with any broker or agent in connection with negotiation or execution of this lease other than Landlord's broker, if any. Landlord's broker is ARMCO - Gulf Coast, LTD. CO. RELOCATION: Upon at least sixty (60) days' notice to Tenant, the Landlord shall have the right to relocate Tenant within the building in a designated space which is t. he same size or larger and of the same quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards, door signs, exterior signage, and to re-establish the. interior as their previous space, etc. Rent shall not be increased if the relocation office space is larger. Relocation date shall be contained in the relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with such relocation except for undue delay or property damages caused by Landlord or Landlord's employees, agents or contractors. If and when relocation occurs, the lease shall be amended so as to substitute the new space for the old. NOTICE: Whenever any Notice or Demand is required or permitted pursuant to the terms and conditions of this Lease Agreement, such Notice or Demand shall be given or served in person or shall be deemed to have been served, whether actually received or not, when such Notice or Demand is reduced to writing and deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party to whom directed as follows: LANDLORD: Wilson Plaza Associates L. P. 606 N. Carancahua, #900 Corpus Christi, TX 78476 TENANT: The City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Such address may from time to time change by either party hereto by serving Notice as provided herein. ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in wdting herein, and it is likewise agreed that this lease shall not be altered, waived, amended or extended other~vise than as provided herein, except same may be done in writing signed by proper authority of both parties. TRANSFER OF LANDLORD'S LIEN: Landlord shall have the dght to transfer and assign, in Whole or in part, all and every feature of its dghts and obligations hereunder and in the property and building referred to herein. Such transfers are to be in all things respected and recognized by Tenant. OTHER CONDITIONS: ATTEST: Armando Chapa, City Secretary City of Corpus Christi Date George Nec City Manager, City of Corpus Christi APPROVED AS TO FORM: Ass't City Attorney for City Attorney City of Corpus Christi VVITNESS MY HAND this day of ,20 Date STATE OF TEXAS } COUNTY OF NUECES } This instrument was acknowledged before me on ,20 . Printed name of Notary Notary Public in and for the State of Texas My commission expires: 12 WITNESS MY HAND this day of ,20 Wilson Plaza Associates, L. P. Focus Investment Co. L.L.C. General Partner By Robert H. Winter General Manager STATE OF TEXAS } COUNTY OF NUECES } This instrument was acknowledged before me on Pdnted name of Notary State of Texas My commission expires: ,20 Notary Public in and for the EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to-wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Chdsti, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT I1: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Chdsti, Texas, as shown by the map or plat thereof,, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT IIh Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a ddll hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest comer of the R. M. Kleberg Tract, for the northwest comer of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast comer of said Block 3, the northeast comer of said Kleberg Tract, for the Northeast comer of this survey; THENCE South I degree 00~/Vest with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet.to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R.M.- Kleberg, and wife, Mamie S. Kleberg to D. I{ Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. 14 EXHIBIT sD' FLOOR PLAN QU[K EXHIBIT "C" IMPROVEMENTS All improvements listed below in this Exhibit shall be completed by Landlord and paid for by Tenant in one lump sum as described in another document Scheduled Work Agreement. FLOORING COVE BASE LIGHTING CEILING ELECTRICAL WALL CONSTRUCTION CELL CONSTRUCTION INTERIOR DOORS EXTERIOR DOORS Tile shall be as per building standard. Tenant to select color. Building standard color co-ordinate with carpet. Building standard. Building standard. Building standard Building standard See Scheduled spedfications Building standard Building standard Work Agreement for cell construction See Exhibit "D" for construction plans. EXHIBIT CONSTRUCTION PLAN ' "SHEETROCK SOLID METAL [TAL MESH FINGER MULTI (2-3) DNA PRINT PHOTO MULTI (4-5) FEMALE ~IGER TIGER FIGER JUDGE INTOXif (2-3) I RESTROOM INTOX RESTROOM (2-3) REST~ SINGLE LEOPARD i,i BOOKING t.,..I © © © © COURTROOM EXHIBIT "E" RULES & REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY The requirements of Tenant will be attended to only upon application at the office of the building. Employees of Landlord will not perform or do anything outside of regular duties, unless under special orders from Landlord's Management Office. Tenant will be allowed access to the building between 7:00 am and 6:00 pm. Tenant may also enter the building after these hours using their lobby keys and their office keys. Anyone not satisfying the watchman of his dght to enter the building, may be excluded by him. The Landlord will in no case be liable for damages for any error with regard to the admission to or exclusion from the building of any person. In casa of invasion, riot, public excitement or other commotion, Landlord reserves the dght to prevent access to the building during the continuance of same by closing doors or otherwise. The sidewalks, enthes, passages, court, corridors, stair-ways, elevators and all other common areas shall not be obstructed in any way, by Tenant, his employees or agents, or used by them for purposes other than for ingress or egress to and from their respective suites. All safes or other heavy articles shall be carded up or into premises only at such times and in such a manner as shall be prescribed by Landlord, and Landlord shall in all cases have the dght to specify the proper weight and position of any such safe or heavy article. Any damage done to the building by taking in or removing of said articles, or dudng the time they are in the leased premisas, in any way, shall be paid by Tenant. Defacing or injudng in any way, in any part of the building by Tenant, his agents or servants, shall be paid by Tenant. No furniture, packages, supplies, equipment or merchandisa shall be received in the building or carded up or down elevators, except between such hours and in such elevators as shall be designated by Landlord. No sign, fixture, advertisement or notice shall be displayed, painted or affixed by Tenant on any part of the outside or the inside of said building or on or about the premises of any Tenant without the wdtten consent of Landlord, and only then of such color, size, style, materials and other specifications as shall be specified by Landlord and such approval shall not be unreason-ably withheld. No Tenant shall obstruct or interfere with the dghts of other Tenants or in any way injure or annoy them, or conflict with the laws relating to fire, or with any regulation of the fire department, or with any insurance policy upon said building or any part thereof, or conflict with any of the rules or ordinances of the Board Of Health Of Corpus Christi, Texas. No Tenant shall employ any person or persons other than the janitor of Landlord for the purpose of cleaning or taking care of the leased premises without written consent of Landlord. Landlord shall in no way be responsible to any Tenant for any loss of property from leased premisas, however occurdng, or for any damage done to the furniture by the janitor or any of his employees, or by other person or persons whomever, when in the employ of Tenant. The janitor of the building may at all times keep a passkey and he and other agents of Landlord shall at all times be allowed admittance to the leased premises. No additional locks shall be placed on any doors without the pdor written consent of Landlord, nor shall any duplicate keys be made. All necessary keys shall be furnished by Landlord and same shall be surrendered to Landlord upon termination of this lease, and Tenant shall then give Landlord or his agents, explanation of the combination to all locks upon doors of vaults, RULES & REGULATIONS CONT'D with the exception of ATM. Keys requested after initial keys have been made will be furnished by Landlord with an applicable charge to Tenant. 10. The restrooms, lavatories, drinking fountains and other water fixtures shall not be used for any purpose other than those for which they were constructed, and any damage resulting to them from misuse, or defacing or injury of any part of the building shall be borne by the person who shall occasion it. No person shall waste water by interfacing with the faucets or otherwise. Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not to be disposed of in ddnking fountains or sinks. 11. No person shall disturb the occupants of the building by the use of any musical instrument, the making of unseemly noises, or by interfering in any way. No animals will be allowed in the building, with the exception of such animals as specifically trained to aid the handicapped. 12. No bicycles or similar vehicles are to be allowed in the building. 13. Nothing shall be thrown or lowered from any of the windows from the building or down the stairwells or other passages. 14. Landlord shall not be liable for any damages from the stoppage of elevators for necessary repair and maintenance or desired repairs and improvements or delays of any sort or duration in connection with the elevator service. 15. If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its agents will direct the technicians as to where and how the wires may be introduced, and without such directions no boring or cutting of wires will be permitted. 16. Tenant shall not be permitted to use or keep in the building, any kerosene, camphene, burning fluid or other illuminating materials, except candles, and except the electricity in general use in the building. 17. No sleeping, cooking, dyeing clothes, cleaning, or laundering shall be done or permitted on the demised premises Without the written consent of Landlord, with the exception of normal microwave oven use. 18. Landlord reserves the right to exclude or expel from the building any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or shall in any manner do any act in violation of any rules and regulations of the building. 19. Movement in or out of the building of furniture or office equipment or dispatch or receipt by the Tenant of any merchandise or materials which require the use of elevators or movement through the building entrances or lobby shall be restricted to the hours designated by Landlord. The Land-lord may require any such movement of fumiture or equipment that will interfere with normal building traffic is to be restricted to odd hours, as follows: after 6:00 am Monday through Friday, or Saturday and Sunday. 20. Removal of furniture from the building will require presentation of a permit or written authorization to an authorized representative of Landlord. Secudty guards, janitors, watchmen, as well as employees and agents of Landlord have the right to challenge any and all persons leaving the building with such articles. 21. Canvassing, soliciting or peddling in the building is prohibited without written consent from Landlord, and Tenant shall cooperate to prevent same. 22. All stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire, and an open door may permit smoke to enter the area thereby making evacuation impossible. EXHIBIT "F" MAINTENANCE AND REPAIR Tenant shall promptly reimburse Landlord for the cost of repairing or replacing damage which is caused by Tenant, Tenant's agents, employees, family, or licensees, invitee, visitors, or customers, plus 10% overhead. Landlord may require advance payment therefore prior to repair or replacement. Landlord shall maintain the intedor of Tenant's office space in good repair at Tenant's expense. Landlord shall have the dght of approval of all repairmen or maintenance personnel. Tenant shall not damage or allow others to damage any portion of the leased premises. Tenant shall pay for unstopping any drains or water closets in Tenant's office space. EXHIBIT "G" ACKNOWI_EDGEMENT OF LEASE The undersigned parties acknowledge that the lease described below is in full force and effect. Date of lease: Mamh 10, 2004 Landlord: Wilson Plaza Associates L. P. Tenant: The City of Corpus Chdsti Suite No. 113 Square feet of rentable area 3,681 Building address: 615 Leopard City/County/State/Zip: Corpus Christi, Nueces, Texas, 78476 Building legal description: The Wilson Plaza an addition to the City of Corpus Chdsti, Nueces County, Texas, (see Exhibit 'W': LeRal Descdption)l address of such premises being shown and outlined on attachedExhibit2B". The commencement date, annual anniversary date, and ending date of the initial lease term as defined in paragraph 4.1 of above lease are as follows: Commencement date (month, day, year) September 1, 2004 Annual Anniversary date (month, day) September 1 Ending date (month, day, year) Au,qust 31,2011 The parties acknowledge that the lease has not been amended or modified and that his acknowledgement may be filed of record with the Texas Secretary of State or the county where the building is located in order to record (1) Tenant's possession rights to the leased premises, and (2) Landlord's contractual landlord lien dghts over all personal property therein. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's title if Landlord files an affidavit of record, stating that Tenant no longer occupies the premises and that Tenant's right of possession has been lawfully terminated. LANDLORD: Focus Investment Co. L.L.C. ~ General Partner By TENANT: The City of Corpus Christi Robert H. Winter General Manager Date signed Date signed Building Construction Agreement TI-IlS AGREEMENT made this 13~ day of April,2004 By and between Wilson Plaza A~sociates, LP, Hereinat~er referred to as "Landlord", and The City of Comus Christi hereinafter referred to as "Teeam", the Landlord and the Tenant, for the considerations hereinafrer named, agrees as follows: 1. The Scope of the Contract: The Landlord shall furnish to the Tenant ail of the labor and material required for the construction of a new Magistrate-Detention Center at Wilson Plaza. Suite #113-A, The Landlord shall provide and pay for ail materials, labor and tools needed to complete the Magistrate- Detention Center, unless otherwise stated herein. In the event that Landlord is unable to obtain from its usual or ordinary sources of supply the materials specified in said plans, Landlord shall have the right to substitute said materials with materials of similar pattern, design and quality. 2. Contract Sum and Payment: The Tenant shall pay to the Landlord for furnishing the labor and materials and for the construction of this Magistrate-Detention Center the sum of $295,000.00, as of March 27, 2004, paid as follows: $73,750.00, down payment on the signing of this Agreement, the balance in draws upon states of completion as stated below: $55,312.50 upon 25% of oonstruetion comnletion $55,312,50 upon 50% of construction comoletion $55.312.50 upon 75% of Construction completion $55.312.50 upon 100% of construction comoletion The finai payment shail be made upon completion of the work and before occupancy. 3. Start of construction and completion: The Landlord shail commence construction of the Magistrate-Detantion Center as soon as practical after signing of this Agreement. The Landlord shall complete construction as expeditiously as possible, provided that nothing contained herein shall render the Landlord liable for any delay caused by acts of arbitration, failure of any subcontractor or material man, tim, strikes, legal acts of public authorities, war, inclement weather, allocation of materials or materiai priorities, delays or defaults by public or private carders, shortages of material or labor, acts of Tenant or persons employed or hired by Tenant, Acts of God, or other work stoppages, casualties, or other causes beyond the control of the Landlord, the foregoing list is illustrative of canses for delay in construction and is not intended to be ail inclusive. 4. Supervision of Work: Tenant agrees that the direction and supervision of the working force including subcontractor, rests exclusively with the Landlord, or his duly designated agent, and Tenant agrees not to issue any instructions to, or otherwise interfere with, same. 5. Changes, Alterations, and Extras: All changes in or departures from the plans and/or specifications shall be in writing. Where changes in, or departure from, plans and specifications requested in writing by Tenant, will result in furnishing of additional labor and materials the Tenant shall pay the Landlord for such extras at a price agreed upon in writing before commencement of said change. Where such change results in the omitting of any labor or materials, the Landlord shall allow the Tenant a credit therefore at a price agreed to in writing before commencement of said changes. Any change, alterations or extras fi.om the plans or specifications which may be required by any public body or inspector, shall constitute an extra and shall be paid for the same as any other extra as provided in this paragraph. 6. Possession of Magistrate-Detention Center Upon Completion: On final payment by Tenant and upon Tenant's request Landlord will provide Tenant with affidavit stating that all labor, materials and equipment used in the construction have been paid for or will be paid for in full by the Landlord unless otherwise noted. Landlord shall not be required to give possession oftbe Magistrate-Detention Center to the Tenant before final payment by Tenant. Final payment constitutes acceptance of the Magistrate~Detention Center as being satisfactorily completed unless a separate escrow agreement is executed between the parties stipulating the unfinished items. Lute Charge on Delinquent Payments: Should the Tenant fail to pay any draw when due as agreed to herein, or fail to pay for any change, alteration or extra before commencement of the work as provided herein, or fail to pay the final payment upon completion of the work all said delinquent payments or any unpaid portion thereof; shall be subject to a late charge calculated at the rate of one and one-half (1 V~ %) percent per month until paid, and the Tenant agrees to pay said late charge to the Landlord. The Tenant acknowledges that he has read and fully understands the provisions of this Agreement. IN WITNESS WHEREOF, the Landlord and Tenant have hereunto set their hands this ] ~l~day of~ 20 ~L LANDLORD: Robert H. Winter ~ ~/ IN WITNESS WHEREOF, the Landlord and Tenant have hereunto set thek hands this day of 20 ATTEST: Armando Chapa, City Secretary City of Corpus Christi Date George Noe City Manager, City of Corpus Christi APPROVED AS TO FORM: Ass't City Attorney for City Attorney City of Corpus Christi Date 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4-20-04 AGENDA ITEM: (Caption as it should appear on the agenda) ITEM A: MOTION TO AMEND PRIOR TO SECOND READING BY CREATING NEW SECTIONS FOR ECONOMIC DEVELOPMENT, PLAN IMPLEMENTATION; DELETING THE DUNE PROTECTION SECTION AND COMBINING DUNE PROTECTION WITH THE ENVIRONMENTAL SECTION; DELETING THE BEACH ACCESS SECTION AND COMBING BEACH ACCESS WITH THE TRANSPORTATION SECTION; DELETING THE PACKERY CHANNEL SECTION AND COMBINING PACKERY CHANNEL WITH THE NEW ECONOMIC DEVELOPMENT SECTION; ADDING ADDITIONAL FIGURES; MODIFYING THE FUTURE LAND USE AND TRANSPORTATION FIGURES AND OTHER GENERAL WORDING CHANGES THROUGHOUT THE PLAN TO INCORPORATE PUBLIC COMMENTS. ITEM B: ISSUE: SECOND READING OF AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE CITY") BY ADOPTING THE MUSTANG-PADRE ISLAND AREA DEVELOPMENT PLAN; DEFINING THE CITY'S COMPREHENSIVE PLAN POLICIES ON MUSTANG AND PADRE ISLAND FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, ECONOMIC DEVELOPMENT, PUBLIC SERVICES, CAPITAL IMPROVEMENTS, AND IMPLEMENTATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The City Charter requires the City to maintain a Comprehensive Plan for all areas of the City and its Extraterritorial Jurisdiction. Currently, the City does not have an approved long range Area Development Plan for Mustang and Padre Islands. The Plan will assure a more coordinated and comprehensive approach for planning for the environment, land uses, transportation network, utilities, park and recreation services, zoning, platting, economic development, and public facilities. The Mustang-Padre Island Area is a high growth area of the City. A plan is needed to communicate the City's future growth pattern and vision to developers, property owners, residents, City staff, and other governmental entities. On December 9, 2003, the City Council tabled action on Second Reading of the Plan until March 23, 2004 so that the following two items could be achieved: · Resolve concerns with the draft Plan expressed by Mr. Paul Schexnailder; and · Conduct a community meeting before the Planning Commission to obtain more input from the Island community. Both of these items have been completed. Staff met several times with Mr. Schexnailder and his engineer, to resolve issues Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 with the draft Plan (See Attachment II). The Planning Commission held a public meeting on February 12, 2004 on Padre Island. The meeting was well attended and numerous comments were expressed by the public (See Attachment Ill). At the public meeting a new citizens committee, the Ad Hoc Island Planning Committee, stated they would provide Staff written comments on the draft Plan including a detailed capital improvement project list. The comments and CIP list were submitted to Staff on March 23, 2004. Second reading was then delayed until April 20, 2004, in order for staff and the Ad Hoc Citizens Committee to discuss possible revisions to the draft Plan. The draft Plan has been significantly revised to reflect many of the Islander's suggestions and recommendations received at the community meeting. REQUIRED COUNCIL ACTION: Approval of Ordinance on second reading adopting the Mustang-Padre Area Development Plan as an element of the City Comprehensive Plan. PREVIOUS COUNCIL ACTION: The Plan was approved at a public hearing and the first reading at the December 9, 2003 City Council meeting. City Council then tabled adoption and second reading of the Plan until March 23, 2004 in order to obtain more public input. Subsequently, the City Manager delayed action until April 20, 2004 to allow the Island Planning Group to work with Staff on final revisions. FUNDING: NA CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the Mustang-Padre Island Area Development Plan. Director of Development Services Attachments: Attachment I: Attachment Ih Attachment II1: Attachment IV: Attachment V: Attachment VI Attachment VII: Attachment VIII: Attachment IX: Asst. Director of Development Services Additional Background Information Asset Development's Preliminary Comments and Staff Response Public Meeting Comments 2/12/04 Island Presbyterian Church Ad Hoc Island Planning Committee Comments/City Response 4/12/04 Ad Hoc Island Planning Committee Comments/City Response 3/23/04 11/18/03 Draft Plan Comparison vs 4/20/04 Proposed Plan Power Point Presentation Revised Draft Mustang-Padre Island Area Development Plan Ordinance Adopting the Mustang-Padre Island Area Development Plan Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Attachment I [ ADDITIONAL BACKGROUND INFORMATION Subject: Draft Mustang-Padre Island Area Development Plan: an Element of the Corpus Christi Comprehensive Plan History: The City Charter requires the City to maintain an up-to-date Comprehensive Plan and requires the Planning Commission and City Council to hold a public hearing prior to adoption of any plan element. On March 7, 1989, City Council adopted the first development plan for the island. The plan included the construction of the proposed Packery Channel project, but did not indicate a definite funding source for construction. Subsequently, the Corpus Christi Tax Payers Association presented City Council with a voter's referendum petition on repealing the Plan and the proposed Packery Channel project. On June 13, 1989, City Council, while indicating support for the Plan, decided it would be best to repeal the Plan rather than have citizens vote on the Plan and the unfunded Packery Channel. City Council also indicated that once the other Area Development Plans were completed, staff would submit a new Mustang-Padre Island Plan for adoption. Planning Process: The planning process approved in January 2003 called for a plan to be ready for City Council approval before the end of the year. A key element of the planning process was to formulate a detailed list of plan issues to be addressed with residents, business owners, and developers on the island. An Island Stakeholders Group was established and played a fundamental role in evaluating the issues and initial drafts of the plan. Staff and the Island Stakeholders Group met on four occasions between March and September. The Mustang-Padre Island Plan was presented for review, comment and endorsement to the Transportation, Park, and Watershore Advisory Committees as well as the Nueces County Beach Management Committee. On November 5t~, the Planning Commission held a second public hearing on the Plan and recommended City Council adoption with a number of policy revisions to the draft plan. On December 9, 2003, City Council held a public hearing and the first reading and tabled the second reading until March 23, 2004. At the request of City Council the Planning Commission, held a third public hearing on February 12, 2004 on Padre Island. At that public meeting a new citizens committee, the Ad Hoc Island Planning Committee, stated that they will provide Staff written comments on the draft Plan including a detailed capital improvement project list. Because the Group needed more time to provide their comments, the City Manager delayed the second reading until April 20, 2004. Staff received the comments and CIP list on March 23, 2004 and met with the Ad Hoc Island Planning Committee on three occasions during March and April. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 The Plan has been significantly revised to reflect many of the Islander's comments suggestions and recommendations. Plan Highlights Plan Mission Statement Excerpt "The ultimate goal of this plan is to assist in transforming the Mustang-Padre Island area into a world-renowned tourist, resort and residential community." The City "... commits to doing its part to ensure the long-term success of Mustang-Padre Island." Environment Dune Protection Authority - Continue to pursue delegation of dune permit authority from Nueces County to facilitate a one stop permitting process. Site Plan Review - A site plan review process is proposed for the area and in a manner that would be coordinated internally and ensure a more thorough review of permit requests: Land Use S.P.I.D. -create a "sense of place" and enhance the visitor experience by" improving the appearance of the public and private developments along S.P.I.D.i.e., signage, lighting, street furniture, use of high quality building materials. Expanded Canal System - Expand the canal system to connect Padre Isles with the Lake Padre Area. This will improve water quality, connectivity and storm drainage along S.P.I.D. Industrial Uses - unless superceded by state law (oil and gas) prohibit industrial uses on the island. Mixing of Uses - High quality mixed use developments are encouraged. The use of Planned Unit Development is recommended throughout the area to assure that the complex issues of zoning, platting and site plan review are handled in unison to facilitate innovative design and higher quality development Visitor's Center- Locating a permanent visitor's Center between the JFK Bridge and Aquarius Street. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 lransportation S.P.I.D. - pursue a reduction in traffic speeds, use access management techniques to ensure a smooth flow of traffic, and provide pedestrian improvements. State Highway 361 - plan for additional two travel lanes and use access management techniques to ensure smooth traffic flow as development occurs. Pedestrian and Bicycle Amenities - pursue funding for pedestrian and bicycle amenities (Figure 14) Economic Development Padre Island Tax Increment Financing District- capital improvements in or serving the district are of the highest priority. High Density of Development- the City will encourage high intensive developments east of S.P.I.D. and between Whitecap Boulevard and Zahn Road (north of Packery Channel. Public Services I Capital Improvements Gulf Beaches - investigate methods for improved funding of beach maintenance and use best management practices for maintaining the regions number one tourist attraction. Platting Ordinance - revise the Platting Ordinance to provide full credit for private park development. Specific Beach Utilization Plan - create a detailed design for recreational improvements for Packery Channel, the beaches and other shoreline recreational areas. Multi-purpose Meeting Facility - develop a meeting facility as place for resident public functions, senior citizen activities and other public/recreational functions. Fire and Police Facilities - investigate the need for another Fire Station and a Police Substation on the island. Water and Wastewater Services - pursue development of a public improvement district to provide water and wastewater services where not available to platted lots. "Wilson's Cut" -City acquisition of land adjacent to Wilson's Cut for the purpose of ensuring there will be permanent access to a public boat ramp. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Beach Parking Facility- provide a beach parking facility on city land adjacent to the Seawall. The facility should be lushly landscaped, contain restrooms and be ADA compliant. Plan Implementation Strategic Action Committee - creation of a citizens committee to implement the plan and act as an advocacy group to promote the island. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Attachment II Attachment I1: Asset Development Corporation's Preliminary Comments and Staff Responses Staff greatly appreciates the comments provided by Mr. Schexnailder and has included many new and revised policy statements based on his comments. ASSET DEVELOPMENT'S COMMENT 1: Work with land owners to establish dedicated property for the joint development of public plaza areas. STAFF RESPONSE: See new Policy Statement B.11. ASSET DEVELOPMENT'S COMMENT 2: Create an "Entrance to the Island. STAFF RESPONSE: See revised Policy Statement B.11. ASSET DEVELOPMENT'S COMMENT 3: Create an educational pedestrian pathway along the south side of Packery Channel between the ,1. F. Kennedy Causeway and the start of the Padre Island development. This pathway should provide observation sites with informative placards about the natural habitat and Mollie Beatty preserve. Special attention should be paid to the creation of resting areas and special features for photo opportunities. STAFF RESPONSE: See Policy Statement D.5, E.3 and F.4. ASSET DEVELOPMENT'S COMMENT 4: Develop a plan for better utilization of existing park lands. A joint effort between the City and County will be started to provide community playgrounds and practice fields on County Park No. 1. This should include the creation of a permanent area for island festivals and include a stage similar to that in Cole Park. It may be necessary to create a public/private venture to fully create such a venue. STAFF RESPONSE: See new Policy Statements E.2 and E.4: ASSET DEVELOPMENT'S COMMENT 5: Parking lots required to remove traffic from the beach will be required. STAFF RESPONSE: The plan does not support closing any of the gulf beaches to vehicular traffic without and over riding public safety concern. See revised Policy Statements C.15 and F.3. ASSET DEVELOPMENT'S COMMENT 6: Develop pedestrian/bike paths on S.P.I.D., Whitecap Blvd., Commodores Drive, and Sea Pines Blvd. STAFF RESPONSE: See new Policy Statement C.3 and Figure 14. ASSET DEVELOPMENT'S COMMENT 7: The city will plant palm trees, on thirty foot centers, along Whitecap Blvd., Commodores Drive, and Sea Pines Blvd. STAFF RESPONSE: See new Policy Statement B.11 and F.11. ASSET DEVELOPMENT'S COMMENT 8: Enhance the seawall with special pavers, landscaping, and lighting of steps and creation of shade. STAFF RESPONSE: See revised Policy Statement F.3. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 ASSET DEVELOPMENT'S COMMENT 9: Signage requirements should promote a coordinated and cohesive design. STAFF RESPONSE: See revised Policy Statement B.6 and B.11. ASSET DEVELOPMENT'S COMMENT 10: Promote the inclusion of public art in all future planning. STAFF RESPONSE: See new Policy Statement B.9. ASSET DEVELOPMENT'S COMMENT 11: Proceed with the extension ora new water line to insure an adequate supply of water for the continued development of the islands. STAFF RESPONSE: See new Policy Statement E.13. ASSET DEVELOPMENT'S COMMENT 12: Pursue construction of strategic pedestrian linkages in the Lake Padre area by means of a water taxi system. This will greatly reduce the need for tourists to use private transportation in the lake area. STAFF RESPONSE: See revised Policy Statement C.3 and Figure 14. ASSET DEVELOPMENT'S COMMENT 13: Continue to protect residential neighborhoods from encroachment of non-residential uses. STAFF RESPONSE: See new Policy Statement B.13. ASSET DEVELOPMENT'S COMMENT 14: Promote designated views from public rights- of-way and enhance scenic corridors and gateways. STAFF RESPONSE: See new Policy Statement B.11 and Figure 10. ASSET DEVELOPMENT'S COMMENT 15: Pedestrian improvements such as "bump-outs," designated crossing points and designated parking should be instituted in redeveloping Windward, Leeward and Whitecap Blvd. on the east side of SPID. STAFF RESPONSE: See new Policy Statement C.3 and Figure 14. ASSET DEVELOPMENT'S COMMENT 16: Prohibit sexually oriented businesses. STAFF RESPONSE: See revised Policy Statement B.14. ASSET DEVELOPMENT'S COMMENT 17: City in pqrtnership with the RTA, MPO, TxDOT, PIBA and POA shall create a transportation plan for the islands. This plan will address all issues of parking, speed control, landscaping and pedestrian rights-of-way. Funding for execution of the plan shall be identified and a schedule for execution shall be established. STAFF RESPONSE: See revised Policy Statement C.1. ASSET DEVELOPMENT'S COMMENT 18: The City will designate tourism as an industry to be promoted and recruited by all agencies of the City. STAFF RESPONSE: See revised Policy Statement B.2. ASSET DEVELOPMENT'S COMMENT 19: The Island will be identified as a special development area for tourism development. STAFF RESPONSE: See the Plan Mission Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Statement (after the Table of Contents) and numerous policies in the plan which set a higher standard for public and private development than anywhere else in the City. ASSET DEVELOPMENT'S COMMENT 20: Establish a continuous funding source and foster multiple partnerships for ongoing capital improvement on the islands. Funding mechanisms include tax increment financing, public improvement district, tax abatement/credits, or similar mechanisms. Multiple partnerships should include the RTA, Nueces County, MPO, and impacted private organizations. It may be necessary to establish portions of the islands as Tourist Development Districts where the taxes created are used to fund tourist related infrastructure. However, care must be taken to insure that such funding is reserved only for those projects' that create a measurable increase in tourism and not merely a shift in the current localparticipation patterns. STAFF RESPONSE: See revised Policy Statement D.1, D.2 and F.1. ASSET DEVELOPMENT'S COMMENT 21: Promote arts and cultural resources to be engines of economic development through strategic funding and other forms of assistance. STAFF RESPONSE: See Policy Statement B.9. ASSET DEVELOPMENT'S COMMENT 22: The City will conduct a planning process to determine the most acceptable manner in which to create a public beach park on the north side of Packery Channel. STAFF RESPONSE: See Policy Statements D.4, E.3 and E.2. ASSET DEVELOPMENT'S COMMENT 23: Provide public amenities throughout the Lake Padre area to make it a more attractive and "people friendly" activity center. STAFF RESPONSE: See Policy Statement D.5 and many other policies. ASSET DEVELOPMENT'S COMMENTS 24 and 25: Establish incentives for creating lower income housing on portions of the islands. Pursue designation for a portion of the Islands as a targeted area within the Corpus Christi Housing Finance Corporation's mortgage credit certificate program. STAFF RESPONSE TO ASSET DEVELOPMENT'S COMMENTS 24 and 25: The primary difficulty in providing Iow income housing on the island is the price of lots to construct low income housing are not affordable. A typically 6,000 square foot lot off the island may cost $10,000 while lots on the island will cost $25,000 or much more. Ifa developer can provide comparably priced lots to inland areas Iow cost could housing should be developed. STAFF RESPONSE: See new Policy Statement B.18. ASSET DEVELOPMENT'S COMMENT 26: Incentive programs such as Community Development Block Grant funds. STAFF RESPONSE: This program is already available citywide, including the islands, for individuals or families that meet HUD income guidelines. Mustang-Padre Island Ama Development Plan City Council Second Reading April 20, 2004 ASSET DEVELOPMENT'S COMMENT 27: A Strategic Action Committee will be established by the City to implement this plan. The group should consist of entrepreneurs and property owners with businesses or property located within the Island area, along with professional architects, engineers, and citizens with no financial interest in the area and representatives from governmental agencies that provide services to the area. · Projects for inclusion in the next City bondprogram will be identified. · Implementation of sustainable new or additional funding sources for island improvement, i.e., Tax Increment Financing District, Public Improvement District, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of this plan. · Annual input into the City's Capital Improvements Program STAFF RESPONSE: See new Policy Statements G.1 and G.2 Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Attachment III Attachment II1: Public Meeting Comments 2/12/04 Island Presbyterian Church Part I: Part I1: Part II1: Part IV: Summary of Public Comments A: Public Comments at the Island Presbyterian Church B: Hard Copy Written Comments C: Emailed Comments Minutes from the Community Meeting February 12, 2004 at the Island Presbyterian Church Hard Copy Written Comments Emailed Comments Part I: Summary of Public Comments at the Island Presbyterian Church 1. Give the Island equality of municipal spending as compared to the rest of the City. 2. An Island Committee will submit a list of capital improvements within the next two to three weeks. 3. Define a feasible program for plan implementation program. 4. The definition of Plan Unit Development and associated percent of commercial development is too restrictive. 5. Screen off storage tanks and industrial drilling activities on the island. 6. Policy Statement B13 pertaining to requiring a 30 foot green space when adjacent to single family residential zoning should be increased to 100 feet. 7. Will the bridge at Packery Channel be raised to permit sailboats to pass? 8. The traffic barriers along S.P.I.D. blocks residential views of water areas and the "cobra type" street lighting creates a glare at his residence. 9. A stoplight is needed and S.P.I.D. and Aquarius (North) Avenue. 10.An infrastructure development plan for A and B lots along S.P.I.D. between Whitecap Boulevard and Encantada is needed. Development has been stalled for decades because of lack of utility infrastructure, mainly sewer. 11. Proposed that a schedule be developed of when improvements contained in the Plan should be constructed. The highest priorities should include street repair, drainage, beach cleaning, and improved beach access. City voters should decide if and when any Gulf beaches are closed to vehicular traffic. 12. Promote development suited to the special environmental conditions on the Islands. Do not allow non-native species of plant material. Create open space and greenbelt habitats. Do not squander this great opportunity to preserve the natural assets of the Island. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Summary of Hard Copy Written Comments 13. Do not make our beaches as restrictive as in California and Florida but preserve the dunes and beach access. 14.A wonderful job is being done cleaning the seaweed from the beaches. Prevent glass containers on the beach especially during big events using volunteers and vehicle inspections. 15. Protect the natural beauty and natural resources of the island. 16. Protect the natural beauty and natural resources of the island. 17.Why are there no sidewalks being built on new construction on Windward, Leeward and Granada Drives? 18. Reduce the speed limit on SPID to 40mph. 19. Construct pedestrian walkways with traffic light control buttons at Commodore's Drive, Encantada Avenue, Sea Pines and at Whitecap Blvd. 20. Enforce speed limits. 21. Construct walkways on Windward Drive and the construction of covered walkways to the seawall. All walkways should have night lighting and be ADA accessible along the 4200 foot seawall. 22. Prohibit traffic on the beach in front of the seawall area. 23. Construct a parking lot on top of the seawall as required by the 74t~ Legislature. 24. Investigate angle parking with islands on Windward in lieu Of a parking lot on land owned by City on top of seawall. In lieu of parking lot construct a City Beach park with a public safety building for Para-medics and life guards. 25. Construction of a City maintenance building and yard on the Island. 26. Improve the appearance of the entrance to the island and its on-going maintenance. 27. Schedule the resurfacing of all roadways on North Padre Island within the next two years. 28. Waive city park dedication requirements for new development since some much of the area is already parks or openspace i.e., state and county parks, beaches, canals and channels, etc. 29. Increase the level of maintenance of the existing city parks. 30. Maintain clean beaches. 31. Pave roads and maintain them. 32. Encourage grocery store and pharmacy private investment. If necessary, provide incentives. 33. Insure commercial property plants enough vegetation for aesthetic purposes. 34. AII residential property must be developed within two years of purchase. 35. Limit the type of businesses allowed on the island. 36. Underground utilities to be mandated for residential and commercial building. 37. Create a windsurfing launching point at Packery Channel. 38. Cobra head light fixtures along causeway, between small bridge and Aquarius will cause annoying glare on canal side of Suntan. Shades by fixture manufacturer should be applied. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 39.The "Jersey Barrier", in the same street cuts off the view toward Port Aransas. Do they need to be so high? People will build those view towers on their house. 40.A traffic light will be needed at Aquarius and S.P.I.D. Consider that the population using this junction is increasing. 41. Rewrite the policy statement on placement of RV Parks to state that an RV park does not belong next to a residential area but rather in some isolated area like a state park. Such a use would be detrimental to the quality of life of adjacent permanent residents. 42. Property owner states that he is firmly against any changes to the existing business zoning until infrastructure improvements are put in place to enable development to accrue on S.P.I.D. The primary infrastructure needs stated by this property owner was the lack of wastewater service for lots fronting on S.P.I.D. 43. Construction Company states that water supply improvements are needed to support future development. 44.Too much park development is shown in the draft plan and too little acreage for commercial is shown. 45. Oil and gas drilling or pumping facilities should be screened from public view and any onsite lighting should be turned off when the facility is not in use. TxDOT should screen any pipe yards, industrial parking lots, etc. from motorist view on the island or elsewhere in the City. 46. Change the name of S.P.I.D. to South Padre Island Drive or Padre Island Drive. 47. Screen RV Parks from public view. 48, Prohibit billboards on the island. 49.Control the wake caused by boats in the canals and channels. 50. City or State should pay for access roads. 51. Develop a post disaster plan if one is not available focusing on expediting building permits and inspections after a major hurricane. 52. Develop funding mechanism for plan improvements. 53. Hotel Motel Taxes collected on the island should be spent on island improvements. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 SUMMARY OF E-MAIL COMMENTS 54. Let's create a living and visiting environment like that of the Carolina / fl coast, Hilton head/Sarasota, keep building limits, and make it Texas Mediterranean. 55. Preserve vehicular beach access. 56.Two additional golf courses were shown as proposed within a mile or so from the existing one. Are two additional golf courses necessary when the existing County Club and golf course is not full? 57. Consideration should be given to plan tentative locations of schools for a future community of 30,000 residents? 58. Policy A.1 indicates that paved parking may be allowed on the backside of the foredunes. Depressional coastal dune swales (wetlands) may be present within this portion of the foredune system, and should be protected. 59. Policy A.3. A statement is provided indicating that a preliminary determination and/or jurisdictional determination would need to be provided on the site plan. This is a good step to "bridge the gap" between the City's planning department and the regulatory and resource agencies that may have authority over these areas however, these preliminary determinrations will not provide the City the level of detail needed for planning purposes. 60. Policy A.8. The City should provide tax incentives to landowners that incorporate natural wetlands, natural barrier island vegetation, natural buffers, etc. into their site plans, provided '~hese areas are preserved in perpetuity through a conservation easement or deed restriction. This may include, at the discretion of the appropriate regulatory and resource agencies, mitigation areas for project impacts. 61. Policy A.9. The City should encourage the removal of nuisance, exotic and/or invasive species on property to be developed and prohibit the planting of landscape plants that are not conducive to the harsh environments on barrier islands and coastal environments. 62.Appendix A. Should the City protect non-jurisdictional wetlands? Yes. 63.Are lots south of Gulfstream exempt from the Dune Protection and Beach Construction certification? 64. I would like to see a theme park or something that would draw tourism like South Padre has but in North Padre Island. Maybe the JFK causeway by flour bluff would also be an area that could work. It might even spur some beautification efforts or refurbishment by the businesses already there! Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 PART I1: Public Comments Submitted at Public Meeting Regarding the Mustang-Padre Island Area Development Plan February 14, 2004, 6:00 PM, Island Presbyterian Church Mr. Jimmy Johnston - Island property owners want equality of municipal spending for the Island as compared to the rest of the City. Island property owners want to make sure it is getting the "best bang for the bucks" for Island services and facilities. An Island committee will submit a capital improvements project list to the City within the next two to three weeks. Mr. Jeff Frahm - Island property owners don't want the approved Plan to become a "Wish List". The Plan needs to have a concerted implementation program. Mr. Dan Winship - Requested substantial monies are needed for infrastructure improvements. The percentage or parkland within the Plan area of 57.1 seems too high. The land use plan should be more flexible than the precise breakdowns of 90%, 75%, and 51% used in the current plan. The City should consider using Australian Pine trees to visually screen off storage tanks and other unsightly structures. He will forward the rest of his comments in writing to the City. Ms. Arlene Minar- Supported the Plan recommendations for more equitable improvements to the Island as Mr. Johnston stated earlier. Mr. Al Lizakowski- Policy Statement B-13 will devalue the above average housing values on the Island by encouraging travel trailer parks. The 30 foot wide green space suggested for travel trailer parks along streets amounts to a dog run - the green space should be widened to a minimum of 100 feet wide. Will the bridge at Packery Channel be raised to permit sailboats to pass? Mr. Fred Viles - Identified himself and his wife as Winter Texans. The traffic barrier along S.P.I.D. blocks their view of water areas and the "cobra type" lighting creates a glare at his residence. A stoplight is needed and S.P.I.D. and Aquarius (North) Avenue. Mr. Dale Pittman - Padre Island Business Association's development plan for A and B lots along S.P.I.D. between Whitecap Boulevard and Encantada will hurt his business. Development has been stalled for decades because of lack of utility infrastructure, mainly sewer. Mr. Gart Bowling - Proposed that a schedule be developed of when improvements contained in the Plan should be constructed. The highest priorities should include street repair, drainage, beach cleaning, and improved beach access. City voters should decide if and when any Gulf beaches are closed to vehicular traffic. Mr. Jim Needham - Expressed strong opposition to closure of any beaches. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Mr. David Richter - Promote development suited to the special environmental conditions on the Islands. Do not allow non-native species of plant material. Create open space and greenbelt habitats. Do not squander this great opportunity to preserve the natural assets of the Island. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 PART II1: HARD COPY WRITTEN COMMENTS 1. Name: Marilyn Stewart Address: 13513 Port Royal Ct. Phone: 361 949-2274 Comment: Regarding restrictions on beaches, I don't want our beaches to be so restrictive (such as those in Fort Lauderdale, Hollywood & So. Florida beaches.) It is necessary to preserve the dunes and still have the beaches accessible. 2. Name: JoAnn Smith Address: 15530 Cuttysark Phone: 361 949-7114 Comment: Thank you for the wonderful job cleaning the seaweed - WOW! You guys are great! Please stop the glass during big events. Ask for volunteers to inspect cars. 3. Name: Janet Lamkin 4656 Address: 15402 Fortuna Bay #2803 Phone: 361 949- Comment: I appreciate your willingness and open mind to consider all ideas. As was brought to the Commission's attention, the natural beauty and natural resources for wild life and bird life is so important to more and more people. Let us be Stewarts of this island then all will benefit. The quality of life will be qualifiedly better. It may cost more, however in the long run; it will be an investment well worth the cost, thoughtfulness and effort. Name: John White Address: 13557 Camino de Plata Phone: 361 247-8180 Comment: Lots of tourists using the island will impact sensitive areas, alter migratory patterns of birds - cause irreversible destruction of beach dwellers and xxxxxxxx ZZZTZZ shore birds - heavy local usage will wear out natural habitats - I hope some consideration will be given to these points. Thank you. Name: E. Browninq Address: 14898 Granada Drive Phone: 361 774-1109 Comment: Residential properties are generally advertised as "walking distance to the beach". Why are there no sidewalks being built on new construction on Windward, Leeward and Granada Drives? Name: William H. Fennel Address: NA Phone: 361 815-7012 Public Safety Issues 1. Work with city to convince TX Dot to reduce speed limit on SPID to 40mph. Construct pedestrian walkways with traffic light control buttons at commodore's Drive and Whitecap Blvd. Local enforcement to strictly enforce speed limit. 2. Install new traffic light and pedestrian walkways with traffic light control buttons at Encantada Avenue and seashore learning center. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 3. Repeat number (2) at Sea Pines Drive within five years. 4. Consider the construction of walkways on City right-of-way on windward Drive and the construction of covered walkways to the seawall over easements previously granted by the Padre Isles Homeowner5s association. All walkways to have night lighting as well as the 4200 foot seawall. All walkways to be in compliance with the "Americans with Disabilities Act". 5. Prohibit traffic on the beach in front of the seawall area. 6. The construction of a parking lot on top of the seawall as required by legislative action by the 74th Legislature. Investigate the possibility of building angle parking with islands on Windward in lieu of parking lot on land owned by City on top of seawall. In lieu of parking lot construct a City Beach park with a public safety building for Para-medics and life guards. Capital Improvements Construction of a City maintenance building and yard on the Island. Development of a Plan to improve the appearance of the entrance to the island and its on-going maintenance. Schedule the resurfacing of all roadways on North Padre Island within the next two years. It should be noted that the entire island infrastructure was accomplished with private funds and that the island now represents on of the largest tax bases in the city. With the opening of Packery channel and the Causeway this area of the city is likely to continue its current trend of being the fastest growing area of the City of Corpus Christi. Recreational 1. Grant a waiver of the city's requirement to donate a percentage of the total number of acres of land being developed to the city for city parks. After all, the waterways on the island are public not private, boat launching ramps are owned by the homeowners association and are private and maintained by the HOA. 2. Increase the level of maintenance of the existing city parks. Name: Alex Blair Address: NA Phone: NA 1. Maintain clean beaches 2. Pave roads and maintain them 3. Encourage grocery store and pharmacy private investment. If necessary, provide incentives. 4. Insure commercial property plants enough vegetation for aesthetic purposes 5. All residential property must be developed within two years of purchase 6. Constraints on the type of businesses allowed on the island 7. Underground utilities to be mandated in the plan for both residential and commercial building. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Name: Roy Tansill Address: 16117 Poinciana Street Phone: 361 949- 1982 Comments: According to the Corpus Christi Planning Commission, windsurfing is the second largest tourism draw to the area. The Packery jetties will produce a wave sailing launch that would significantly add to attraction of vacationing windsurfers. Will the plan allow use of the beach area next to the jetties for wave sailing? Currently locals and tourists must travel to the jetties at Port Aransas for reasonable access to wave sailing and it is pretty much a "secret spot" jealously guarded by the locals. We all hope there will be an available launch at Packery jetties. Name: Fred Viles, P. E. 0137 Address: 13806 Suntan Ave. Phone: 361 949- Comments: I expect problems to residents of Suntan Ave. and the neighborhood: 1. Cobra head light fixtures along causeway, between small bridge and Aquarius will cause annoying glare on canal side of Suntan. Shades by fixture manufacturer should be applied. Do we really need new lights? 2. The "Jersey Barrier", in the same street cuts off the view toward Port Aransas. Do they need to be so high? People will build those view towers on their house. 3. A traffic light will be needed at Aquarius and S.P.I.D. Consider that the population using this junction is increasing. Name: Al Lizakawski Address: 14618 Villa Maria Isabel Phone: 361 949-9258 Comments: The RV proposal for a location next to an R-1 residential area should be re- evaluated to state that an RV park does not belong next to a residential area but rather in some isolated area like a state park, where one is presently located. The activity and turmoil present in a park of this type deems that it should not be located in an area that would be detrimental to the quality of life of adjacent permanent residents. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 CONS t Rr. JCTiON ^$SrS'I'ANCE & SERVICES. [KC. December 4. 2003 Department ¢,1t' [)ev¢lopmcnt P.t). Box 927? Corpu.n Cbx~td. Tcxa~ 78469-9277 ^~tn.: Mr Scot~ ~Lmakc~' N~A PadTe [~lan<L_ Commercml, and A~cnt Mr. Du~akey_ 'l'hi~ lei. leT ~s a follow~up to our phone co~3vcrsatioo Novem~r 25, '2003 concermng [asr 5 ye~ regarding thc infmst~c:ur~ development oe I~ tack ~e~e of in ~is vcW ~ca. Thc a~a I ~t ~fc~ng ~o a~ifically ts the A ~d H Iot~ ~rdcrcd ~ P~ Rd. 22 and Palmi~ Ave (no~h - aouth); and f~m Whit~ap B]vd. to Encan~ada St. (c~l - wesl}. [ r~¢nqly h~ a nleettng ~ 5~'~m] dc~cals of ch~ Chy of CO~; C:hrtRci tO once a~in add~s~ thc l~k of ini~autmc~r~ m 1bis area arid gel the~ iaaues b~k in f~nt of t~c ci~'. ~c dc~mcnls that were ]wenent for this m~ting x~rc ~nJng and C~= Enfo~cmcnt, E~g~r~flFl~ I}epl., ~tre~ Dept. ~d thc Ciw ~nag¢r. Mc. Skip N~ and thc oxmmll Iong-~e~ plan ~c int~ast~c~ure developmcnt for this a~a. It was my Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 CONS'['Rt, C'rlON ASS[STANCE & SERVICES, INC. ^s [ mentiom.'O aboYe I .,,,a.~ ~arpr~mJ b.,, your letter about m commill~e mmphmd of a group of Padr~ island ~idmts aad bmi~¢.~ oa~cr~ wo~ing with the ¢lty z~rdi~ thc zoning of ~hEs a,cu and thc ~ssibJe change~ 10 th~ zoning of thig area. The thin~ to mc wa~ the I~C~ lhat in alt my dmcamiom w~h th~ diffc~nt ciD' detriments il de,.eh*proem ut' Padre Island for over 20 3'~tm. [ would have cemmly lik~ 1o have de~tlmcnl managers of the Chly ol'Co~us Christi. EMro. Sue Corcy lbmally of Zoning a~ Code Eotk~rcemcnl. and Mr Ca~I Crull tb~cHy of lbo Engin~rms ~pl. and M~. J~hn Kmdc[I of ~he [latldi~g Dc~.~ while dc~.elopmg my m~ ~o~nie~ ~ 15706 Palmira Ave. Since man~. or [hc~ fo[ks ~ve ~ned t'rum th~ oily is why I t~]t nece.q~aU m gc~ thc infrastructure plobiems ~ck in front of thc nc~ city Just fo~ the rect~*d [ want to take a momem lu slate that I mn firmly ,~in~t any m~tficatio~s, change~, et~- 10 ~hc existing zmfing o~ build,rig code mquimmem~ ~uflhcrmore. [ am dc~ply conccm~ ~t the city ,* ag1 liatening to thc ~n~q (~f thc how their pro]~me~ cltn bc develop. I am al~, d~p]y vonccmcd tha~ ~e city would ~nlcr into negotiations walh ~ial imcr~t g~oap~ tha~ ~u[~ im~c their will develop th~t~ pro,hies b~au~ o~lhe in[rastructu~c probJ~m~. I~ my opinion, thi~ aas in ~*~enu~ ~11 ~fo~ other pa~q hi'the iuland. Thc c~nt c~e~ dlat ~.ere p~l in pl~c zt the rune tll' unncxatioa am sufficient. 'l'he~e codes ~h,uld ~ able m ~d[e any development tllat may h~[c plauc p~or to full mfr&qff~luru ~ing insla]i~. le~tticlmn ired codes for this area ~hould ~ ~cl5. left to thc dccmon ut' the o~crs ~4 no one else As [ stated aboYe ] I~el Ihe gui'rent propcrt'~' o',~..nel's gl' lhi.~ al'~a Ere in a dis~m~ smmtion with ~'gard to de~.elnping or ~]ling their propmen. be~n [~ develop my p~nies on Palm,~a I was cnc0umgcd by the m~' Planning and Aonm8 ~ment t~ p~iue a zoning change This wa~ ~cemmcnd~ m me ~au~ my business wa~ m ~h~ construction supply m~d building business. This bc an avenue m address Ibc ncc~/bp sen'ice ~'1~ 1}asme~ to ~tll kn~w this a~a of Padre ]*lung ~as always hM a dual ~e~dential and business COlBl~rclal /onin~. Thc r~son ] warn to explain ~y o~ 5Jl~tiOll r¢lcYanl to your sumey que~[iunnaim and mm~ ~s~hle deficiencies ia it. At the time of [he ~ezcmmg ~l,llon I was naively ~muad~l lhal applying for m~ Industrial zoning was thc pro~[ thing to ~ '['h~r¢ wa5 also a 1~ of Rupert and d~cu~ion mom ~m'icc D'~ hmmesse~ un thc island. To ~et to ~e ~n[ of my zonings chan~c ~itioo a. as drop~d after o~sition fram the S~ulal interest ~oups of Mustang-Padre Island Area Development Plan City Council Second Reading April 20. 2004 C¢)NSTRUCT[ON ASS[STANCE & hEllVL('ES. INt' thc LS]and. l'lmv were concerned thai ! wa.q gmr,g ~) ~rlITl uomc kin00[ ~mokc s~ck industrial bummers o~ thc i~[and I tr~ed to dLa~uadc du~ idea I~. explamm I had ~or Ibc ~rlor 15 vearq ]u my u[lcmpt Iv ~ho~ thc ~up~ Eot sc~qcc ¢'~ bu~,les~es ia this ama t mailed out a letter lay]Ilk out r]ly plan lb* m~ busine~ I also included a ~t:~'[~ lipa comment lhct~ t~r t~C cuncnt preen5 o~ne~ tn ~end l~ck mo rnc tO pm~nt :ntcrcst to the City of CJorpus Cbc,st] [ ~ct:cil~d ma~5 ~f'lhc ~u~'cy~ ~ck cndo~il~g my dca o/'dc~-cloping a sc~'icc ~:~ bu~mcs~ m [lu~ area. Much lu my ~urpn~c. I rcccl¥cd m nit wa~ Ihal sm*lc of lhc q~WnCT$ dctamlcd their o1~ lhmstratioas of uot bmmlg alfle de,flop their pm~mes [ he~( fi'u~lta[mn wa~ ~ith the iaabflily to gel building t~nni[s because lhc infrastructure was Roi in e~,~tence (0(~ffi~lrtly ~C~'CT > (3hcr~ slalcd that they also Lind io .~tccp dcch ne~ m the pr,ce~ of lhc~c pru~'rtics com~lcd th:~c folk~ OTigiaalN' paid ~or them Sadly, tu sa~ mine [~1-Ih~ milk. alien I ~cepled a lender plan m wore wilhin Thc existing zoning codes, hi hJnd ~lte. dca To al*ply 1Bt IllduStl'lal /ornng m Ihi~ urea h ~z*uld have ~cn ~ncr to ha~-e worked ~yxterllS ~'e*e ot]tlu~'cd <)n lhc t~]and sider annexation took Olucc ][ i~ [i iJg Ihu[ ct pm~'rty owilcr c~n ~[ ~rrutl~d d' Ih~y b~ru thc cost of bring thc [cxver mum inlcmcclion of Whtm Uap Ett~d artd Pate Rd 22 Hox~cver. wc all know ~hat is not financially l('asib[c fo~ individual lot owtler~. [:we yeac~ abe I wa~ told Ibc co~t estimate this ~e[ion d' Padre Island haw b~ p~ying pro~ny taxes ~incc thc island w~ a[mcxcd [~ithout recoPYing t~[I cra' The ut>tJv¢ ~casons ~rC l'.'~.? ] [-CC[ SO StrOfTg]y that putting t~her r=~lrld~qms on thc pro.'dx oxtner~ oJ'tb,s area wall on1¥ t~cr delay d~:*'lopnTcat of tins area. [ DI~ th,nk Lhot in 5omc cases it InaV CaUSe fu~her t~r~Ancl~l ha[dship ~ln ~omc ~'~)' ox~nc~ Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 CONSiTI~,IiC'I IO.Xl .&SSI.q'i'ANUk & SERVICES. iN(.'. [n clo.~lnL', I would ]ike ro make lh.~ li~llnv,.irtg otter and l-ir~t, ffyou or yt~lJI qlaffx~.ou[d like ~o sit du~= itrld tewe~[ thc ~a~'c~' iafomutiun :ook fiv~~ v:;n~ a?. I would bc happy ~u ~huru ~t with you la addition. 1 wuuld urea ] x¥ould bu happy In contel all of thc oa~cm, whiL:h :s mlal:¢e]y e 5mall amOLml to 7i [ lhmk the (~OL3BOII5 o(alt of LIS ~ill gl~¢ ?~kJ] gruff a gnod idea o[' t~hal had In tte,xl ~.~tll m tlus arcrl ami huw ~e chink thc futura of otlr ~Iz¢:3 bhmdd proceed. I aim inccnd to pill [orth urmther ~etter ~o lite actual pm~d~ owners u[Oaung them m my pro~m~s over the ~.ear5 and thc 6ia]oguv [ hu*~ had ~lfl~ thc city thLs process wilt take some time [ am ~ur: I ho~' thc CL~ OF C~U~ ;LII(~' Uq th~ pzo~r amount ~t' tim~ Io pr~serr~ oar thoughts and concerns t~ Ibc ~ly. L'oullCll Dale ?Lltmtln c c. Mr. Skip Noc City of'Corpu~ t:hnm t:~t5 Maaagcr M~ Jay ReLJfing CLB of Co~us Chr].~h &~Iornev Mr IIoyd Neal CIt5 of Co~us Chrislt M~Lst~r CiD' Couocd Mcrnl~s Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Februar~ 13, 200q WINSHIP CONSTRUCTION, INC. To: Obt' Zoning and Planning: D~velopmeot Plan from Dan Winship Page 1 If the islands truly are to be the crown ~ of Corpus Christi then suffioent fun(is have to be comm~ed to bring about some of the infrastructure improvement~ that are needed i.e. bigger depandebie water supply, ~ Page 11 Where does all th~s 12, 905 acres of perk land come from? If it Isnt lar~ that is already public !and the~ who pays fer it? 10% commercial se~ms quite Iow. If you are going to be Als restrictive with no flexibility you are disooura3ina deveinpme~c P~e 12 B & C there needs to be mm flexibility allowed the deveinper, some agency of Uie dty needs to get the oit companies to p~ov~e screenirxj of tr~S around oll/g~s well facillUes all in all area~ of the dry. How about getting TX D~t to p~ nt oleanders o¢ something on F37 both s~des t~p against property lines wheine ~ ere pip~ yards, industrial parl(ing Io~ etc. Tl~e~e am not atl~ctive to peop(e coming in to our dty. 13.6 Let's offidally change the name of Park Road 22 to Sout~ Padre Island D~ or om~ the South part. Every0~e ~1 r~e~ to addresses ~s being o~ S. Paclm l~and but y~ the street signs say Park Rd. 22, t~is is very confusing to n~ a~d visitors. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Page~G Page Page16B. 13 C Page 35 Page 36 Pag~ 37 Page 38 Require oll and go~ facilities to m their sites - Australian p[rm trees grow rapidly and to 30' ~' more in Ileight. Ask them t~ not ~eave their flood lights on at n~ght except when in use. what k~ncl of incenl~es~ L~ free enteq~ise take care of it, Don't: allow RV Park~ unless there is vogeUtion (trees or full ~ize oleanoem) planted conUnuoush, to hide the RV'$ from v~v, no one e0<cept the owr~r think~s an RV Park is Dmtty. You need in put f?om property m~aers. More Incentives! How? Lot of questions are asked, provide some sugge~'ted solutions. If you do these ~in~s who pays for bhe land? Do no~ allow bill l:x~rds, storm drainage/work with surface drainage an~ underground where it will work Pro~iferatx)n o~ unnt, e~act ~ lighling is needed, require lighting that shines d~'n, not out! If you want more access ro~s I~Y for them, if ~e is a Iow about no wake it needs to be better publioz~l and enforced. If there isn~ now a law ~han one i~ ~ for all woteJ~ io ~ ¢Jb/llmiB Development of a post disaster development plan, if the dty doesnl ~lready have a plan in place as to what will be done to e3qoed'rte permit5 and inspe:don$ after a major hurricar~ then put a plan In place nOw, Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 get suggestions rmm the construction Industqt folks who worked through Celia! Appendix C HOw will these things be funded and when? Provide answer~ to the public. Overall the plan calls for incentives, wish lists, etc. without methods of furx:ling. In addition the South Centr~t Plan calls for vast amounts of money being spent downtown thereby arbr~ially subsidizing the value of down town property owners. Why is there suCh a push to get people to live downtown throlxJh incentives and subsidies? Let free enterpnse lake care of whether people rr~e downtmvn without taxpayers paying for It through tax abatements, federal and state grants, etc. The islands should have a pro rata share of hotel/motel taxes from bhe islands spent on tourist oriented improvements on the islands. A lot of work has gone into both plans by Staff and commissioners. Thank you for that work. Sincerely, VV~NSHIP CONSlg~UC l IC~I, iNC. Dan Winship, President PART II1: E-MAIL COMMENTS Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 PART IV: Comments E-Mailed to the City 1. The following is the contents of a form submitted on 05-Feb-04 at 05:34 PM: EMAIL: SusanC~cctexas.com RECIPIENT: SusanC~cctexas.com SUBJECT: Mustang-Padre Island Area Development Plan Comment Form COMMENTSORSUGGESTIONS: let's create a living and visiting environment like that of the Carolina / fl coast, Hilton head/Sarasota, keep building limits, and make it Texas Mediterranean. NAMEOFCITIZEN: michelle ADDRESSOFCITIZEN: island resident 2. The following is the contents of a form submitted on 13-Feb-04 at 02:16 PM: EMAIL: SusanC~,cctexas.com,ineedham~falcon.tamucc.edu RECIPIENT: ¥~_sa n C (&cc[e × a s. ~:o m SUBJECT: Mustang-Padre Island Area Development Plan Comment Form COMMENTSORSUGGESTIONS: I commented last night at the public meeting. I spoke against attempting to restrict beach access here. I've had a number of calls and conversations about the meeting. Everyone I have talked with takes the same view. Our vehicle access to our beaches will not be restricted. Surfrider and other groups will fight any attempt to restrict vehicle access to any part of the beach, including the area between Packery and the Seawall. I hope you take this comment to heart. I don't have a problem with other elements of the plan and am not against sensible, sustainable, and environmentally responsible development. Thank you. NAMEOFCITIZEN: Jim Needham ADDRESSOFCITIZEN: 3. The following is the contents of a form submitted on 15-Feb-04 at 12:05 PM: EMAIL: SusanC~cctexas.com,ailizardl ~,msn.com RECIPIENT: SUBJECT: Mustang-Padre Island Area Development Plan Comment Form COMMENTSORSUGGESTIONS: After further review of your plan I would like to make several comments: I noticed that two additional golf courses were shown as proposed within a mile or so from the existing one. Do you believe this a necessary addition, being that the existing country club has not even filled their member ranks in over 30 years? Also, what is noticeably missing is a proposed presence of schools-grade-junior and high. Don't you think some consideration should be given to plan tentative locations of schools for a future community of 30,000 residents? I would think that a centrally located school complex would be more important to the community than two additional golf courses Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 NAMEOFCITIZEN: Allen Lizakowski ADDRESSOFCITIZEN: 14618 Villa Maria Isabel cc 78418 4. The following is the contents of a form submitted on 16-Feb-04 at 05:14 PM: EMAIL: SusanC~cctexas.com,isochrysis1971~yahoo.com RECIPIENT: SUBJECT: Mustang-Padre Island Area Development Plan Comment Form COMMENTSORSUGGESTIONS: I am a former resident of Corpus Christi and read through the Development Plan more for a benefit of my parents who still live on the island and to determine what direction the City intends on moving with respect to development on the Island. I do have some comments on the plan. (1) Policy A.1 indicates that paved parking may be allowed on the backside of the foredunes. The TPWD has protection measures for vegetative communities throughout the various portions of the dune systems. Additionally, depressional coastal dune wetlands may be present within this portion of the foredune system, and should be protected. (2) Policy A.3. A statement is provided indicating that a preliminary determination and/or jurisdictional determination would need to be provided on the site plan. This is a good step to "bridge the gap, between the City's planning department and the regulatory and resource agencies that may have authority over these areas. I am concerned, however, that since the preliminary determinations are not binding by the USACE (only jurisdictional determinations are), these preliminary determinations will not provide the City the level of detail needed for planning purposes. There are instances when the preliminary determinations, when formally delineated and verified by the USACE, result in significant differences (generally more wetlands) than previously identified. (3) Policy A.8. The City should provide tax incentives to landowners that incorporate natural wetlands, natural barrier island vegetation, natural buffers, etc. into their site plans, provided these areas are preserved in perpetuity through a conservation easement or deed restriction. This may include, at the discretion of the appropriate regulatory and resource agencies, mitigation areas for project impacts. (4) Policy A.9. The City should encourage the removal of nuisance, exotic and/or invasive species on property to be developed and prohibit the planting of landscape plants that are not conducive to the harsh environments on barrier islands and coastal environments. For instance, Brazilian pepper, an invasive exotic, is a problem inthe Valley and is present on both the mainland of Corpus Christi, as well as, Mustang Island. Millions of dollars are spent every year in Florida removing this species. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Developers and/or landowners should be encouraged to develop landscaping plans in conjunction with the local horticulturist with input from experts from the CC Botanical Society, native plant societies, etc. (5) Appendix A. Should the City protect non-jurisdictional wetlands? Yes. It is commonly known that wetlands provide many functions and values to the environment which the City is apparently trying to retain as part of the overall city "character". Many tourists come to the Coastal Bend due to its fairly pristine environments. Even though there is some question, regulatory, whether these areas are protected under the Clean Water Act by the USACE/EPA, I do not believe this prohibits the City from passing ordinances or policies protecting these areas. This may even be an opportunity to develop a municipal developmental permit review similar to that of the USACE, but to protect these environments in the City. This will certainly be a challenge especially with the aggressive development plan proposed. It may help generate revenue for the City. These development permits should cost in the $500-$2,000 range and should be based on acreage and type of use (commercial gets harder than mom/pops). If you should have any questions regarding my comments, my email address is included. NAMEOFCITIZEN: David M. Young ADDRESSOFCITIZEN: 1822 Barker Cypress Road #1115 Houston, TX 77084 5. The following is the contents of a form submitted on 20-Feb-04 at 02:08 AM: EMAIL: SusanC~cctexas.com,nfeyai~aol.com RECIPIENT: ,~;~ ~sa nC Cb ¢ctexas.com SUBJECT: Mustang-Padre Island Area Development Plan Comment Form COMMENTSORSUGGESTIONS: Re: Building Restrictions of Vacant Lots South of Gulfstream I attended the Mustang-Padre Development meeting on 2/19/04 and reviewed the information that was available on www.cctexas.com. I also talked to Corpus Christi dept. of zoning and I have the following concerns regarding the vacant lots south of the Gulfstream Condominium (14810 Windward Drive). - The Padre Development group indicates that the lots South of Gulfstream are exempt from the Dune Protection and Beach Construction certification. I have found nothing that legally excludes these lots from following the Dune Protection requirement. What I have found is An Act (Chapter 593 S.B. No. 1688) which designates the seaward side of the seawall as the "line of vegetation". The Dune Protection requirement indicates that the 200 fl landward of the line of vegetation is the protected foredune ridge and declares 1000 ft landward of mean high Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 tide as "Critical Dune Area". See page 51 of the Mustang- Padre Development Plan. I'm not sure exactly what this means but, it appears to me that the intent of the Dune Protection is not to permit any building within 1000 ft landward of the line of vegetation (which has been identified as the seaward side of the seawall). Or at the least nothing should be built on the 200 feet landward of the bottom of the seawall. - The building and zoning gave me the dimensions of the lot immediately south of Gulfstream which measures approx. 506 ft in depth from the road easement. They also indicated that there is a set back of 100 ft from the seaward edge of the property. I and other owners of Gulfstream measured the adjacent lot and found that (when measured from the road easement the lot ends up about 55 ft on the seaward side of the seawall. This does not make sense. The city needs to review these lots and make sure they are following the Dune Protection requirements and are platted correctly. The seawall is not even shown on the current plats on file with the city. Neither the city nor the Padre development group seem to be aware of the act indicating the seaward side of the sea wall as the line of vegetation and neither seems to be enforcing the Dune Protection. If this area is excluded from Dune Protection there should be a legal document indicating this fact. I HAVE FOUND NOTHING.. The City of Corpus and Padre Development should follow the Dune Protection and replat the properties to show the correct dimensions, location of the sea wall, and ALL building restrictions including the Beach Construction Certification. I would like a timely response to the above issues. Since the lots are not platted correctly I assume no building permits will be issued until these items are resolved. Sincerely, Yolanda Jones NAMEOFCITIZEN: Yolanda Jones ADDRESSOFCITIZEN: 137 Augusta St. Grayslake, II 60030 6. The following is the contents of a form submitted on 24-Feb-04 at 07:32 PM: EMAIL: SusanC~cctexas.com RECIPIENT: SusanC~cctexas.com SUBJECT: Mustang-Padre Island Area Development Plan Comment Form Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 COMMENTSORSUGGESTIONS: I would like to see a theme park or something that would draw tourism like South Padre Island has, but in North Padre Island. I think Port Aransas is already too congested. Maybe the JFK causeway by flour bluff would also be an area that would work. It might even spur some beautification efforts or refurbishment by the businesses already there! NAMEOFCITIZEN: ADDRESSOFCITIZEN: Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Attachment IV Attachment IV: Ad Hoc Island Planning Committee Comments / City Response 4/12104 Additional comments provided Monday, April 12, 2004 in a meeting with City Staff. Note: several additional policy statements where added and the policy reference numbers in the Island Ad Hoc Committee's statements below have been adjusted accordingly. 1. When will the new island "B-2A" Overlay Zoning District be adopted? There is no firm date on when this item will be ready for City Council review. The most likely adoption will be several months after the plan is adopted. 2. Can we eliminate the word "discouraged" from B. 15? The policy statement has been changed to delete the word "discouraged" so that new recreational vehicle and manufactured home uses should be "prohibited" from locating on the islands. 3. Please delete the word "low" from B.18 and replace it with affordable. Staff will make the change. 4. When will the Padre Island Transportation be available for our review? Staff reviewed the Transportation Plan with the residents at the meeting. Changes to the Transportation Plan include: a. Convert the proposed vehicular beach access points on Mustang and Padre to pedestrian access points to minimize cuts through the dune system. See Policy Statement C. 13 revised to be consistent with this change. b. Policy Statement C.1 has been modified to include the sentence: i. "The proposed collector streets on Mustang and Padre Islands are conceptually located and some alignments may change depending on efficient and functional alternatives presented by the property owner at the time of development." 5. We are unaware of any of our committee members approaching the Flour BluffVolunteer Fire Department. How did this comment come into the proposed plan? In reference to Policy Statement E.8, a reference to expanding the Flour Bluff fire department was deleted. In addition, the policy statement was changed to encompass investigation of the need for a police substation. 6. Would you please define the words short term, medium term, and long term in terms of the number of years for each bracket? Short Term refers to 0 to 5 years; Medium Term refers to 5 to 10 years; and Long Term refers to 10 to 20+ years. 7. Please define Tourist Development District and can you create such a District with in the area boundaries of the existing TIF? This Statement in policy statement F.1 was deleted as redundant or confusing with regard to the existing Tax Increment Financing District. 8. Please see F. 1. On what basis will the Capital Improvements requirements be incorporated into the city wide Capital Improvement Budget for each fiscal year of the City of Corpus Christi? The plan will be used as a guide for inclusion of projects in the City's Annual Capital Budget, three year Capital Improvements Plan and Long Range Capital Improvements Plan. 9. In Policy Statement F.2, where does the City intend to use portable toilets and under what circumstances? The "portable toilets" has been replaced with public restrooms as there will Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 be a need for permanent restrooms and, for special events, portable toilets may be necessary. 10. In Policy Statement F.9, how will the City pay for extending these streets? Some times referred to as "paper streets", a number of streets have been identified as streets that have been platted but not improved during the subdivision process. Staff indicated that a public improvements district may be one possibility for financing such streets. (See Policy Statement E. 14) 11. Clarify Policy Statements F. 12 and F 13 ? After discussion, Policy Statement F. 12 was revised and Policy Statement F.13 was deleted. Policy Statement F.12 was revised to remove reference to vehicular gulf beach access roads. Policy Statement F.13 was deleted as it specified development of a northerly vehicular access road. This change was necessary as in item 4.a above changed proposed vehicular access roads through the dunes to pedestrian access.) 12. Has Section G of the Plan been changed to provide for a"Strategic Action Committee"? Yes, reference to form an the Island Coalition has been changed to "Strategic Action Committee." Revisions to the Implementation Section were made based on a similar section in the recently adopted South Central (downtown) Plan. 13. The Padre Island Future Land use maps has been changed to show a marina symbol in the Cape Summer Area, on property on the north side of S.P.I.D. near the future extension of Aquarius and a boat ramp on Packery Channel Park. 14. A new policy statement was added to address the need for a multi-purpose facility on the island as follows: a. Policy Statement E. 7 The City will purse development of a multi-purpose meeting facility as a place for resident public functions, senior citizen activities, and other public/recreational functions. If land on existing city parks is not suitable the City should consider a joint agreement with the County on county park land in the area. 15. A change to the location ora future Island Visitor Center from a low visibility location in the Village Master Plan area to a high visibility location in the S.P.I.D. right-of-way / State Land area immediately east of the Village Master Plan area. Policy Statement B. 12 and B.24 have been modified appropriately. 16. Clarification was needed on the future location of the Nueces County Water Control and Improvement District g4 future Mustang Island Wastewater Treatment Plant. The plant is to be located in Port Aransas on vacant land bordering the northern Corpus Christi city limits. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 I Attachment V Attachment V: Ad Hoc Island Planning Comt,,,~ Comments/City Response 3/23/04 THE MUSTANG-PADREISLAND AREA DEVELOPMENT PLAN Review andRecommendations bytheIslandAd HocCommittees Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Table Of Contents Opening Statement ........................................................................................................ 36 Infrastructure ................................................................................................................. 36 Beach Maintenance ............................................................................................. 36 Funding Sources .................................................................................................. 37 Packery Channel .................................................................................................. 37 Park Improvements .............................................................................................. 38 Public Safety ........................................................................................................ 39 Seawall ................................................................................................................ 39 Streets .................................................................................................................. 40 Utilities & Public Lighting .................................................................................. 42 Water ................................................................................................................... 42 Water Exchange ................................................................................................... 42 Wastewater .......................................................................................................... 43 Land Use and Zoning .................................................................................................... 43 Policy Statement B.3 ........................................................................................... 43 Policy Statement B.23 ......................................................................................... 44 Policy Statement B.25 ......................................................................................... 44 Policy Statement B. 13 ......................................................................................... 44 Policy Statement D.11 ......................................................................................... 45 Short Term Capital Improvement ........................................................................ 45 Quality of Life & Economic Development ................................................................... 45 Water Quality/Water Transportation ................................................................... 45 Area Amenities .................................................................................................... 46 Infrastructure Improvements ............................................................................... 46 Improved Beach Amenities ................................................................................. 46 Conclusion ..................................................................................................................... 47 Exhibit 1 ........................................................................................................................ 49 Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Opening Statement The City of Corpus Christi established the following Vision Statement: "The recreational, leisure and resort facilities will be among the finest along the entire Gulf Coast. This vision will make Mustang-Padre Island the Crown Jewel of our sparkling city." This Vision Statement recognizes the potential of the Mustang-Padre Island area and its importance to the City of Corpus Christi. However, the City's vision cannot be achieved in the short term without funding and beginning the necessary infrastructure to attract outside investment dollars to our Islands during 2004 and thereafter. Economic Studies done in the last twenty-five years show that the primary reason why people visit Corpus Christi is because of its Gulf Beaches. The timing of the required infrastructure should begin now with completion scheduled to be concurrent with the opening of Packery Channel on or about August 15, 2005. The City's investment in Island Infrastructure will produce the greatest opportunity for an economic return to the City. Packery Channel alone will not jump start commercial development. It should be noted that the owners and developers of the land formerly known as Lake Padre will be constructing and funding all required infrastructure associated with their master development plan. The City has already prioritized many areas of infrastructure in the Mustang-Padre Island Area Development Plan An Element of the Comprehensive Plan Draft March 23, 2004. The Committees have reviewed this plan and our recommendations were based on it. On the enclosed CD, we have placed a copy of the versioin of the Mamh 23, 2004 plan which is referenced in this document. It is our recommendation that the City reconsider its Draft Area Development Plan and implement the following recommendations set forth below. Infrastructure Beach Maintenance Most non-Island residents come to the Island to visit and enjoy the beaches. They expect and deserve a clean, safe environment. The most common complaint from visitors is that our beaches are dirty. It is imperative for the City to plan and implement a high level of maintenance for our beaches. The current level of staff and equipment allocated for this purpose is inadequate. The equipment and staff must be increased, upgraded and Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 maintained ahead of the anticipated growth. Daily maintenance will be required in the most heavily used areas such as the Sea Wall and weekly maintenance will be needed for the remaining areas of the beach owned by the City. Since seasonal factors such as seaweed will increase demands on the staff and equipment, the City should plan to fund the equipment and staffing needs at these levels. In addition, a maintenance area will be needed for equipment storage and mechanical maintenance. Staff Response: See new Policy Statement E. I, page Funding Sources We recommend placing the proceeds all Hotel and Motel Tax generated by Island Business Establishments into a special fund for capital improvements on the Island & for on going maintenance of public facilities. Additionally, we should work together to ascertain the total amount of capital improvement bonds which will need to be issued by the City of Corpus Christi for the improvement of the existing Island infrastructure. Block grants and all other possible funding sources should be pursued. If funding is not available from existing sources, especially for Priority projects, they should be added to the 2004 Bond package. 2. Staff Response: City Council / City Manager Issue - not a general plan issue. Packery Channel Development of" Beach Parks" should be planned for the north side of Packery Channel and at Beach Access Road Number Two. There should be no construction of any type on the beach on the south side of Packery Channel or on the south side of the North Padre Island Seawall. 3. Staff Response: See Policy Statement E. 3, page 43 - revised per Committee Comments. The architectural design of these Parks should be similar to the designs previously proposed in other studies regarding the reopening of Packery Channel. All buildings should be built on concrete pilings with first floor elevations to FEMA Base Flood Elevations. ADA ramps should be used for access to all buildings and all facilities should be ADA equipped. All construction should comply with the Texas Coastal Management Plan. 4. Staff Response: See POLICY S TA TEMENT B. 11, page 21 - revised per Committee Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Comments. Park Improvements It appears appropriate for the City to construct a Maintenance Building and Yard somewhere on the Island. This improvement will result in more effective utilization of human and mechanical resources. 5. Staff Response: See new Policy Statement E. 1, page 43 and Policy Statement F. 2. e, page 47. All existing City parks (Jackfish, Aquarius, Commodores, Billish (Gypsy), and Cobo de Bara) on the island require a higher level of maintenance, more landscaping and additional facilities. 6. Staff Response: See new Policy Statement E. 6, page 44. Consideration should be given to the acreage used in the creation of the canals created in Padre Isles. These waterways are public although the boat launching ramps are private. The canals are recreational in nature and provide enjoyment for all persons that use them. We believe that the City continues to have a responsibility to build a public boat-launching ramp on its land adjacent to the Sewage Treatment Plant. 7. Staff Response: Not included in the plan is the suggestion to give park dedication credit for water acreage. A boat-launching ramp on land adjacent to the Whitecap Wastewater Treatment Plant should be considered as well as other areas - See Policy Statement E. 5, page 44. The City's platting ordinance requires land developers to dedicate a percentage of the total acreage being developed for City Parks. The City should grant a waiver of this requirement. As a matter of information, the developer's land planning includes neighborhood parks in some areas of the undeveloped land. These parks will be developed as areas are platted and developed. 8. Staff Response: Not included in the plan is the suggestion to grant a waiver of the park dedication requirements. Also see related Policy Statement E. 2, page 43. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Public Safety We recommend the construction of a new fire and police station with Paramedic personnel at the south end of the Island. The location for both stations should be somewhere in the area of Sea Pines Drive and the project completed during the year 2007. With the anticipated increase in population, it is even more imperative that Padre Isles have it's own police substation. The distance from the existing Flour Bluff substation is too great to adequately service the Island and to respond to emergencies. Routine patrols are no substitute for a twenty-four hour presence. The substation will also act as a deterrent to crime on the Island by its mere presence. Additionally, there is the issue of patrolling an even more crowded beach and all that it entails. The fire stations located on the Padre and Mustang Island will not be able to meet the needs of both areas given the anticipated growth. Now is the time to plan for an additional fire station. Staff Response: See Policy Statement E. 8, page 44. Seawall The City should investigate the possibility of building an upscale City park on top of the seawall in lieu of a parking lot as required by legislative action taken by the 74t" Legislature. It may be necessary to request the Legislature to amend the existing Bill to add the words "or an upscale public park" immediately after the existing requirement to build a parking lot. This park should include a public safety building with areas for minor medical facilities, lifeguard relief facilities, public rest rooms and area for bicycle park police. Parking facilities could be handled by making Windward Drive one way to Saint Bartholomew Avenue and making two lanes of angled parking with islands and spaced openings for entry and walkways. Traffic would return from Windward Drive via Leeward Drive. This would also to be one way back to junction with Windward. See Exhibit 1 attached hereto. lO. Staff Response: The proposal to use on street parking instead of on property next to the sea wall was thoroughly evaluated and debated during two legislative sessions. In 1995, the General Land Office and Attorney General's Office did not support the use of on street parking because of the distance between the street and the beach. As a result of legislative action, the City, in 1997, purchased three lots next to the seawall for a 300 space seawall parking lot and established an Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 assessment of seawall property owners to reimburse the city for the expense of the land. To change directions after these significant prior actions by the state, city and property owners does not appear feasible. See Policy Statement C. 15, page 37 indicating the need for a Sea Wall public parking lot and closure of the beach in front of the Sea Wall once the parking lot is constructed. In addition, see Policy Statement F. 3, page 47 for parking area amenities. An RTA Bus and or Trolley stop to discharge passengers would provide greater access to the beach for Corpus Christi residents and its visitors. 11. Staff Response. See Policy Statement C. 6, page 32. A walkway could be installed for a distance equivalent to the length of the seawall. Access to the seawall and beach would be over additional covered ADA friendly walkways. These would utilize the public easements previously granted by the Padre Isles Property Owners Association. 12. Staff Response. See Policy Statement F. 3, page 47. The City should install outdoor lighting following a nautical theme on Windward Drive, all walkways, park, parking lot areas and the seawall. 13. Staff Response. See Policy Statement B. 11, page 21. It is our belief that vehicular traffic in front of the seawall area should be limited to emergency and maintenance vehicles only. This recommendation should be considered because: 1. Public Safety is paramount. Access is provided as required by law. 2. In order to attract outside investors to our community, the traffic must be limited to emergency and maintenance vehicles only. This recommendation should be well within the authority of the City without approval of by the General Land Office. It is our understanding that the Texas Open Beach Act speaks only to access and does not speak to vehicular access. For the City to achieve its vision as a world class resort area the decision must be made to limit vehicular traffic as outlined above. 14. Staff Response: See Policy Statement C. 15, page 37. Streets Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Many of the streets on the Island are over twenty-five years old and have never been resurfaced. In view of their current condition, it is imperative that the City establishes a schedule for funding a program for resurfacing all streets on the Island during the next three years by means of capital improvement bonds. Immediate requirements include the resurfacing of all major arterial thoroughfares: Commodores DR., Whitecap Blvd. (East & West), Windward Dr., St. Bartholomew Ave., Leeward Dr. and Sea Pines Drive. 15. Staff Response: See Policy Statement E. ~ l, page 45. It should be noted that the vast majority of the Island infrastructure was originally completed with private funds. The funding of the sewer plant expansion was accomplished by funds escrowed by the developer from the proceeds of each lot sold pursuant to an agreement between Padre Island Investment Corporation and the City of Corpus Christi. The only other exceptions are the public safety building on Commodores Drive and the overhead street lighting on Whitecap Blvd and Dasmarinas. The Island now represents one of the largest residential tax bases in the City limits. It also has the greatest opportunity to continue its growth both in the residential and commercial real estate markets. To continue this growth, additional infrastructure is needed to protect our residents and our visitors. The City should consider the following: Convince the Texas Department of Transportation to lower the speed limit on State Highway 361 on Padre Island and Park Road 22 to 45 miles per hour. This speed limit should be strictly enforced. ~6. Staff Response: See Policy Statement C. 2, page 28. 2. Install pedestrian walkways with traffic light control buttons at Commodores Drive and at Whitecap Blvd. ~7. Staff Response: See Policy Statement C. 3, page 32. 3. Install new traffic light and pedestrian walkways and control buttons at Encantada Ave. and Seashore Learning Center. 4. Install new traffic light and pedestrian walkways and control buttons at Sea Pines Drive during 2007. ~8. Staff Response to 3 and 4 above: See Policy Statement C. 3, page 32 and new Figure ~4. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Utilities & Public Lighting The platting ordinance for all future subdivisions, PUD's and Commercial Developments should require all utilities to be placed underground. Future public lighting by the City should reflect the use of standardized poles and fixtures with electric lines under ground. If at all possible, all overhead lines should be placed underground during the next decade. 19. Staff Response: See Policy Statement B. 16, page 23. Water The Island residents and commercial businesses expect a safe and adequate water supply for its current population and the expected growth pattern over the next twenty- five years. The planned development of the Island will provide an enormous payback to the City, County, State and the Flour Bluff School District. To receive this return, the City must make some investment in the future water supply to the Island. We suggest an aggressive campaign to pursue grants, matching funds and all co-operative agreements available. The long planned water main from Southside must be completed promptly to ensure the water demand and pressure needs are met. Both will be required for the anticipated commercial growth. The feasibility of commercial projects is based in part on the availability of a constant water source for their guests and for their safety. The proposed desalination plant should also be built, if feasible. However, due to some element of risk in ASR (i.e., contamination and subsidence), we believe the plant should be a supplemental source of water especially in times of drought. The possibility of adding this very high quality water to our system and reducing demand on current sources is exciting. Water and wastewater service should be made available to all property on the Islands. 20. Staff Response: See Policy Statement E. 13, page 45. Water Exchange The existing USCE permits require a water exchange from the East side of the Park Road 22 to the West side of the Park Road. This exchange must be accomplished within twelve months of the date of completion of the Packery Channel Project. The completion date for the water exchange would be in the third or fourth quarter of 2006. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 There appears to be two options available to satisfy this requirement. · Option (1) would be to place a culvert (sized by the engineer of record for the developer) under Park Road 22 and connect it with the existing canal system of Padre Isles. · Option (2) This option would require the assistance and the approval of the Texas Department of Transportation and the City of Corpus Christi. Option 2 would provide a greater environmental benefit by significantly improving the water quality of the canal system. It would require a new canal across Park Road 22 connecting the waterways of both sides of the highway and the elevation of Park Road 22. This option improves the ambiance of our Gateway and is environmentally friendly. It could also provide a means for storm water drainage along the sides and median of Park Road 22. It is our recommendation to the Planning Department that they give serious consideration to Option 2. However, all concerned parties must be focused on the completion date required by the permit and determine if this project can be funded and completed within the time constraints. 21. Staff Response: See Policy Sta temen t A. 9, page I 1 and D.4, page 42. Wastewater Expansion of the Whitecap Treatment Plant will be necessary and the increased supply of reclaimed water should be pursued. Use of reclaimed water for irrigation is a win - win situation. Tertiary wastewater treatment should be explored especially if the reclaimed water is used in public areas and the demand continues to increase. Not only is water imperative, nothing can be planned or built without these services. 22. Staff Response: See new Policy Statement E. 15, page 46. Land Use and Zoning First of all we would like to thank the City Planners for their cooperation in preparation of the new revised Mustang-Padre Island Area Development Plan. Policy Statement B.3 Tourist oriented businesses and development will need to be encouraged with the development of the Water Taxi System along with private boating connection being a short term goal. It is imperative that the bridge over Park Rd 22 to the Lake Padre Area Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 is accomplished in connection with the completion of Packery Channel. Policy Statement B.23 The Village Master Plan as originally adopted is outstanding with a few exceptions. We would like the opportunity to study the plan in depth and determine how laws passed since the plan's conception will affect it. We have the following initial concerns and comments as well. 23. Staff Response: See Policy Statement B.24, page 24. No RV park should be allowed within any area of The Village. Alternatively Area 3e, could be used for a two stow hotel and/or a Visitor Information Center. Area 6 should be the only area considered for a marina. Area 7 should be used for condominiums or Iow rise clustered retail shops with a boardwalk. No hotels should be allowed in this area and it should be designed to have a minimal visual and noise impact on currently surrounding residents. No building over 2 stories should be allowed in any area of the Village. This site should contain parking for the Water Taxies. High-end restaurants and Tourist oriented businesses with walk abouts as outlined. 24. Staff Response: See new Policy Statement B. 15, page 21. The Village is highly visual to arriving tourists as well as current Island residents. Time needs to be allowed for a more comprehensive review. Policy Statement B.25 We are in total agreement with the closing of the beaches in front of the Seawall and are considered a must for attracting future development on the Seawall. Since this area is a major attraction and used by all visitors to the Island and not just for the private use of the hotels and condos behind the seawall. Therefore, this area needs to be lighted, landscaped and maintained by the city. Hotels and Condos should however be required to bring their courtyards and development up to the newly adopted landscaping requirement in connection with the city improvements. This should be considered a joint venture between the private landowners and the City. Policy Statement B. ~3 Sexually oriented use businesses should not be permitted at all on the Barrier islands. This is in vast contrast with the vision of the island and the type of tourist activity we are seeking to attract. This would only discourage family tourism and must be kept off the barrier islands without exceptions. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 25. Staff Response: See Policy Statement B. 14, page 21. Policy Statement D. 11 The city annexed this area and with the annexation of this area the City should complete the roads, and utilities as outlined in the original Island Plan. These tracks of land were platted and sold as developed and abandoned by the original developer and then annexed and inherited by the City. These areas are being taxed at the same value as all other properties on the island without the city amenities. The development by the City would only jump start and encourage future development, increase land values and thus increasing the tax basis for the City. The assessment of special tax assessment would only discourage future development and drive away potential development as has been proven in past city negotiations. We must think past the moment and look to the future. 26. Staff Response: See Policy Statement E. 14, page 45. Short Term Capital Improvement In addition to the short term objectives outlined in the plan the following should be implemented. > The water exchange between the existing Padre Isles canals and Lake Padre with a Bridge as outlined in Policy Statement D.6 27. Staff Response: See Policy Statement A.9, page 11 and D.4, page 42. Quality of Life & Economic Development The Quality of Life/Economic Development Sub-committee decided on the following priority items that need to be included in the Mustang/Padre Island Area Development Plan Water Quality/Water Transportation Water quality/water transportation via a bridge connecting Lake Padre and the Padre Isles channel system to allow travel via a water taxi or small private boats. 28. Staff Response: See Policy Statement A.9, page 11 and D. 4, page 42. Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Area Amenities Area amenities to include ~ Landscaping improvements along SPID/Park Rd 22 and State Hwy 361 29. Staff Response: See Policy Statement B.4, page 16, B.5 page 19 and B. 11 page 21. Lighting issues along S Padre Island Drive/Park Road 22 and State Hwy 361 Sidewalks/Bike Paths on Padre Island and along State Hwy 361 including relocating proposed path on State Hwy 361 Easterly of roadways Public meeting space to be used as a community center 30. Staff Response: See Policy Statement E. 7 page 44. Park improvements including improved maintenance Construction of additional Visitor's Center on Island.\ 31. Staff Response: See Policy Statement B.24, page 25 and E. 4, page. Infrastructure Improvements Infrastructure improvements to include: > Enforcement of existing zoning ordinances and support of proposed Zoning Overlay for SPID > Investigate an Zoning Overlay for State Hwy 361 in order to act ~ in a proactive manner ~ Continue to provide underground utilities and work to place those above ground underground as soon as feasible ~ Continue to improve street lighting on Padre Island and along State Hwy 361. Improved Beach Amenities Improved amenities for beach users ~, Enforce Beach Parking Permit requirement in order to obtain additional funds for beach maintenance. Increase sales of stickers at each access road during Summer months and weekends Spring and Fall Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 32. Staff Response: See Policy Statement E. 1, page 43. Investigate alternative methods of beach cleaning rather than scraping top layers of sand from beach Complete of parking area behind Seawall on the Island 33. Staff Response: See Policy Statement F. 2 page 48. Provide additional amenities on beach such as restrooms, showers and vendor locations for renting umbrellas, etc. Increase number of lifeguards available on the beach during Summer months Conclusion In conclusion, the Committees recommend that the City Planning Department meet with the Land Owners of the undeveloped and the partially developed areas of Mustang and Padre Islands as soon as meetings can be arranged. It is imperative that all interested parties open lines of communication and coordinate their combined efforts to fulfill the vision of making this area the "Crown Jewel" of the Texas Gulf Coast. It is suggested that the City review the deed restrictions, if any, that may exist on the Mustang Island land and review all of the existing conditions, covenants and restrictions that run with the land on Padre Island. It is equally important to understand the existing USCE permits and the amendments thereto before endeavoring to determine land usages. The development plans of all major land owners should be reviewed and discussed with the developers at the earliest possible date. Any conflicts or other issues should be resolved immediately. Negotiations should have the following objectives in mind: 1. Create an environment that will attract out of state investment dollars 2. Produce high quality commercial and residential real estate development projects. This would produce the greatest economic returns to the City, the County, and to the State of Texas. It should be noted that the ad valorem tax base for Padre Island Corpus Christi has increased from $255,852,396 in 1992 to $680,986,080 in 2003 or 166%. It is apparent that Island is due a greater degree of consideration since it is growing at a rate of 12% per year while the rest of the City is growing at a combined rate of less than 2%. It is unrealistic for the City to believe that this residential growth can continue at its current rate without the City making little or no investment in the infrastructure of the Island. Our Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 infrastructure requires substantial investment by the City not only to maintain the residential growth pattern but also to begin the commercial development of the Island Now is the time to capitalize on the City's greatest real estate assets. Working together, we will achieve our common objective of being the "Best on the Texas Gulf Coast". The committees are honored to have been selected to be a part of the planning process. There was an open exchange of information between committees prior to consolidation of each committee's results. In addition, we appreciate the City Planning staff taking the time to meet with us and incorporate some of our preliminary comments into the Mustang-Padre Island Area Development Plan. We appreciate the opportunity to advance our ideas for the future development of our Island Paradise and for the safety of our residents and visitors. Respectfully submitted: Bill Fennell, Chair Alexa Blair Infrastructure Committee: Jerry Choyke John Fisher Scott Blair Bill Robson Arlene Minar Irma Herrera Land Use and Zoning Committee: Klm Erwin, Co-Chair Carol Chandler, Co-Chair Guy Davis Charlie Mader Jimmy Johnston Dr. Bob Walters Quality of Life & Economic Development Committee: Bill Goin, Chair Gladys Choyke Mandy Byrd Carol Badalich Kathy Sparks Jeff Frahm Other Contributors: John Trice Molly Trice Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page i Staff would like to thank the following citizens for their participation in th e Mustang Padre Island A rea Developm en t Plan: Mustang Padre Island Stakeholders Group Ray Allen Carl Badalich Gladys Choyke Carolyn Dorsey Garrett Dorsey Kathy Griffith John Michael Cindy Molnar Jack Ponton Jack Rush Richard Smith Vernetta Sorrells Pat Suter Jim Urban Moe Walker Ro Wickham Citizens Planning Committee Bill Fennell, Chair Alexa Blair Infrastructure Committee: Jerry Choyke John Fisher Scott Blair Bill Robson Arlene Minar Irma Herrera Land Use and Zoning Committee: Kim Erwin, Co-Chair Carol Chandler, Co-Chair Guy Davis Charlie Mader Jimmy Johnston Dr. Bob Walters Quality of Life & Economic Development Committee: Bill Goin, Chair Gladys Choyke Mandy Byrd Carol Badalich Kathy Sparks Jeff Frahm Other Contributors: John Trice Molly Trice Significant contributions to development of this Plan were also made by: Paul Schexnailder, President, Asset Development Corporation Larry Urban, Urban Engineering Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Addendum: Received March 23, 2004 from Ad Hoc Committee member Carl Badalich Comments Received from Carl Badalich with Staff Responses: The Water District #4 on Mustang island has approximately $5 million available for district improvements. Right now all sewage is being pumped to the north end of the island for treatment. Property is secured for a mid-island treatment sewage facility. To the best of my knowledge, the $5 million must be used for improvements to the district, but the money needs to have matching funds and used within 10 years of collection or must be returned to the property owners who were assessed. The water district currently operates under rules and regulations that are obsolete now that the city of Corpus Christi has annexed part of Mustang Island. The city of Corpus Christi allows the water district to operate in their ETJ and city limits. The City of Corpus Christi has the right to take over the district operations as long as they assume the debt and assets. Plans should be made now for the mid-island treatment plant so it will be ready for future development. 34. Staff Response: See new Policy Statement E. 17 During beach scraping, cuts in the vegetation line need to be made diagonally to permit the sand to blow into the sand dunes. (This recommendation has been given by Nueces County Coastal Management Committee and UT's Tony Amos). 35. Staff Response: See revised Policy Statement E. 1. Drainage on Mustang Island can not continue to be drained toward State Highway 361. Naturally occurring water retention areas in the sand dunes should be left alone. 36. Staff Response: See Policy Statement E. 11: Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Exhibit 1 Attachment VI Attachment VI 11/18/03 Draft Plan Comparison vs 4/20/04 Proposed Plan This is a document that does not include plan graphics and compares the change., to the 11/18/03 Draft Plan with the Proposed 4/20/04 Plan. DEPARTMENT OF DEVELOPMENT SERVICE~ Mustang-Padre Island Area Development Plan 2004 Staff would like to thank the following citizens for their participation in the Mustang Padre Island Area Development Plan: Mustang Padre Island Stakeholders Group: Ray Allen Carl Badalich Gladys Choyke Carolyn Dorsey Garrett Dorsey Kathy Griffith John Michael -Cindy Molnar Jack Ponton Jack Rush Richard Smith Vernetta Sorrells Pat Suter Jim Urban Moe Walker Ro Wickham Citizens Planning Committee Bill Fennell, Chair Alexa Blair Infrastructure Committee: Jerry Choyke John Fisher Arlene Minar Scott Blair Bill Robson Irma Herrera Land Use and Zoning Committee: Kim Erwin, Co-Chair Carol Chandler, Co-Chair Guy Davis Charlie Mader Jimmy Johnston Dr. Bob Walters Quality of Life & Economic Development Committee: Bill Goin, Chair Gladys Choyke Mandy Byrd Carol Badalich Kathy Sparks Jeff Frahm · .,.-o~,..6 ~.,~ ,~,...,~-.,,;,..,~. o ~ .... .i Other Contributors: John Trice Molly Trice Mustang-Padre Island Area Development Plan Draft Apr£l 12, 2004 Page H Significant contributions to development of this Plan were also made by: Paul Schexnailder, President, Asset Development Corporation Larry Urban, Urban Engineering Mustang-Padre Island Area Development Plan Drqfi ,~ove/nher 18, 20#3 Draft April 121 2004 Page iii Table of Contents PLAN MISSION STATEMENT ...................................................................................................................................... INTRODUCTION ...... A. ENVIRONMENT. B. LAND USE C. TRANSPORTATION D. t~ ............ k~ ~ ...................................................................................................................... E.t~ ......... O .................................................................................................................... F.~ACII ~'CE~S ......................................................................................................................... G. t~¢M XE P, V ( I ,. ,~"4Nt~t ............................................................................................................... I I. CA4qTA L ! M PP. OV ~ENTS ....................................................................................................... APP!!ND!XA ~4USTANG PAI)R4M.SLAN!) AR4~A !)!~V!,:LOPMENT~4. AN ISSUES ............................................................... APPENDIX ~- -~STA DEL MAR ................................................................................................. APPENDIX C C'APH~k-tM~OVEMENT NIM~-- .................................................................. Figures FIGURE I : PLAN BOUNDARIES ................... FIGURE 2 ~: CORPUS CHRISTI POPULATION ........... FIGURE 3 : MUSTANG-PADRE ISLAND POPULATION FIGURE 4 Fb;TURI(: PADRE ISLAND EXISTING LAND USE, cc~[ in-~ [ Dr~D-r~th~[ r~L' AI)P .......... MUSTANG ISLAND EXISTING FIGURE 5 i:l ~T~ U) I. F4GUP. E .. ¢I~A4'.~ ........................ KDP .............................. .......... TR .................. ~?-~N ET .................. 4OR ........ -ADI .............................. ,clr:l lr2~: S,.,.~..= ,~CTO r F'T ('r"N('~:PT Iz'("v P P.. ,..~._...., ~. , ..,. . . .~2 &4~= 361 ............................................................. FIGJRE 9 _(c ..................... A ................................................................ F!(iI?R~IO- ~'!TY U'~T ~ ; 'D c::~w[o ' ~x~ PADP. E , ,~ Ek~A~ .......... E~( ..................................................... ~)III~E-iX EXISTING BEACH ACCESSSYST}~4 .................................................................... ..... ,~A .................................................................................................. FIGURE 13: PA~ ROAD CONCEPTUAL CROSS SECTION ................................................................................ 30 FIGURE 14: HIKE AND BIKE TRAIL PLAN ............................................................................................................ 31 ..... Mustang-Padre Island,qrea Development Plan t);u.~[? ~n~:;:,c:::~c~ lS, 2003 Draft April 12, 2004 Page iv FIGURE 15: PADRE ISLAND TAX INCREMENT FINANCING DISTRICT ......................................................... 38 FIGURE 16: PACKERY CHANNEL PROJECT. ........................................................................................................ 38 Tables TABLE 1: EXISTING LAND USE ................................................................................................................................ 4 TABLE 2: FUTURE LAND USE ................................................................................................................................ 13 TAP.!.N I -~.'t TP.I~.!ZNT LANI) USE ................................................................................................. [,, L/UL-~M~ L ...... USE .................................................................................................... Mustang-Padre Island Area Development Plan Dra[t ,X, ovemher 18, 2003 Draft A?ril 121 2004 Page v PLAN MISSION STATEMENT The ultimate goal of this plan is to assist in transforming the Mustang-Padre Island area into a world-renowned tourist, resort and residential community. The City will encourage the highest development standards within the area's boundaries to create a unique "sense of place." Economic development will be tempered with environmental sensitivity to the significant coastal natural resources on the Islands. Growth will be tempered with common sense. Residential concerns will be tempered with tourism and business concerns. The area plays a vital role in the citywide and regional economies. The City recognizes this and commits to doing its part to ensure the long-term success of Mustang-Padre Island. Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Page 1 Mustang-Padre Island Area Development Plan INTRODUCTION The City of Corpus Christi envisions Mustang-Padre Island as a regional, national, and international resort destination. The recreational amenities, leisure and resort facilities, and residential communities will be among the finest along the entire Gulf Coast. Moreover, the recreational opportunities will appeal to a broad socioeconomic range of clientele, allowing all to enjoy what Mustang-Padre Island has to offer. Whether for sport fishing, beach combing, windsurfing or rest and relaxation, visitors will want to return again and again. The character of the residential neighborhoods will attract new residents who appreciate what the area has to offer. Visitors and residents alike will come to appreciate the unique sense of place created through requiring the highest quality of development. This vision will make Mustang-Padre Island a preeminent destination of the Gulf Coast and a brilliant asset to our sparkling city. The City Charter mandates the Corpus Christi Comprehensive Plan. The Charter requires the City Council to" . · . establish comprehensive planning as a continuous governmental function to guide, regulate, and manage future development . . . "and that" . . . all city improvements, ordinances, and regulations shall be consistent with the Comprehensive Plan... ". The ,Comprehensive Plan is comprised of various plan elements such as Policy Statements, Area Development Plans (ADP s), Capital Improvement Programs, and Master Utility Plans. The comprehensive planning process is a means for citizens and community leaders to guide community development. The Comprehensive Plan, by definition, is general, long range, and broad in scope. Its purpose is to guide the City in policy formulation and in the implementation of strategies related to population, housing, environment, land use, transportation, annexation, economic development and public services. As part of the planning process, planning staff developed the Mustang-Padre Island Area Development Plan Issues Report based upon the input of the Mustang-Padre Island Stakeholders Group. This document was used to identify the important issues related to the ADP. Tt Figure I ~an g'au::dar;,es Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 2 Figure 1: Plan Boundaries The Mustang-Padre Island Area is located in the easternmost part of the City, offshore from the mainland. The Plan area is bounded by Port Aransas on the north, the Gulf of Mexico on the east, Padre Island National Seashore on the south and the Laguna Madre and Corpus Christi Bay to the west. The area also includes the John F. Kennedy Causeway. (See Figure 1 - 'Plm~Boundary Map.) The principle objectives of this plan are as follows: 1) To recognize the unique characteristics of this area and prop~establish policies Ihat e4,~:?lx::;i,,c t!nc-accd for development standards that may not apply citywide. 2) To recognize the regional economic significance of this area and develop policies that advocate responsible economic development strategies. 3) To propose techniques or methods by which the environmentally sensitive areas must be preserved and/or developed with minimal adverse impacts. 4) To propose appropriate land uses and a corresponding transportation network to serve future land uses and public access to the Gulf beaches. 5) To facilitate infrastructure planning through a reasonable estimate of future land use. DEMOGRAPHIC CHARACTERISTICS (u.s. Census Bureau, 2000 Census) POPULATION This area is the one of the highest growth areas within the City's jurisdiction. Figures 2 and 3 illustrate population growth in Corpus Christi as a whole and within the Mustang-Padre Island Area. These figures include actual census counts from 1970 - 2000 and projections through 2050. Area population growth is dependent upon land availability and density of development. Being an island, with significant amounts of natural resources, land availability is limited. The ultimate population and growth will depend upon the factors discussed within this Area Development Plan (ADP). It is important to note that the projection figures are estimates and should be used for long- range planning purposes only. A comparison of Figures 2 and 3 indicates that the growth trend within this area is projected to continue outpacing that of the City as a whole through 2050. With the construction of Packery Channel, development is expected to rise sharply through the next 20 - 30 years and then plateau. At that point, land availability will likely become a limiting factor and area population should stabilize in the vicinity of 50,000. The bulk of the future growth will occur in the areas comprised of Commodore's Cove Unit II, Cape Summer Unit I, Cape Summer Unit II, Lake Padre, Packery Channel, from the Kleberg County Line to the existing city limits and the Gulf beaches of Mustang Island, north of Mustang Island State Park. The demographic makeup of the Mustang-Padre Island Area is not consistent with that of Corpus Christi. Within the area, about 70% of the population is in the 21 - 64 year age group. Meanwhile, the City has about 56% of the population in the same age group. The 0 - 20 year age group makes up about 16% of the Mustang-Padre population, as compared to about 33% for Corpus Christi's Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 3 population. This is indicative of the area's status as a resort community. The bulk of the population is working age adults, with fewer children than the remainder of the City. Also, there is a slightly higher rate of retirement age (65+) individuals within the area (14%) than the rest of the City (11%). The proportion of married couples with children citywide is about 49%. Meanwhile, within the area, only about 27% of married couples have children. Figure 2 : Corpus Christi Population Figure 3: Mustang-Padre Island Population EDUCATION Educational attainment for individuals age 25 and over differs greatly between the area and Corpus Christi. Citywide, about 24% lack a high school diploma or equivalent. That statistic is about 5% for the area. About 45% of Mustang-Padre residents have a bachelor's degree or higher, with 77% having at least some college. In contrast, only about 20% of Corpus Christi residents have a bachelor's degree or higher, with 51% having at least some college. INCOME Median income in the area is significantly higher and the poverty is significantly lower than the remainder of the City. The median household income in Mustang-Padre is about $60,200, while that of Corpus Christi is about $36,400. Also, less than 5.5% of households in the area live below the poverty level, as compared to the City's 17.55%. HOUSING According to the 2000 Census, 8.38% of the total housing units citywide were vacant. For the area, 27.54% of the total housing units were vacant. This is largely due to the preponderance of seasonal housing units in the Mustang-Padre Area. Of the 1,121 vacant housing units in the area, 788 (70.29%) were seasonal units, which catered largely to tourists and winter Texans. Citywide, only 15.95% of vacant housing units were seasonal units. There is a significant discrepancy in median home value between Corpus Christi and Mustang- Padre. In fact, there is a large fluctuation in median home value within the area. The median home value citywide is approximately $72,000. On Mustang Island the median home value is about $154,000, while on Padre Island it is about $216,000. Possible causes for such differences could be property value, age of the housing stock, size of homes or a combination of those factors. CURRENT LAND USE Figures 4 and 5 illustrate the existing land uses on the Island and Table 1 shows land use acreages category._ The total ....... ~ olL2~.506study area contains 31,451 acres i:; Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 4 ~:::cl z::'ea '~; ithin the Pla:: a:'e;:.: Water area is specifically excluded. The "Park" category includes parks, beaches and other publicly held lands and accounts for about 57% of area land. A large portion of land in the "Vacant" category, an estimated 3,800 acres or 13% of the total area, is wetlands. This illustrates that development is either disallowed or strictly limited in about 70% of the ama. Less than 25% of the area's land remains developable, without significant wetlands mitigation. While it is true that wetlands can technically be developed, the mitigation costs oftentimes are economically infeasible. Padre Island Existing Land Use Figure 5: Mustang Island Existing Land Use Table 1: Existing Land Use Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa,ge 5 A. ENVIRONMENT Preservation and protection of the Island ecology is critical to the public health, safety, and welfare of the Corpus Christi community and entire region. The Island ecology, including the Gulf beach, dunes complex, and wetlands areas, provides significant benefits to the rest of the region. It is a well-known fact that the Island dunes complex provides the first line of defense to the mainland from hurricane storm surges. The Island wetlands and estuaries provide an aquatic environment to support many species of fish and shellfish for sport and commercial fishing. In addition, the unique beauty and recreational opportunities of the Islands, specifically the beach areas, benefit the local and regional economy significantly. Tourism studies have shown that the Gulf beaches are the number one tourist attraction to the Corpus Christi area by visitors from both inside and outside of the State. In order to balance the need to protect the coastal natural resources of the Islands and to promote economic development on the lslands, the following recommendations are proposed. Some of the recommendations are being implemented by other governmental agencies, i.e.U.S. Army Corps of Engineers, Nueces County, State of Texas, etc. The Plan recommendations are intended to assure City support and are not intended to substitute or establish an overlap or duplication of authority. POLICY STATEMENT A.1 Gulf beaches between mean Iow tide and the line of vegetation must contain no structures or improvements except erosion control measures and limited public recreational structures (life guard towers, fishing/surfing piers, open-air public showers, portable restrooms, traffic control devices, etc.). No paved parking may be constructed on the Gulf beaches seaward of the foredune ridge. However, unpaved parking would still be allowed, where not specifically prohibited. Paved public parking will be located on the backside of the foredunes with dune walkovers providing pedestrian access to the beaches. POLICY STATEMENT A.2 Prior to issuance of any building permit for a site, all requirements of state law with regard to dune protection and beach access must be satisfied. POLICY STATEMENT A.3 Due to the complexity of Island development and the need to protect environmentally sensitive areas, the City will require an interdisciplinary site plan review process for all commercial and multifamily development on the Islands, in conjunction with the issuance of building permits. Mustang-Padre Island Area Development Platt Draft April 12, 2004 PaRe 6 The site plan review process saves permitting time by assuring a thorough review at the beginning of the project. The site plan will clearly indicate the location of dunes, jurisdictional wetlands, floodplains, public beach easement, etc. in relation to any proposed improvements. The process should include a turn-around time of one week or less within the existing timeframe of building permit issuance (approximately three weeks). The site plan review process will ensure coordination bet~veen City Staff and facilitate the "one stop" development concept. In addition to what is already required, site plans within this area must be drawn to scale and must include at least the following (as applicable): A) All requirements of state law with regard to dune protection and beach access must be satisfied with appropriate permit numbers indicated on the site plan and construction limitations indicated on the lot; B) Where available, if previously obtained, an existing preliminary determination of jurisdictional wetlands or a U.S. Army Corps of Engineers jurisdictional wetlands determination provided and appropriate permit references will be indicated on the site plan; C) If a site is subject to architectural design zoning standards, a note regarding the architectural theme of the development and exterior building materials; and D) Shoreline areas must include a state land survey of not less than five years old. POLICY STATEMENT A.4 Mustang and Padre Islands will not be considered for sanitary landfills or other solid waste disposal, except for dredge materials. POLICY STATEMENT A.5 The design and use of naturally regenerating systems for prevention and control of beach erosion are encouraged and preferred over bulkheads and other hard structures and the protection is a reasonable solution to the site where it is proposed. Regenerating systems include, but are not limited to: A) Beach nourishment B) Planting with short-term mechanical assistance, when appropriate C) Any other method consistent with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast POLICY STATEMENT A.6 Underwater pipelines carrying materials harmful or potentially injurious to aquatic life and/or water quality must be provided with shut off apparatus at each end of the underwater segment. POLICY STATEMENT A.7 The City will encourage the protection of sensitive wildlife habitats and the island environment by considering innovative design techniques, implementation of incentives for developers and allowing higher than typical development density in uplands where practical. It is not the intent of this plan to initiate requirements for protection of non- jurisdictional wetlands. The City encourages any developer to voluntarily preserve the existing natural environment by concentrating the total allowed number of units allowed, based on gross Mustang-Padre lslaud Area Development Plan Draft April 12~ 2004 Page 7 acreage (including wetlands) , into a multi-story building or buildings. This "cluster development" results in large setbacks, buffer zones, reduced infrastructure costs and more permanent open space. POLICY STATEMENT A.8 The City will develop a revision to the landscape requirements in the Zoning Ordinance to create an indigenous species and wetlands allowance for landscaping on the barrier islands. New development may incorporate natural wetlands and vegetation to partially satisfy landscape requirements where such features can meet the screening performance criteria. POLICY STATEMENT A.9 Encourage development of an expanded canal system~ including a bridge on S.P.I.D., to connect Lake Padre / Packery Channel with the existing Padre Isles Subdivision. The expanded canal system is consistent with proposed developer plans and would benefit Padre Island in several ways as follows: A) Improve canal system water quality in Padre Isles; B) Improve surface drainage along S.P.I.D, i.e. a canal system parallel to SPID could provide outfalls for storm drainage along the roadway; C) Providing a convenient water transportation system for small watercraft between the Padre Isle residential area and future commercial development in Lake Padre/Packery Channel. DUNE PROTECTION THIS SECTION HAS BEEN MOVED FROM ITS OWN SECTION E DUNE PROTECTION TO BE COMBINED WITH SECTION A. ENVIRONMENT 1~' ~IM~JI7 I)D~TFt~TifI~tT Mustang-Padre Island Area Development Platt Draft April 12, 2004 Page 8 ~u~' -~'.';,,,.,,,.,' ...... ..... ~4he -bcachc'.; and du:~ contri[~e sc~twc:; '.;:md bdc~t~ycd, """~ ~:; los/; m~4 mad:;. ,.,,;h and ~m~q-unof? k ......... .k,~ a ...... r I)I;NI~ PROTECT!{)N LINE · ..I .......... LOAq ...... I~TRO~CTIO~ State law requires all coastal counties (or coastal cities that have been delegated authority by counties) to protect critical dunes and dune vegetation from direct or indirect adverse effects of construction in a critical dune area or seaward of the dune protection line. The sand dunes that lend beauty to the coastal landscape also serve an invaluable practical purpose - they give resilience to the barrier island shoreline. Sand dunes are a coastal community's front line of defense against tropical storms and hurricanes. By absorbing the force of the storm surge, critical sand dunes help prevent inland property loss and the loss of lives, Protecting critical sand dunes is the least expensive and most efficient defense against storm-surge flooding and beach erosion. Critical sand dunes prevent or delay intrusion of floodwaters into inland areas. Dunes hold sand that replaces eroded beaches after storms and buffer windblown sand and salt spray, This natural defense can be strengthened by increasing the height and stability of existing dunes and by building new ones. The growth of coastal population and the increasing development and recreational usc of the barrier islands, threaten the stability of the dune environment. Construction and heavy recreational use of the beaches and dunes contribute to dune deterioration. The vegetation that Mustang-Padre Island Area Development Platt Draft April 12, 2004 Page 9 secures sand is destroyed, sand is lost, and roads, trails and storm runoff breach the dune ridge. Dune damage that results from human activities accelerates the damage caused by the ever- present wind and wave action. Inland areas become more vulnerable to hurricanes and tropical storms when the continuous dune ridge is weakened. Protecting dunes also preserves and enhances the beauty of the coast. To succeed, dune improvement and protection efforts must be undertaken by federal, state, and local government entities. But even more valuable are dune protection efforts by property owners who recognize the value of a viable dune system. DUNE PROTECTION LINE POLICY STATEMENT A.10 The City will continue to enforce dune protection and beachfront construction regulations in Kleberg County and will continue to encourage Nueces County to delegate dune protection authority to Corpus Christi for areas within the City's iurisdiction. The City has been authorized to establish and enforce dune protection regulations in Kleberg County and has requested such authority from Nueces County. The Dune Protection Line as established by the City of Corpus Christi, in the City's corporate boundaries in Kleberg County will be effective for Nueces County upon delegation. This Dune Protection Line generally coincides with the maximum allowable distance by state law - 1,000 feet landward of mean high tide at the shoreline of the Gulf of Mexico. This line will also coincide with Nueces County's existing Dune Protection Line, which has been in effect since 1973. The Dune Protection and Beachfront Construction area are illustrated in Figure 6. POLICY STATEMENT A.11 Property located landward of the North Padre Island Seawall is exempt from dune protection requirements. The City will continue to support exemption of the Seawall area from dune protection guidelines. Several important factors distinguish the area behind the Seawall from all other areas adjacent to the Gulf of Mexico within Nueces County: A) Sand does not return to the beach; B) Isolated area does not contribute to dunes systems to the north or south; C) The Seawall serves as protection from storm surge and no dunes exist to provide the same protection in this area. D) The area is protected from storm surges by the significant Seawall improvements of the Padre Isles and Lake Padre developments. E) The area between the Seawall and Leeward Drive is completely outside the 100-year floodplain as designated by the Federal Insurance Administration. F) The area landward of Leeward Drive is within flood zones Al3 (elevations 9 or 10 feet above mean sea level): the same flood designations as most of the Padre Isles development. DUNE PROTECTION PERMIT A.12 The Dune Protection Line serves to identify which dunes are "critical dune areas" as defined by state law. Its placement determines what areas within a proposed development Mustan.g-Padre Island Area Development Plan Draft April 12, 2004 Page 10 require a Dune Protection Permit before construction may begin. The City of Corpus Christi will administer the Dune Protection Permit process for those areas within its city limits and its extraterritorial jurisdiction within Kleberg County. However, in Nueces County, Corpus Christi has not been granted dune protection authority. As such, it is the only city on the Texas Gulf Coast that has not been delegated dune protection authority by its respective county. Because of separate iurisdictional authority, coordination between the City, Nueces County and Kleberg County will be critical to the success of the City's Dune Protection Regulations and its administration. This coordination will ensure that the policies and objectives of the Texas Coastal Management Program will be implemented in an efficient manner. Specifics on the regulatory requirements of the City of Corpus Christi's Dune Protection Permit are contained in the "Dune Protection and Beach Access Regulations" under applicable sections addressing dune protection. Portions of the plan dealing with dune protection include required findings, prohibited activities, and the "mitigation sequence" of development in or near critical dune areas. The mitigation sequence consists of four basic alternatives to dune protection. These four alternatives include avoidance, minimization, mitigation, and compensation and are addressed in detail in the Dune Protection and Beach Access Regulations, Chapter 10 of the City Code. POLICY STATEMENT A.14 The City will continue to pursue delegation of dune permit authority by Nueces County in order to create a single approval authority for dune permitting, beachfront construction certificate and platting. This will facilitate the "one-stop" development process adopted by the City. The current process of obtaining approval of a proposed development requires that the County and the City both approve a plan. The submission, presentation and fees are redundant. The current process is a hindrance to economic development within City iurisdiction and gives other cities, like Port Aransas, a competitive advantage in attracting development. Nueces County granted Port Aransas dune protection authority in 1986 and Kleberg County granted the same to Corpus Christi that same year. The City of Corpus Christi maintains that it is at least as qualified to hold such authority. POLICY STATEMENT A.15 All pedestrian walkovers will be built over the dunes with ramps in a manner that minimizes cutting through or removal of the dunes in accordance with the Texas GLO guidelines. Such structures must comply with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. Figure 6: Dune Protection and Beachfront Construction Areas Mustang-Padre Island A rea Development Plan Draft April 12~ 2004 Page 11 B. LAND USE · . ......OVERALL LAND US PLAN POLICY STATEMENTS 'Ir-able 2 ............. sqt~tit~e 4 ...... u:,e ....... ~., !;y eaic~,ovy~ PLAN STATEMENT B.1 The City Council, hereby, adopts Figures 47 and ~_8 as the guide for future land use decisions._ The intent of the future land use p~an is to support environmentally sound, high- density tourist related growth, medium-density mixed uses and residential land use on the Islands. The plan provides for a compatible configuration of activities with emphasis on the protection of residential activities from incompatible activities, the placement of commercial activities at locations with good access and high visibility, and the identification of environmentally sensitive areas that should be preserved. POLICY STATEMENT B.2 ....... ~.,,~,~ will .....,,~ of c ...... ~.~oura~ a~d promot~ hr all a~{.~i~s of th{ CRT as illustrat~ o. the ~uture ~ap. T~is i.cludcs commercial rc.~rcs, to.doll.lures ~d rcso~s, fishin~ and omdoor recreation facilities, and ......... ,~Tecreatlonal vehicle parks. ,~ ..... men ....... : ..............lc Park Rd 2~ and ~...~c*"*~' ~;..~ ....... ax~ wiq., be ..c., POLICY STATEMENT B.3 d ' Mustang-Padre lsland Area Development Plan Draft April 12, 2004 Page 12 ~t~~I~";t ....... li.~l.,,,~,,.~ ~ll)l~l~' ~ "l- ~5m~4o~t o: .......... orient~[~ u:;e:; ....... ..... ~ [~ml~-atcd as -m,,,,vc,,~ by ~ PUD ....... by a PUl)~;el-la}. Development that is visible from designated arterial thoroughfares must have a consistent urban design theme integral to creating a "sense of place"~ enhancin~ the "visitor experience"~ and enhancin~ the overall quality of life. POLICY STATEMENT B.4 ~c4 ' inchdc The public riihts-of-wa~ alonl S.P.I.B. and State ~i~hway 361 will be landscaped to provide a more aesthetic environment. (Se~ Figure 9)The landscape theme should be consistent with the Island 2000 Plan which includes group plantings at island "Gateways" such as palms and oleanders. The intersection landscaping must adhere to requirements of the City's driveway ordinance and be designed so that sight triangle distances will not be blocked. Figure 7: Padre Island Future Land Use Figure 8: Mustang Island Future Land Use Mustang-Padre Island Area Developmeut Platt Draft April 12, 2004 Page 13 Table 2: Future Land Use POLICY STATEMENT B.5 -- Sore,. ETJ T~cx~ .......... La:;d 44fli¢c ....... ~tn~m~h .... ~l)pt~ 9;" '~ ......... , ............ hcach~ ............. ~ ............. ~ ~h ............ ~ ..... o',~4~ I'~gio~ or tlto I o( ........ u,gos fin,~tis area iaclu~: To enhance the beant~ and aesthetic appeal of Mustang and Padre Islands, landscape requirements for street yards adiacent to S.P.I.D. and State Highway 361%ll he of a hi~her standard than is t~picall~ allowed elsewhere in th~ Cit~. Variances, special pe~its, or other means to reduce the landscaping requirements for development in this Plan Area will be strongly discouraged. POLICY STATEMENT B.6~ou.*h ('it;' ' ;~;*' , ~.~.. s-to ...,.~,,c""m , ~_, ......... ..,,. ~,, .., .. ,....,.. 2:-k ............... ,., .q ....... prov:d:ng ~,,,~ ............. ~*ka~e ..................... Hd ht~~ .................... to c .q re,me rcia~ v~c~m'e~>~'optfii~ ~T4~c 4m~ ........... of Padre ~,.~.,~..i D;'i',c/P-aek Road ~2 Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 14 resident {xq;uJati0:~s= tlo',~ve<, heavy commc¢cml acfivitic:; '~"' "';~ ~tt~:a~emt~or act~',ritie~fl~at <{uc [o ~ei:' pln)':;icaL~'a~etq~i~; would ....... a ...... ~,, The ........... c ........ q ...... ~- ~4tI'o- ('-;'~ ....... ;';" "" '~'" ~';"~' ~";c~ ........ w.....,,q~H~.i ,,,.~,. ........ ~ ....... ¢~ 8~;¢,[(~{~'~ ' ~"q""~"''l ...... t .......... t .,.,~'1'"' t,..., tl.,..,,~ I.;~.,,el}4to,,.,, ,~:'"';k;l;t" L..,,,,..,.,..~.,...,, .. .... ~- -"*~- ..... Padre ,.,..,,,~I' i,,...i .... ~; ..... .vh~ allowed re} .................... t ~ ............ l ......... n{ ......... the .............. ~ ',rill ~&tse-[~he public...,i.;L. ~.,.; .... o]ose~ ~y .i.,. r,; ............. ~ ....... ~ov County t.. vehic~ar traf~c. (~ Silna~e requirements should promote a coordinated and cohesive design and reinforce a desirable image of the Citf and the Islands. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa, ge 15 POL!G3~: .............. ~,.,, . Thc~a~fit ..... , +;,4.; ...... *"'-",' ' ...... *"~ "~'~"~. t~'" '"'~'~ F v ....... ,., ~,,:~-, r~. ................... ;~t the '' ,T4m Git-~ f~N it:. ........................ ~'*g; .......... Th+Ch,, .......... Figure 9: Intersection Landscapin~ Concept POLICY STATEMENT B.9 Mustang-Padre Island A rea Development Plan Draft April 12~ 2004 Page 16 thE' City. nd o~Stalc ............. h~l~ a} widening p~)jcct!;. Encourage placement of public art on roadway medians and other public or private properties. POLICY STATEMENT B.10 A~; ............." by' S' ...... .......... p;H.,,, 17~ {~4' ~t...~,,~ wn,l, !cgi:~a[urc. thc ~.....~,c ~ I ' th .......... m.~op ..... . ma~,u, The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. Development obiectives ~or the Mixed Use categories are to inco~orate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transpo~ation network, and pedestrian and bicycle amenities. A "Mixed Use" area should be developed using a Planned Unit Development (PUD) zoning district or other equivalent zoning catego~. A) Mixed use/residential - A high percentage of land designated for Mixed Use Residential should be developed for residential pu¢oses. Low intensity neighborhood se~ing business may also be appropriate (no more than 10% of the area). Clustering of development density with large setbacks or pemanent rese~es of open space may also be acceptable in combination with high intensity uses, provided high intensity uses are inte~ated into the surroundin¢ neighborhood and any negative impacts are eliminated or mitigated. B) Mixed use/tourist - The mixed use tourist land use is characterized bY high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas/vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. POLICY STATEMENT B.11 To i:u;urc compatibi4ity of c::crgy im*duction acti',5tic:; amd tou:'~ o;-icntcd development, the City ~ilt develop de',;ig~eompalib~Hty guideline:; amd :-~4re new oil and sa:; producer:; to c~nf~rm m "Gateways and Scenic Corridors" are designated on S.P.I.D., a portion of State Highway 361~ Whitecap Boulevard~ Windward Drive~ Leeward Drive~ Sea Pines Drive~ Commodores Drive~ Zahn Road, Vista Delmar, main entrance to Padre Balli Park and other streets as depicted in Figure 10. The purpose of designating these corridors is to recognize and protect the economic and environmental significance of these areas. The design elements and allowable architectural themes of these designated corridors will be implemented through the Zoning Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 17 Ordinance. Such architectural design themes may include elements found in coastal regions such as Cape Cod, Key West, the Carolinas, the Caribbean, Spain, the Mediterranean, South Texas, etc. The purpose of this policy is to help create a "sense of place" and increase the quality of architecture / aesthetics of development along these transportation corridors. Uniquely attractive public and private street lighting, landscaping, pedestrian furniture (benches, water fountains, bicycle racks, signage, public art, etc.) should be incorporated into public infrastructure and private new development and redevelopments. (Also see Visitor Center in Policy Statement B.24) POLICY STATEMENT B.I 2 · 4~ ~'qanc~ ....... +~ .......... ~ ' n..~.,; , ; ........ ;,~, >...,;,;, ...... i~+ ...... to r~ ....., r'l~;,~,' and ............... ..,,, ..... l ...... ' ..... uw ,;. ......... ~"-~" thc c-..,,~,.;,. Padrc re.n; n..~. ~n,,~* ..... . ....... d -; ............. n .... dh; ..... s,~,,..~ ......... ~sa[ and +~ ......... P(HdCY ,, · Aq ........... L 13 .... ~,, .,t ............. -e ............. - ........................................ to .... a:lerial c,,m..; ..... ;,.~v,.,.~ ............ ;il bc. ;' ~ ................. ;'~ed by ttu.~ ~,~,~t.~.,4 ..... ] .................. ,~ ~..~ ~,,~ ....... ..~.,,. .... i" "P ....... R% park. ~b:' Rw ..... ~ ~"'-'~ ..... '"" =ill c~te:', ',~id~in ~ n,,.+ ,~,,, .;,m, oiLy, a)!in~'~nd :~ "';"; ......... c ~;-'-* ¢ '*~' he:gM. Inlcrnal accc~ d:'i% Tra~'t~RV :;imco:; l_oca~ion and type ol: acce:; ;c:'y u:~ Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 18 , .,~,..~ ~ ......... ~m~ ) Create a permanent Island Visitors Ceuter located on the so.th side of SPI~ between the existinl~ gateway and Aquarius Drive. The existing visitor's center is poorly located on the north side of SPID and is in a portable building which does not lend itself to convenient access or positive image. POLICY STATEMENT B.13 The City will continue to protect residential neighborhoods from encroachment of non- residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated. POLICY STATEMENT B.14 rb ' T~. ,,. ..... ,.,....,,,..........;":~: .,.,: .... ...r'.~.. ...... ....-~ .... fl~a-a--c-u(s- at~ ................... c....+, l~,..] ~.. ,.4. ~~... ~,.., .. n-:.,..~. ~n. ad 22 will be t--' t ......... k~ .... ~l~%~-~f~l~ Cf*Gill3 CUI'D~,.,'"'+ ...... ,,,,~1 a ,,~1,,,,,,~,,, ~k'"'k ........ I ,,il'~ ....... ,,,f''~,,,,,,~, ~,,,,;"1 current ......... ~ ....... d~ .......k;land DrR'e/Park Read 22. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 19 C TD A'~]I2DthDTATIF~I POL4CY STATEMENT C.1 ....... ~,,~., ~-c .......... he-, ........... ' ; .....'""' ;;'il! ..................... t ......... t .......!,.+land ~,-,t',''a~leh e ............... ,,, .,. C ..... dqP, il~tlt~ ................. · -':"..... ~.. ~,. p--a-I....s -~. ~.~. s~.,~., ~ ....... ....,~o ................. s .................. s~"~J ..... Industrial uses and sexuail~ oriented uses are incompatible with and may threaten low- densit~ residential land uses, the natural environment and the hmily 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. POLICY ~ ......... N:F-( .4 T!: e4'[,% ................. *~ .......... * -:~" linc. T;:k; .......~, ........"'" ' ..... ...... ~,,~: ....... sol ............. ~i~-e tho ..oct ~ ........ ~ .., , '. ....... ,~.,,.o · cc..,,.. - .... ; ....... '~ 37 ~ ..... ; ........ ...... 4~' ............ h~ am~ ~rti;msdt4- ~7. ' ....... a ....... ' ....~'""~'a ~"~ ;"~'"~ "';*~' '~ ...... ; ...... ' .......... t, ' n i~a~ilil',' ~mt5 wi~' m~deqtakcn v,.hich kz~ation Mustang-Padre lslaad A rea Development Plan Draft April 12, 2004 Page 20 it)t t(h 8tAFE4 IE: ....... ~ ............................... ' ~ ~h Padre ,..,,...a )pm~ ........................... .................. .,.., . ....... ~a~lt~e ....... ~ .................. may-~u~ vht 4h~,.q ............ Plan POLICY STATEMENT B.15 Recreatio.al vehicle and manufactured home uses should be ~rohibited from locating on the islands. These uses are a detriment to the high quality residential and resort development proposed for the islands. Figure 10: Gateways and Scenic Corridors POLICY STATEMENT B.16 Utility lines will be placed underground, where possible, and will minimize disturbance of wetlands, dunes, or other sensitive habitats. This will improve the aesthetics of the area and improve public safety, particularly in times of weather emergencies. A) The installation of new electrical, telephone or other utility lines along expressways, arterials, and collector streets, or the substantial expansion of existing electrical, telephone, or other utility lines along these roadways must be accomplished underground or underwater. B) Existing utility lines are to be relocated underground wherever possible, as the City and/or State undertake street or highway projects or when a utility company replaces overhead utility lines. POLICY STATEMENT C~6B.17 'The4/'tv drk ')"~" Rd 22 ..a ¢*..., m..,. ...... ......... '" ~b~ minimize ncccs.s c~1~ '-";"*" ~--] .............. a ...... fy";' iM" "~ ........ 's '" IEgl ' *¢-' 511 '"~ ...... ,xa~ ...... dr~wavs would ae~k .... 2 ...... s ~,-',.e .......... ~ ...... accc:;:;-t,oadway~qo~i~mtri51n and l~v c ..... t .............. i'"'5 ....... F~, ~S .............. t .......................... , ?.)l.lC .v ST,\TI~;M I('Nr4' [)e¥..I ........... * * .... .I ...... ~ p'~tlertts sttppo:'t ~h.. r..u....4 .... *....a.....; ...... ;n.,..~...*..a .... ...... Mk., public heaeh .................... t ....... ~ ..... m.,.., .......... ¢ (df., o .. a4tspo! tm,,,.., ............ Mustang-Padre Island A rea Developmeut Plan Draft April 12~ 2004 Page 21 POi A~ i¥ ST,V!'E~t EN T Thc City-;;ill pur~ut'-~4rant:;, capita! imprt:¥emcnt pr~gramn:ing, and hotc!/motel-4a,~ revenue f~lrmcquisitiot~ and imprc¥c-ment4~f fml~!ic bcac.~ To insure compatibility of energy production activities and tourist-oriented development~ the City will develop design compatibility guidelines and require new oil and ~as ~roducers to conform to these standards. Development plans for extraction or support facilities will undergo site plan review and inspection for compliance and appropriate screening will be required. POLICY STATEMENT B.18 The City will pursue affordable housing proiects on the island where the City and a developer can reach agreement to provide lots at an affordable price~ possibly in combination with developer incentives pertaining to a reduction in lot size~ development fees, and or other desiln or tax incentives. The vehicle for pursuing this type of development would be the City's Planned Unit Development District in combination with a developer agreement to assure low income housing. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page ?2 POLICY STATEMENTS FOR THE AREA IN THE CITY'S FIVE MILE EXTRATERRITORIAL JURISDICTION LOCATED IN KLEBERG COUNTY SOUTH OF THE CITY LIMITS POLICY STATEMENT D.2 PAP. KE & !>.ECP. E,V!'!(~NB.19 , ,,~-~Iatim~ ............. v:i~c .......... d- de~ d,,t ........ of park:;. This area is all publicly owned by the Texas General Land Office or is within the Padre Island National Seashore. Cu~ently, thc land is undeveloped with only a few oil and gas extraction activities on the prope~. Regarding development in this area, the followina oolicies a~Dlv: A) The area must be preserved as an area of natural coastal habitat while providing for increase public access to the Gulf beaches and the Laguna Madre Shorelines. B) Any use or development of the land or a portion thereof must have a significant beneficial impact on the region or the state. Potential uses for this area include: 1) Beach and Laguna access roads at a spacing of approximately 2 miles apaa (current spacing is 8 miles) are critically needed for emergency vehicle and enhanced public 2) Recreational vehicle parks, camping, fishing, hiking, boat ramps, parking, lookouts, etc.; 3) Wind and solar power generation on a limited basis may be acceptable; 4) Small and large scale desalination hcilities on the west side of South Padre Island Drive (S.P.I.D.); 5) Temporary armed forces training; and 6) Permanent open space preserves. ,.~ ................. umt 11 ~ ..... ;~ ; ........ '~ ...... ;.";-- ~..~n~ ..... Park to ,,,;u idea ..... ; ....i ....... park, Unit:; I and !l 4t~-*lo',o!o?or ..... F:'ov c.,m. ; .............. ~ MustanR-Padre Island Area Development Plan Draft April 12, 2004 Page 23 POLICY STATEMENTS FOR THE AREA FROM THE SOUTH CITY LIMITS TO ZAHN RD. POLICY STATEMENT D~4-- . ......... -S ..... B.20 Padre Isles Property Owners Association will be invited to comment on rezoning cases and the site plan review process. Strip commercial development should be discouraged along S.P.I.D.. Commercial proposals providing substantial acreage and a planned commercial duster are to be encouraged. POLICY STATEMENT D.6 STORMX, VATEP. SYSTEMB.21 Tl:c C~t:,' will conduct :: crific::t :maly,';k; and need; as:;c:;;mcnt 8!' tko area'; ;t,')rm draiaa~e system~ and amend tl:e ,cAmm: Water Drainage Master P!aa as determi::ed necessary b~ Lower intensity mixed use tourist activities will be encouraged at the intersections of S.P.I.D. and Jackfish, and at S.P.I.D. and Aquarius Drive. These two intersections will provide service to a smaller residential population located in the viciniW and will also require less intersection capacity. Therefore, low intensiW commercial activities will be appropriate. .............. :~T .................... B.22 POLICY STATEMENT !).7- W 5TER a nr]~ xx A C =xx,' A'.'~'r, CVeTrr~nC m; ....... .,...,m fig ~.. us ...... ~ ......... ~ ......... ~ ...................... Mixed use tourist areas of medium intensity will occur at S.P.LD. and Sea Pines, Encafltada~ and Commodores Drive. These intersections will provide access to most of the residential population and will require intersection improvements to accommodate future traffic. For these reasons, medium to high intensity commercial activities are appropriate. POLICY STATEMENT t¢:8 PROVl~ION44I;SFI{X:qt~B.23 · ..t~Ct....,m and ........ ~e ....... at .... a p ................ .... v. ~ · can~.,. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 24 The intersections of S.P.I.D. with State Highway 361 and S.P.I.D. with Whitecap will be developed with high intensity mixed use tourist. Such commercial activities will serve both the visitor and permanent resident populations. However, heavy commercial activities that might include outdoor storage and/or activities that due to their physical characteristics would not contribute to the visitor environment will not be allowed. Activities generally as considered high intensity commercial include, but are not limited to grocery stores, building material yards, open storage and warehousing. POLICY STATEMENT 13~ ~,,,,~ ..... ~ ',vii[ ............ lot '~'' i ............. , ............ (,,, wi!! *l ' ' This ' Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 25 The areas referred to as the Village (east side of the lntracoastai Waterway at the JFK Bridge) and the Jones Tract {south of Padre Isles) in Kleberg County~ must be developed under special mixed-use standards consistent with previously adopted master plans for each area. (See Appendices A and B) A) Thc Village Master Plan, approved by both the City and the General Land Office, requires greater public landscaping to identify this area as an "entrance or gateway" to the island. Special emphasis will be placed on making the Village pedestrian "friendly" and connecting the various use areas with a boardwalk or "walkabout". The City will pursue two revisions to the Village Master Plan to: i. eliminate recreational vehicle parks from the plan area; and ii. relocate the proposed visitor center in the Village Plan area to a higher visibility location south of S.P.I.D. and immediately east of the Village Master Plan area. The proposed location is in Texas Department of Transportation right-of-way. Upon adoption of this recommendation the City will immediately met with Texas Department of Transportation to secure a spacious and highly visible location for the future Island Visitor Center. B) Requirements for the Jones Tract will be consistent with the Vista Del Mar Master Plan adopted by City Council in 1999. POLICY STATEMENT B.25 Property located west of Nueces County Packery Channel Park is proposed for mixed- use/tourist development due to the high visibility location on S.P.I.D. and access to Packery Channel. Access out of the site must align with the existing median cuts on S.P.I.D. to facilitate future signalization. POLICY STATEMENT B.26 The City~ County, and State will work together to promote public parking areas in proximity to public beaches. All plans for public beach access and parking facilities on State land must be approved by the Texas Attorney General's office. State law requires that beach access be preserved. However, the local government has the authority to define the degree of access that is permitted along the beach. Due to the narrow beach area in front of the sea wall, and the safety problems presented by heavy vehicular and pedestrian traffic, the City occasionally blocks off the beach to vehicular traffic. The City has acquired property for a public parking lot (approx. spaces) at a central location behind the sea wall. This will allo~v the beach segment between Leeward Beach and Whitecap Beach to remain open to pedestrian traffic and use by the public, while being closed by the City or County to vehicular traffic. (This recommendation is also provided in the JFK Causeway Recreation Area Master Plan study.) POLICY STATEMENTS FOR THE AREA FROM ZAHN RD. TO PORT ARANSAS CITY LIMITS POLICY STATEMENT B.27 Mustang-Padre Island Area Development Plan Draft April 12, 2004 PaRe 76 Area north of Zahn Road and east of State Highway 361 extending to the County-owned parkland is planned for high-density mixed-use tourist land uses. This low-lying area has a significant amount of wetlands, which may make it difficult to develop. However, it will have excellent access to the Packer,/Channel and adjacent commercial areas. Due to its proximity to the proposed visitor-oriented activities along Packery Channel, the area is suitable for commercial beach support activities, such as restaurants, surf shops, etc. POLICY STATEMENT E,-2B.28 ~ ....... 4 ................ lmm..~.,., .... ~.~hq~t ~ ~.,,., ~,.~4.~.,~,, the ~and '~"'"; ........ ' ..... yeae ......... ~est ol ......... c~e,,~ .3cawa]! ........... North of the State Park on the Gulf side of State Highway 361 high-density tourist oriented development will be encouraged. A number of condominiums have already established a development trend in this area which should be encouraged to continue. POLICY STATEMENT B.29 The area located on the west side of State Highway 361 is planned for residential mixed uses and conservation/State Park. Large portions of this area are composed of low-lying wetlands. Due to the sensitive nature of these lands and because the area does not have direct access to the Gulf, a maximum overall residential density of 8 units per acre will be allowed. Cluster-type developments will be encouraged through the use of incentives and are preferred over traditional residential development patterns. Commercial uses at intersections with collectors along State Highway 361 are appropriate. Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Page 27 Mustaag-Padre Island Area Development Plan Draft April 12, 2004 Page 28 F. BEACH ACCESS POLICY STATEMENT B.30 High quality planned commercial uses at the intersection of collector streets is encouraged. Strip commercial development will be prohibited along State Highway 361, unless access management techniques are provided (marginal access, shared driveways, etc.). Access management will enhance public safety and the traffic the capacity of State Highway 361. POLICY STATEMENT B.31 The City will continue to pursue resolution of all park dedication issues related to the parkland dedication committed from the Ten'a Mar Subdivision. The preferred locations for the park acquisition are adjacent to the Wilson Cut near State Highway 361 or adjacent to Corpus Christi Bay to facilitate water related recreational activities. POLICY STATEMENT B.32 Preserve and enhance public beach access at appropriate intervals (See Beach Access). POLICY STATEMENT B.33 Vehicular access along the Gulf beach shall not be restricted unless necessary for public safety. POLICY STATEMENTS FOR THE JOHN F. KENNEDY (JFK) CAUSEWAY AREA POLICY STATEMENT B.34 Regarding development in this area~ the following policies apply: A) The bait and fishing stands located along the John F. Kennedy (JFK) Causeway are at the primary entrance to the Island and are among the first sights visitors see of the Island. The City will place a high priority on the visual enhancement of this area. B) Paved parking and structural improvements will be required. C) The City will encourage efforts to beautify, enhance, preserve and protect the area. Mustang-Padre Island Area Develapment Plan Draft April 12, 2004 Page 29 C. TRANSPORTATION POLICY STATEMENT C.I The City Council adopts the Transportation Plan {see Figures 11 and 12) as the guide for future transportation decisions. The transportation network of this Plan constitutes an amendment to the Corpus Christi Urban Transportation Plan and a recommendation to the Metropolitan Planning Organization (MPO) to make appropriate changes to the MPO's Transportation Plans. Plan recommendations are based on the "ultimate" street network necessary to serve a fully developed plan area. Unless otherwise specified or where infeasible, all streets are recommended to contain curb, gutter and underground drainage. Wherever this transportation plan calls for the acquisition of more right-of-way than currently exists, the future right-of-way line shall be used to determine building setbacks. Use of the future right-of-way line to measure setbacks will prevent the construction of buildings, signs, or any other permanent structures, that would encroach into the future right-of-way and related setbacks. Changes to the Transportation Plan include: A) Adding a loop collector street extending Aquarius Drive north east and gradually turning south east to parallel and connect with Sand Dollar Street. B) Designating Palmira Drive a Collector Street. c) Revision to the collector street system north of Mustang Island State Park and east of State Highway 361 to delete three proposed vehicular beach access roads for a total of five vehicular access points and four pedestrian beach access ways. D) Deletion of a collector street segment west of State Highway 361 within the collector street loop shown immediately north of Mustang Island State Park E) Reduce the right-of-way requirements for S.P.I.D. from an ultimate 240 foot right-of-way to a 200 foot right-of-way. See conceptual cross section Figure 13. The proposed collector streets on Mustang and Padre Islands are conceptually located and some alignments may change depending on efficient and functional alternatives presented by the property owner at the time of development. POLICY STATEMENT C.2 The City will initiate a request to TxDOT for a speed limit study on S.P.1.D. Reduction of the speed limit is necessary as rapid commercial and residential development is occurring on either side of the roadway. Slower speed limits will help to create a safer roadway for residents, businesses and visitors. Figure 11: Padre Island Transportation Plan Figure 12: Mustang Island Transportation Plan Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Page 30 Figure 13: Park Road Conceptual Cross Section POLICY STATEMENT C.3 The City will pursue funding for improvements to enhance pedestrian and bicycle amenities as illustrated on the Hike and Bike Trail Plan Figure 14. The aim is to make island thoroughfares safer for alternative modes of transportation. Such improvements may include: A) Pedestrian-friendly intersections; B) Sidcwalks; C) Bicycle lanes and or wider shoulders; D) Landscaping; and Other appropriate pedestrian and bike trail amenities. POLICY STATEMENT C.4 The City~ in coordinating with the federal, state~ and county governments~ will develop a long-term emergency action plan for maintaining sufficient emergency access off the Islands. POLICY STATEMENT C.5 In order to optimize the elevation improvements to the JFK Causeway and to further enhance emergency access off the Islands~ the City will work with TxDOT to elevate S.P.I.D. to Kleberg County to an elevation equal to the average elevation of State Highway 361. In additiom the City will elevate to the same elevation the portions of the maior collector streets which are within 500 feet of S.P.I.D. This will assure that the existing low elevations of these roadways do not critically limit evacuation of the Islands. PROGRAM RECOMMENDATION C.6 A high priority will be placed on transportation improvements that will directly benefit the local tourist industry and are multi nlodal. POLICY STATEMENT C.7 Preserve the long term opportunity to create a second elevated bridge structure crossing of the Laguna Madre as part of the proposed South Loop pro[ect. The purpose of the second crossing would be to direct traffic away from the City and to relieve the traffic demand at the interchange of S.P.I.D. and 1-37. Experience has shown that during hurricane emergencies, traffic backs up on S.P.I.D. and portions of 1-37. The second crossing should be linked-up with the regional transportation network such that traffic is funneled away from the City without further exacerbation of these problem areas. As the need for a second crossing developments, a feasibility study will need to be undertaken to address: A) Location B) Timing C) Cost and funding D) Economic and environmental impacts E) COBRA implications Mustang-Padre Island Area Development Platt Draft April 12, 2004 Page 31 Fil~ure 14: Hike and Bike Trail Plan POLICY STATEMENT C.8 For public safety and to protect roadway capacity on S.P.I.D. and State Highway 361~ future development will require access management controls, i.e. marginal access drives, shared driveways, interconnected parking, etc. Design obiectives ~vill be to: A) Provide parallel marginal access roadways along S.P.I.D. and State Highway 361~ B) If marginal access roadways are not feasible, access management will be achieved through the issuance of "temporary driveway permits" and interconnected parking along hiehway property frontages. As private development proceeds along these roadways the city will require development to connect parking areas paralleling the roadway. This technique will help to minimize driveway conflicts and help to separate slow speed local neighborhood traffic from high speed through traffic. C) Provide bicycle lanes to facilitate multi-model trips, tourism and public safety~ D) Provide curbs, gutters and underground drainage~ E) Provide ample landscaping in the public right-of-way to promote an attractive, tourist-oriented environment. POLICY STATEMENT C.9 Intersection alignment improvements to Encantada and S.P.I.D.. The current configuration is confusing and creates an unsafe point of conflict, particularly for motorist attempting to enter northbound S.P.I.D. from Encantada Avenue. POLICY STATEMENT C.I 0 Development trends and patterns support the following standards~ as illustrated on the City's Transportation Plan, for public beach access roads. Spacing is approximately one mile in Nueces County Beach areas on Mustang and Padre Islands. In Kleberg County the spacing standard for public beach access roads is 1 - 2 miles. This design standard will provide sufficient access while discouraging unnecessary cuts through the dunes. POLICY STATEMENT C.I 1 The City will pursue grants, capital improvement programming, hotel/motel tax revenue and other sources of funding for acquisition and improvement of public beach access. BEACH ACCESS THIS SECTION HAS BEEN MOVED FROM ITS OWN SECTION F BEACH ACCESS TO BE COMBINED WITH SECTION C. TRA NSPOR TA TION [ PURPOSE AND SCOPE Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Page 32 The purpose of this section is to preserve and enhance the public's right to use and have access to and from the public beach and to support 14~e l~,~ichug of standards certifying construction on land adjacent to the Gulf of Mexico is consistent with such public rights. The geographic scope of the City's jurisdiction for beach access includes all areas within the City's corporate limits and its extraterritorial jurisdiction on Padre and Mustang Island located between the Gulf beach and the closest paralleling public roadway or 1,000 feet, whichever is greater. In addition, the City is authorized to regulate the platting of property and to annex properties within the City's extraterritorial jurisdiction. Two areas are exempted by General Land Office roles from local beachfront construction certification requirements. These exempted areas are the Mustang Island State Park and the Padre Island National Seashore. The City is requesting State and Federal agencies controlling beachfront property to provide enhanced access and parking facilities. In addition, certain uses and development such as oil and gas exploration and livestock grazing are exempted from the requirements of a dune protection permit, but not a beachfront construction certificate. Shoreline areas experiencing erosion are of particular concern, as any structures located adjacent to these areas will be at the highest risk of damage in the shortest time period. Under rules established by the General Land Office, which are applicable to both beach access and dune protection review procedures, construction in the eroding areas must he responsive to the risk of erosion in the future. An erosion area boundary has been identified through utilizing erosion data provided by the Bureau of Economic Geology. This boundary projects potential erosion 50 years into the future. Additional construction standards will apply within this area. These standards are included within the Dune Protection and Beach Access Regulations. EXISTING BEACH ACCESS Approximately 24.7 miles of public gulf beach is within the city limits and extraterritorial jurisdiction of the City. Currently, seven vehicular roads provide public access to the 14.7 miles of public beach within the Corpus Christi's area of control with 3 additional beach access roads located within State and National parks. An additional 10 miles of beach are in either the exempted areas of the Mustang Island State Park or the Padre Island National Seashore. Beach Access Road # 2 is located approximately one-half mile north of the northern boundary of Mustang Island State Park. This is the only beach access road between the State Park and Beach Access Road # 1, located approximately 7.3 miles north of Beach Access Road #2 and 3.6 miles north of the Port Aransas city limits. All of the remaining ten beach access roads within the City of Corpus Christi's area of control are concentrated within a four-mile area between Beach Access Road #3 and Beach Access Road # 6. This area includes the Seawall and Nueces County's Padre Balli Park and Packery Channel. The Mustang Island State Park entrance road provides the only vehicular access to the two-mile long public beach between Fish Pass and south to the vehicular barrier located 0.3 miles north of Beach Access Road #3. Beach Access Road #3 is located within Mustang Island State Park and approximately 3/4 mile north of the State Park's southern boundary. It provides access to the Mustang~Padre Island A rea Development Plan Draft April 12~ 2004 Page 33 beach between the State Park's vehicular barrier on the north side of Corpus Christi Pass and Zahn Road. Beach Access Road "North", as it is commonly referenced, is located approximately one mile south of the northern boundary of the Padre Island National Seashore. This road provides the only beach access road between Beach Access Road # 6 and the vehicular barrier just south of Access Road "North" at the north end of the National Seashore, a distance of approximately eight miles. A barricaded parking and day-use area exists on a portion of the public beach between Padre Balli Park entrance road and Bob Hall Pier. Vehicular traffic is routed immediately landward of both of these areas. Currently, most of the public beach within the City's jurisdiction is fully accessible to vehicular traffic and public parking on the beach. The only restriction on vehicular traffic and public on-beach parking exist along the Seawall. Public parking is prohibited and vehicular traffic is restricted to one-way southbound along the Seawall because the public beach has eroded to the point that the remaining narrow beach area will not permit safe two-way traffic or parking. POLICY STATEMENT F. 1C.12 .... ,~ ...... acc .......... j ................. ,~ ..... , numc:-m::;The City of Corpus Christi will continue to protect the public's right of access to Gulf Beaches through the Beachfront Construction Certificate process. The purpose of the Beachfront Construction Certificate is to protect public access to gulf beaches as development occurs adjacent to the Gulf Beach. POLICY STATEMENT C.13 Numerous natural and man-made processes have caused significant erosion of the public beaches along the Gulf Coast, including Mustang and Padre Islands.~gurc !2 is an invcnt~ry d' thc Ec4~c4-Accc:;s Sy:;tem If these processes continue, as they are projected to, the public beach may become so narrow that continued vehicular use of the beach might be physically impossible or pose a threat to public safety. Future opportunities for providing public access to the public beach may be seriously diminished as development of private property Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page landward of the public beach occurs. Also, the increased use of public beaches will create conflicts with vehicular and pedestrian movement. The City must achieve, at a minimum, the following policies and objectives: For '~ cq~,~ul~-;"""~"';"~ .mtl~ ..... a ............ ,,h;,..,,~cqy ....... ;~i~ ~...,-~. .............. ~ ............... ; mely ........;l~. ~ Is. ....... ~ ........ t ..... ;~, ~)intsThe City will purchase pedestri~ beach access points and associated parking at approximately one-half mile inte~als. (see Figure 712). ~e primaw funding mechanism for these acquisitions will be State and Federal g~ts, capital improvement pro.turning ~d hotel/motel tax ~B) The City will re.late pedestrian and vehicular beach access, tra~c, and pgking on the beach only in a manner that prese~es or enhances existing public right to use and have access to and from the beach. ~C) The Except for in front of the seawall, the Ciw will not pursue closure of any pogion of the public beach to vehicular traffim without an ove~helming public safety concern. However, protected pedestrian and beach user areas may be provided on the beach, only as considered necessaW for public safeW. The pu~ose of the protected areas is to sep~ate vehicular traffic from pedestrian and beach user areas while also providing through movement of tra~c. ' , ......; .... ffom-{h~ (~Lr~ For *~ .............. of*k;~ 4&~r D~,oL ...... aeh. mile. ~-o~ ..... ~'; .... The City h,.) .......~d;,,~ ; .......... ' ki ' -,.,,,,;A ......... ; ........ ,,; .... .,,a~,, ' ............... ~"' ....... s~ ...... "'~'~'~ Mustang-Padre Island Area Development Plan Draft April 12~ 2004 Page 35 POLICY STATEMENT C.14 The City and State will work together to promote public parking areas in proximity to public beaches. POLICY STATEMENT C.15 The highest priority for provision of beach parking is on existing city land located adjacent to the sea wall for a 300 space parking lot. In order to create a safe day use beach area in front of the sea wall~ traffic will be prohibited once a public parking area is constructed. The public parking area should be of the highest quality design with lush landscaping and palm planting for shade. The parking area and adioining seawall steps will be ADA compliant. Lighting will be ora clean white metal halide type, of'an attractive design (not standard city issue), and at pedestrian scale to avoid light pollution on adiacent properties. These requirements will create a parking area that is functional and an asset to the area. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 76 D. ECONOMIC DEVELOPMENT From the City's economic development perspective, public investment in infrastructure for new development on the islands will have the biggest return on investment compared with anywhere else in the City. Over the last ten years the average sale price of lots has increase by 250%. A water front lot that was selling for $15,000 in 1994 could easily sell for $100,00 or more in 2004. The point to be made on these figures is that almost any investment by the City to make the Islands more attractive, better able to accommodate new growth, etc. will reap large returns in increase property values. Mustang and Padre Islands are one of only a few coastal areas near a metropolitan area that have not already been fully developed. If growth and development of these islands occurs similar to other areas on the east and west coasts then the recent rise in property values is only the beginning, not the end of maior increases in land values. POLICY STATEMENT D.I The City will analyze and pursue alternative means of creating special funds for capital improvements~ public facilities and beach operations/maintenance. These funding mechanisms include bond program funding, hotel motel tax, beach parking fees, grants, tax increment financing, and other local, state or federal programs. POLICY STATEMENT D.2 Capital improvement proiects located in or serving areas in the Padre Island Tax Increment Financing District (PITIF) are of the highest priority. Capital improvements that support development in the P1TIF District will generate tax increment dollars that must be spent on public improvements in the district. PACKERY CHANNEL THIS SECTION HAS BEEN MOVED FROM ITS OWN SECTION G PACKERY CHANNEL TO BE COMBINED WITH SECTION C. ECONOMIC DEVELOPMENT PURPOSE AND SCOPE The purpose of this section is to express the intent and policies of the City in regard to Packery Channel and related issues. ~4T~s polenlinl ~r-~,la~l .:crUnCh:it c!e'eek~pmen+~t~q~e !t~ca$ etom)mv Tile 4~cry r~.. 4 '-'"'-'" [,eneyFlt!; in [~Th~' Mustang-Padre Island Area Development Plan Dra[t April 12, 2004 Page 37 d~es~.m~as: Accordin~ Ihe t ~mmmc~ta~4ml~c4 ~talement Wepm'ed by Ihe [~-~A(|~,, ~his conclusion is ~upporfed ~..The Proiect consists of construction of a navigable channel between the Lacuna Madre and the Gulf of Mexico across North Padre Island, referred to as Packerv Channel. This 30 million dollar proiect is funded by both the Federal Government ($20 million), the State (General Land Office Grant of $1.3 million) and the City of Corpus Christi ($8.3 million). The local share of' the this project is financed by the Padre Island Tax Increment Financin~ District (PITIF) established for a 20 year period in 20001. (See Figure 15) The PIT1F District is a means of allocating a portion of the property tax revenue collected from the district to pay for new public improvements in the district. The PITIF District does not create a new tax or additional tax burden for the property owner however, a tax increment district is intended to encourage or facilitate private investments and to raise the value of property in the district. The Packe~ Channel Pro~ect has several pu~oses including: A) Providing a convenient recreational water passage to the Gulf of Mexico from North Padre Island; B) Providing a source of sand for the initial beach renourishment in front of the sea wall and c) periodic beach renourishment every five years in combination with the maintenance dredging of the Packery Channel. Providing an additional attraction for the economic development of North Padre Island. The Pr ect consists of v;~::; ....... ~ as~t~ ..................... qn4~ ElS. The ~;u-4e~;tc~d Project con:J',:~:; of dredging a 12-foot deep by 122-foot wide channel (280-foot span crest to crest of shoreline armoring) to connect the existing Packery Channel to the Gulf of Mexico and dredging the existing channel to a depth of-7 feet (mean sea level) and a width of 80 feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet. Approximately 967,500 cubic yards of material will be dredged during construction, most of which will be placed on the beach south of Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 38 the proposed jetties. Sandy maintenance material from the channel east of the SH 361 Bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrifl side of the jetties. Approximately 15,000 cubic yards of estimated maintenance dredging every 5 years will be placed in a confined upland site. A 1997 !!$(3A ~4y-pr~lectsEnvironmental Impact Study required for the proiect indicates that the project will positively impact, both directly and indirectly, the local job market._ The study finds that by 2018, the project will have produced some 3,500 new jobs._ The new employment will provide an additional $13.8 million in annual wages to the area's economy. ~ I I~(,A~45 ....... ~,, ,,j .......... In addition, the new Packery Channel will ~'esu4Vi~is estimated to add an additional $42 million spent by visitors to the area by 2008. That figure increases to $89 million by 2023. thc :~,~-~;oall, 4~+ tmdevclapcd area:;. Figure 15: Padre Island Tax Increment Financing District POLICY STATEMENT C. 1D.3 The City will vigorously support and encourage the development and improvement of Packery Channel for the purpose of providing a recreational boat pass and enhanced water exchange to the Laguna Madre from the Gulf of Mexico (See Figure 4~314). The project will provide greatly improved recreational facilities, economic development potential on adjacent public and private lands and will re-nourish adjacent Gulf Beaches. The Packery Channel Project, when completed, will provide a world-class multipurpose development unique to the Texas Coast with the potential to attract tourists from all over the state and nation. The project is consistent with John F. Kennedy Causeway Recreation Area Master Plan Study adopted by the Texas General Land Office in 1990. Figure 16: Packery Channel Proiect POLICY STATEMENT G, 1D.4 State land, leased by the City, on either side of the Packery Channel must be developed in a manner consistent with Dune Protection and Beach Access Regulations and in accordance with the Texas General Land Office. A major goal for thc City will be to provide a world-class Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 39 public recreational opportunity for the visiting public and citizens of Corpus Christi and to achieve a combination of recreational and tourist-oriented economic development. POLICY STATEMENT (;~,D.5 Private~and le, cated-no:'!h and Promote the most intensive tourist oriented development east of S.P.I.D. and between Whitecap Boulevard and Zahn Road by providin~ public and private amenities to make the area more attractive and "people friendly". These amenities should support a multimodal transportation system (pedestrian~ bicycle, vehicular and water transit), and uniquely attractive developments~ both public and private~ with facilities using the highest quality design and materials. POLICY STATEMENT D.6 Private land located south of the Packery Channel must be developed with a mix of high- density/intensity tourist oriented commercial and residential activities~ (See Future Land Use Map). Development standards for ............. ~thls area wdl be of a very high order requiring abundant landscaping, a consistent urban design theme and public improvements that exceed ~nand: POLICY STATEMENT G.4D.7 A navigable connection between Packcry (~a::ne! ami-Lake Padre and Padre Isles is considered a priority~ for private development. Such a connection will facilitate the development of a future marina capable of accommodating sailing and power vessels and will provide sufficient water access to Lake Padre residents and business owners. Any f~t',:re :;freer e~ H. CAP!TAL IMPROVEMENTS Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 40 PI. AN II/FI~JTIF[[~[I CAPITAL IMPRC"VEMrNT N['['r~c u ~ Public ~ -- ~$~-~g ........ ~ .......... .,~., ~dinE. ADA ' ........ ~; ........... ~.~;,. mm,;,. ~., : ........ u; ......k.,.~ ..... ~. ~.,,.,~ ......... , ~ .......... a ...... g,-~a[~,7 hand ....... .......... ~ td ~n~-~lt~reqo~,,m ................. mid ,,,~4 d~ ....... , .... -~o~ramps ~ ~'l ~ .......... u, , Mustang-Padre Island Area Development Plan Draft Apri112, 2004 Page 41 (Truis~ Sl~.d Lake Padre. Such-*m improvement ,e,,ou!&-improve-4he water quality-a~d Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 42 E. PUBLIC SERVICES PARKS & RECREATION POLICY STATEMENT E.I Gulf of Mexico beaches are the region's number one tourist attractions~ and will be maintained in a manner that minimizes any damage to the sensitive beach / dune ecosystem. Beach operations headquarters and equipment storage facilities are needed in close proximity to the beach. The City will investigate additional funding mechanisms for these facilities and to ensure sufficient personnel and equipment are available for this important program. Possible additional or expanded funding options may include: A) Increases in the current fee and pemfit system; B) Federal and State grants; C) Hotel Motel taxes; D) Special districts; E) Creation of day-use areas that require an entry fee. In addition, the City will continually seek to use "best management practices" for beach maintenance through continuous dialog with the General Land Office and other beach communities. POLICY STATEMENT E.2 The City will investigate amending the park dedication requirement in the Platting Ordinance to allow full credit for private parks. In addition, the City, in cooperation with the Count,/, will pursue improvement of existing County Parks to eliminate duplication of park services and to most efficiently utilize land on the island. This will help improve the delivery of park services and ensure the adequate development of parks. POLICY STATEMENT E.3 The City will develop a Specific Beach Utilization Master Plan for all gulf beaches, Packery Channel and shoreline areas adiacent to the Laguna Madre / Corpus Christi Bay. Development of the plan ~vill include a public participation process designed to obtain input from island property owners and residents, including the several existing Island advocacy groups, as well as citywide input from citizens. The plan should include recreational improvements to be placed on either side of Packery Channel, the need for ADA accessibility on all improvements, compliance with FEMA flood elevation requirements and the City and Counties beach dune rules. POLICY STATEMENT E.4 The City will develop one or more festival sites on the island for large special events, i.e. spring break, music concerts, sand sculpture competitions, etc. Festival facility improvements are intended to make the Corpus Christi gulf coast the premier location for hosting special beach events on the Texas gulf coast. Festival site facilities and locations may be development as joint ventures with the County, State or with private property owners. Mustang-Padre Islaud A rea Development Platt Draft April 12, 2004 Page 43 POLICY STATEMENT E.5 The City will pursue additional public boat ramps and parking for access to the Laguna Madre and Corpus Christi Bay. Joint public private agreements between the County, the Padre Island Property Owners Association, the state or other entities could facilitate this objective and reduce overall costs. Potential sites for consideration should include: land adjacent to the City's Wastewater Treatment Plant; existing park locations; conversion of private boat ramps to public ramps; Packer,/Channel; State Park; Wilson's Cut, the JFK Village, etc. POLICY STATEMENT E.6 A high recreational improvement priority of the City is to fully develop existinff parks on the island. These parks include Jackfish, Aquarius~ Commodores~ Billish (Gypsy) and Cobo de Bara Parks. Once improved these parks will be regularly maintained to the City's high standard of park maintenance. POLICY STATEMENT E. 7 The City will purse development of a multi-purpose meeting facility as a place for resident public functions~ senior citizen activities~ and other public/recreational functions. If land on existing city parks is not suitable the City should consider a joint agreement with the County on county park land in the ama. PUBLIC SAFETY POLICY STATEMENT E.8 Investigate development of an additional fire and police station on the island. The City will undertake studies to determine if additional public safety stations will be needed to serve Padre Island. The study should assume full development of the large vacant tracts located at the southern edge of the City near Sea Pines Drive and in Kleberg County. POLICY STATEMENT E.9 As rapid land and population growth occurs on the islands the City will continue to maintain a high level of public safety service. In addition, the City will keep statistics on the number of crimes where the criminal element uses the canal system for access or escape. Currently, the number of crimes that have occurred with access/escape from the water areas is not known but it is believed that there is not a problem of sufficient magnitude to warrant a water patrol. Monitoring of this concern will allow the City to identify trends and determine when a water patrol might be necessary. POLICY STATEMENT E.10 The City will pursue an inter-local agreement with Kleberg County regardine policin~ of the beach between the city limit line and the National Seashore. The distance between this stretch of beach and Kingsville, where the Kleberg County Seat is located, is a deterrent to Mustang-Padre Island Area Development Plan Draft April 12~ 2004 Page 44 proactive law enforcement efforts. The public safety would be well served by enhanced law enforcement presence. STREETS I'4~c r,~,. ............ *.;ill r.,.,,~ Bicycle POLICY STATEMENT E.11 Establish a short, medium and long term schedule for street resurfacin~ of all existing streets on the island. Cu~entlY, high priorities for street resurfacing are collector Streets se~ing Padre Isles Subdivision and the seawall area. These streets include: Whitecap Boulevard, Commodores Drive, Sea Pines, Encantada Avenue, Windward Drive, and Leeward Drive. STORMWATER SYSTEM POLICY STATEMENT E.12 Development of a Stormwater Master Plan for Mustang Island is a high priority for supporting new development. A key element of any new development is the manner in which the property will efficiently and effectively drain; tie into an overall storm drainage system; and, Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 45 most importantly, not drain or damage down stream properties. Stormwater drainage master for Mustang Island. Currently, there is not a WATER AND WASTEWATER SYSTEMS POLICY STATEMENT E.13 The City will continue to place a high priority on providing an adequate supply of water to the island to support rapid growth. The City will continue to explore conventional and innovative methods of supply including: extension of additional water transmission lines; aquifer storage and recovery; desalinization, etc. POLICY STATEMENT E.14 The City will support and facilitate the creation of a public improvement district to provide unpaved streets, water and wastewater and other public infrastructure improvements in portions of the area not adequately supported by existing public infrastructure. For example, many of the vacant lots (known as "A" and "B" Lots) along S.P.I.D. and Palmira Streets do not have both water and wastewater lines. The City would finance such improvements and assess the costs in an equitable manner among district property owners in accordance with Chapter 372 of the Texas Local Government Code. POLICY STATEMENT E.15 The City will continue to reuse effluent from the Whitecap Wastewater Treatment Plant to benefit the islands as a source of water for landscaping at the Padre Isles Golf Course. As more effluent becomes available the City should also use the effluent for landscaping in public rights-of-way or for additional golf courses. POLICY STATEMENT E.16 The City will continue to work closely with Nueces County Water Improvement District No. 4 in the future to identify issues and ensure adequate provision of water and wastewater services to the District's service area. The area south of Mustang Island State Park receives all services from the City of Corpus Christi. District No. 4 provides water and wastewater services to the State Park and areas north of the State Park, with the City providing all other services. This arrangement will continue for the foreseeable future. This will include: A) Creation of joint/compatible development standards between City and District No. 4; and B) Provision of adequate and reliable water and wastewater services to all area property owners. POLICY STATEMENT E.17 The City encourages Nueces County Water Control and Improvement District #4 to continue to purse construction of a mid-Mustang Island wastewater treatment plant to accommodate future ~rowth. A new wastewater treatment plant will eventually be needed to provide sufficient capacity for full development of Mustang Island. The District has secured property for a future wastewater treatment plant immediately north of Corpus Christi City limits and west of State Highway 361. Mustang-Padre Island ,4rea Development Plan Draft April 12, 2004 Page 46 F. CAPITAL IMPROVEMENTS The purpose of this chapter is to outline the capital improvements needs as identified in the Mustang-Padre Area Development Plan. The proiect list below should be used to provide plan input into the City's Annual Capital Budget and Long Range Capital Improvement Program. POLICY STATEMENT F.1 Establish continuous funding sources and foster multiple partnerships for on~oin~ cal~ital improvements on the islands. Funding mechanisms include tax increment financing, public improvement district, tax abatement/credits, or similar mechanisms. Multiple partnerships should include the RTA, Nueces County, MPO, and impacted private organizations. Care must be taken to insure that funding is reserved only for those proiects that create a measurable increase in tourism and not merely a shift in the current local participation patterus. Following the adoption of the Area Development Plant Staff will incorporate the Plan capital improvements into the overall citywide Capital Improvement Program in keeping with the overall prioritization and funding available at the time. PARK AND RECREATION Short Term Improvement POLICY STATEMENT F.2 A Specific Beach Utilization Master Plan for all gulf beaches~ Packer¥ Channel and shoreline areas adiacent to the Laguna Madre / Corpus Christi Bag. Elements to be included in the plan will include: A) Facilities such as bathhouses, showers, pavilions, restrooms, etc.; B) Access facilities beach access roads, day use areas, public parking and dune walkovers etc.; C) Boat ramps and/or portage areas; D) Shade structures and pavilions; E) Beach maintenance and operations facilities; F) Festival facilities; and G) Other associated recreational facilities. POLICY STATEMENT F.3 Seawall public access improvements. Design obiectives must include: A) Construction of public parking on city land adiacent to the seawall which satisfies public beach access requirements of state law; B) Creation of an ADA compliant pedestrian promenade on the seawall adiacent to the public parking area. Additional improvements should include restrooms, lush landscaping, lifeguard staging / headquarters, public lighting, hand railing, shade structures, concessions, etc. Note: Resolution of issues pertaining to public liability for placement of public Mustang-Padre Island Area Development Plan Draft April 12~ 2004 Page 47 improvements on the privately owned sea wall must first be resolved prior to implementation of the seawall projects. POLICY STATEMENT F.4 Design obiectives for Packer¥ Channel Recreational Improvements will include: A) Creation of infrastructure, roadways, parking and pavilions, etc. to support small to mid- sized special events / festivals; B) Concessions; C) Bath houses and restrooms on both sides of the channel: D) Boat ramps and associated parking; E) Public fishing facilities and parking; F) Beach maintenance operations facilities; G) Create observation areas and nature trails in CounW owned Packer/Channel Park; H) Pedestrian access to the Packery Channel to support viewing of natural habitat areas i.e., Mollie BeatW preserve, etc. Medium Term Improvement POLICY STATEMENT F.5 Public Boat Ramps on Padre and Mustang Island to facilitate public access to the Laguna Madre and Corpus Christi Bay. POLICY STATEMENT F.6 Commodores Park Improvements. (Funding would come from development fees collected during development of the Commodores Cove Subdivision.) PUBLIC HEALTH AND SAFETY STREETS Short Term Improvements POLICY STATEMENT F.7 Facilitate pedestrian and bicycle access along S.P.I.D. with the highest priority intersections of Commodores Drive and Whitecap Boulevard. The aim is to make these intersections and roadways safer for alternative modes of transportation. Such improvements may include: A) Pedestrian-friendly intersections - pedestrian activated signals, safe havens on medians; B) Joint sidewalks and bicycle lanes. POLICY STATEMENT F.8 Intersection alignment improvements to Encantada and S.P.I.D.. The current configuration is confusing and creates an unsafe point of conflict, particularly for motorists attempting to turn left on to S.P.I.D. from Encantada Avenue. POLICY STATEMENT F.9 Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 48 Improve Sand Dollar {portions that have not been closed)~ Tortugas~ Palmira and other dedicated but unimproved streets. POLICY STATEMENT F.10 Installation of landscaping on S.P.I.D. and State Highway 361. Funding may come from TxDOT~ the City~ private sources or grants. Medium Term Improvements POLICY STATEMENT F.11 Landscaping and pedestrian / bicycle improvements and facilities should be constructed in the public rights-of-way on maior streets including Commodores~ Whitecap, Encantada~ Aquarius, Gypsy, Windward~ Leeward, Zahn, and Sea Pines. Funding may come from the City, private sources or state/federal grants. POLICY STATEMENT F.12 Use local funds as match for Texas General Land Office Grant funding to purchase property for four pedestrian access and parking areas. POLICY STATEMENT F.13 In order to take advantage of elevation improvements to the JFK Causeway and to accommodate emergency access off the Islands, the City will work with TxDOT to elevate existing ma[or intersections to an elevation equal to the average elevation of State Highway 361. Mustang-Padre Island A rea Development Plan Draft April 12~ 2004 Pa,ge 49 POLICY STATEMENT F.14 Use local monies (bond pro~ram, sale tax~ RTA~ etc.) to leverage state funding for improvement of access roads to serve the "Village" Area at the entrance to Padre Island at the JFK Causeway Bridge. STORMWATER Lq:am:el:;. and .................. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e ¢0 A DDI~Ji~I¥ A ~/! ! T~T A ~/~Jl 1~[21t/Fl I'~DN,IUNJT DI ANT L'~,,,,.a ..azmd ek ..... Much ....... c~ .......... The Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Page 51 Urban Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 52 the vi:;ual q~ty o~[nc development along tlc JFK Causeway A:-ea~oullhmd fu:-thc:- :::'bun Mustang-Padre Islaud A rea Development Platt Dr[It April 12, 2004 Page 53 ~Vaslewat~r \Vhat4s the fmure · ' Tull Ibc rc q u i r cd 4 n l'ra,,;tr~e'a.'c:) 0'~ ........ 4tl~e~ Ibc k ......... ,,,,~ c.,,~,o ""'t ............ ,~,,,,,. , ....... ,,. c ,sm~...g6l ..................... Thc . ............... m ............... ........ t ................................ east ~;ide of SH lz .....,.,,.., ...... ~mt .... ,,..~ ....... -g~rid ,,:,,,on ol'arleriah; is not ..... ....... y-~ '* ........ practical, create a para4ie4 c~dk:ctc:r<;y:;ten: to State tligh':,ay 361 and txn'king h~, :;houk4 l*e -~.~-,t .... m a ma ...... :,.,.,, tc~ ~,,.,,.~." ..... ihe 'i ~h '' e Mustang-Padre Island Area Development Platt Draft April 12, 2004 Page upon ~pment. Cun'm~y ~0 to lO0 l~e~fi' re:;e~4o~r dedicati~m is required by 1~m rc:n;~ining bcac~;;ccc'.;:; poims *cqui:'cd by the U~~-t~:tion PkmV .... Ils Thc ~,,,m' suseeM~d "'~'~; ~ .... gct,,e,:m4 ' . .... h,.1.,d,~ ......... ~'"' t~C~ ~Ot:ld ~C .... ~U ......... ; ~,> .......... 4-, ......... Wcrc toc;t~'~.,,,"" ,S!! _,~{-~,, duc to ,i....,,~ hJ~h ~¢affic '.o~ and .u,~--,,,.~" Would f'c,, I ,D"";'""'>,..j.-.-.. J-~m~-N Mustang-Padre Island Area Development Plan Draft April 12~ 2004 Page 55 ~lio:~ r~ciui:'emem ~:~S the ) ' .................... ~.~tlvis~ ............ e, evaJui~ .......... ~, Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 56 Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 57 A DDiT~ NII~I~' t'~ /~A DITAI I~/IDD/~X/I~N/II~N~T Short Term Improvement POLICY STATEMENT F.15 Development of a Stormwater Master Plan for Mustang Island. ~b~:e,n ~n n,!t~s~m~ ~,.[,~,~,4 ~., c~l~,.~.~ and ..... JFK (~uscw~vWATER AND WASTEWAT~R ....... 4.(:m ........ ; Short Term Improvements: T,, r; '. ....... ~(~~.......'., .., ~.. ~..~.,..... ~'~H ~'"" ,~}c, ~,.,~,i ..~,,,~,,~,A ........ 4 ,.;,4"" ............. ~ .... ~tion ~th ~. t ...... ~ ........ ~ Is m., fi~:'ce ma:n~ as<eqat:-~d~ ~ c(mq~ly ~'it5 ....... and ...... ............... ~m Trw ~.~,~ ........ amp .............. ~, ........ POLICY STATEMENT F.16 Mustang-Padre Island Area Development Platt Draft April 12, 2004 Page 58 Southside water transmission line extension. ~,':::thsKd'.~ ',m.':' Tr'an~';:nissi,';:: Main. Pkas'c 7: Thc ]a:;FJcg oF4:':m:;mi:;:;ie,:~ mare sc~lion~>f{hcjm~{ ~-pae¢of{he-desig~ contract-t}~r g~ment ,5 (Pha:;c:;2 2a t~t ~ pendmg-O~e resu]B~trthe des~flinal4o~ POLICY STATEMENT F.17 Establish a public improvement district to finance construction of wastewater service lines to platted properties alon~ S.P.I.D.. A public improvement district would establish a cost sharifig mechanism between the City and property owners. Mustang-Padre Island ~lrea Development Plan Draft April 12~ 2004 Page 59 G. PLAN IMPLEMENTATION .... a .......... Force ........... ~m-d~lgcd fill behind aml~e{q)~ ~,.,,,,~,,,,,n During the fom~ation of this Plan, staff found that there are many ve~ active and energetic organizations that exist on the island. Many of these organizations have diverse interests in the island but the common thread between all of the organizations is that they are all ve~ interested in the island's future development. Some of these ~roups include the Padre Island Prope~y Owners Association, the Padre Island Business Association, the Sea Wall Association, many condominium associations, County Club, and others. Policy Statement 1.1 is a recommendation to these organizations that they form a unified group or "Coalition" in the interest of coming to consensus on community issues and becoming a stronger an even stronger advocacy group on island issues. POLICY STATEMENT G.I This Plan constitutes the primary guide for the development and redevelopment of the Mustang-Padre Island Area. The Plan provides the overall basis for which the City makes determinations concerning zoning, capital improvement projects and programs such as street improvements, park and marina improvements, and infrastructure improvements, and to a somewhat lesser degree building code issues. POLICY STATEMENT G.2 A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located Mustang-Padre Island Area Developmeut Plan Draft April 12, 2004 Page 60 within the Mustang-Padre Island area, professional architects and engineers, commercial realtors, at-large citizens ~vho have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g. Watershorc, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The highest priority proiects for the Strategic Action Committee include: kVA'I'~R ~; .............................. Pkases4)~& 7:cC'-; ........ : ...... ;.~t,,.~ ......................... t?, Mustang-Padre Island Area Development Plan projects to be recommended for inclusion in the next City Bond Program; Implementation of sustainable new or additional funding sources for the Mustang-Padre Island Area, i.e., Tax Increment Financing District, Public Improvement District, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of the Mustang-Padre Island Area Plan; Annual input into the CiW's Capital Improvements Program. State legislation pe~aining to Island concerns; Other appropriate areas of concern. APPENDIX A: JFK VILLAGE MASTER PLAN Mustang Padre Island Area Development Plan An element of the Corpus Christi Comprehensive Plan 1 �i� .{�,��� .J��f�®l �:'r�iifl��79le � ®. ;�0 ®i(•l14?'1� :�"lJi Alr calif(,; pI a 1al C ia7dle��i� ;sit -� a alai K� i�YYo� �:'�,�[oA l9f �iD !�✓ Jo,r�J�i,ir�r10�: 'vC@I:l" r 'a{�yy �Cc3i1( %1�iCvlieCml� 3y(r'a�ta IiIy�Y;?�� ��d(ol�lto �Tc'at�zl�Jfa(I�,�, du1w��C�a�� u]e ilr-isl�la- zz -. J -`list r:)yfi:oy rw:mri,e�.fej� f;�ala)ii7 �: :fid{�'iln(a,iC k�, :19(iAl' - a'r3kl'7('.i�� r� �liid�c CORPUS CHRISTi BAY GULF OF MEXICo Mustang Padre Island Area Development Plan An element of the Corpus Christi Comprehensive Plan Mustang-Padre Island Area Development Plan City Council Second Reading April 20, 2004 Attachment VIII Attachment VIII: Revised Draft Mustang-Padre Island Area Development Plan DEPARTMENT OF DEVELOPMENT SERVICES MUSTANG-PADRE AREA DEVELOPMENT PLAN Adopted by City Council Ordinance , April 20, 2004 The preparation of this document was financed in part by a Community Development Block Grant from the United States Department of Housing and Urban Development and a Metropolitan Planning Organization grant from the Federal Highway Administration. Corpus Christi City Council 2004 Mayor Loyd Neal Brent Chesney Bill Kelly Mark Scott At Large District 1 District 4 Henry Garrett Javier Colmenero Rex Kinnison At Large District 2 District 5 Melody Cooper Jessie Noyola At Large District 3 Shirley Mims, Vice chair Robert Zamora Corpus Christi Planning Commission David Bcrlanga, Chairman Elizabeth Cha Richter Eloy Sala~ar Richard Smith Bryan Stone Neill F. Amsler Michael Pusley South Central Area Development Plan February 17, 2004 Page i Staff wouM like to thank the following citizens for their participation in the Mustang Padre Island Area Development Plan: Mustang Padre Island Stakeholders Group Ray Allen Carl Badalich Gladys Choyke Carolyn Dorsey Garrett Dorsey Kathy Griffith John Michael Cindy Molnar Jack Ponton Jack Rush Richard Smith Vernetta Sorrells Pat Suter Jim Urban Moe Walker Ro Wickham Citizens Planning Committee Bill Fennell, Chair Alexa Blair Infrastructure Committee: Jerry Choyke John Fisher Scott Blair Bill Robson Arlene Minar Irma Herrera Land Use and Zoning Committee: Klm Erwin, Co-Chair Carol Chandler, Co-Chair Guy Davis Charlie Mader Jimmy Johnston Dr. Bob Walters Quality of Life & Economic Development Committee: Bill Goin, Chair Gladys Choyke Mandy Byrd Carol Badalich Kathy Sparks Jeff Frahm Other Contributors: John Trice Molly Trice Significant contributions to development of this Plan were also made by: Paul Schexnailder, President, Asset Development Corporation Larry Urban, Urban Engineering South Central Area Development Plan February 17, 2004 Page ii South Central Area Development Plan February 17, 2004 Page iii Table of Contents PLAN MISSION STATEMENT .................................................................................................................................. IV INTRODUCTION ........................................................................................................................................................... l A. ENVIRONMENT ....................................................................................................................................................... 9 B. LAND USE ............................................................................................................................................................... 16 C. TRANSPORTATION ............................................................................................................................................... 28 D. ECONOMIC DEVELOPMENT .............................................................................................................................. 38 E. PUBLIC SERVICES ................................................................................................................................................ 43 F. CAPITAL IMPROVEMENTS ................................................................................................................................. 47 G. PLAN IMPLEMENTATION ................................................................................................................................... 51 APPENDIX A: JFK VILLAGE MASTER PLAN ........................................................................................................ 52 APPENDIX B: VISTA DEL MAR ............................................................................................................................... 53 Figures FIGURE 1: PLAN BOUNDARIES ................................................................................................................................ 2 FIGURE 2: CORPUS CHRISTI POPULATION ............................................................................................................ 4 FIGURE 3: MUSTANG-PADRE ISLAND POPULATION .......................................................................................... 4 FIGURE 4: PADRE ISLAND EXISTING LAND USE ................................................................................................. 6 FIGURE 5: MUSTANG ISLAND EXISTING LAND USE ..........................................................................................7 DUNE PROTECTION .................................................................................................................................................. 11 FIGURE 6: DUNE PROTECTION AND BEACHFRONT CONSTRUCTION AREAS ............................................ 15 FIGURE 7: PADRE ISLAND FUTURE LAND USE .................................................................................................. 17 FIGURE 8: MUSTANG ISLAND FUTURE LAND USE ........................................................................................... 18 FIGURE 9: INTERSECTION LANDSCAPING CONCEPT ....................................................................................... 20 FIGURE 10: GATEWAYS AND SCENIC CORRIDORS ........................................................................................... 22 FIGURE 11: PADRE ISLAND TRANSPORTATION PLAN ..................................................................................... 29 FIGURE 12: MUSTANG ISLAND TRANSPORTATION PLAN .............................................................................. 30 FIGURE 13: PARK ROAD CONCEPTUAL CROSS SECTION ................................................................................ 31 FIGURE 14: HIKE AND BIKE TRAIL PLAN ............................................................................................................ 33 FIGURE 15: PADRE ISLAND TAX INCREMENT FINANCING DISTRICT .......................................................... 40 FIGURE 16: PACKERY CHANNEL PROJECT ......................................................................................................... 41 Tables TABLE 1: EXISTING LAND USE ................................................................................................................................ 8 TABLE 2: FUTURE LAND USE ................................................................................................................................. 19 Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page iv PLAN MISSION STATEMENT The ultimate goal of this plan is to assist in transforming the Mustang-Padre Island area into a world-renowned tourist, resort and residential community. The City will encourage the highest development standards within the area's boundaries to create a unique "sense of place." Economic · development will be tempered with environmental sensitivity to the significant coastal natural resources on the Islands. Growth will be tempered with common sense. Residential concerns will be tempered with tourism and business concerns. The area plays a vital role in the citywide and regional economies. The City recognizes this and commits to doing its part to ensure the long-term success of Mustang-Padre Island. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 1 Mustang-Padre Island Area Development Plan INTRODUCTION The City of Corpus Christi envisions Mustang-Padre Island as a regional, national, and international resort destination. The recreational amenities, leisure and resort £acilities, and residential communities will be among the finest along the entire Gulf Coast. Moreover, the recreational opportunities will appeal to a broad socioeconomic range of clientele, allowing all to enjoy what Mustang-Padre Island has to offer. Whether for sport fishing, beach combing, windsurfing or rest and relaxation, visitors will want to return again and again. The character of the residential neighborhoods will a/tract new residents who appreciate what the area has to offer. Visitors and residents alike will come to appreciate the unique sense of place created through requiring the highest quality of development. This vision will make Mustang-Padre Island a preeminent destination of the Gulf Coast and a brilliant asset to our sparkling city. The City Charter mandates the Corpus Christi Comprehensive Plan. The Charter requires the City Council to" . .. establish comprehensive planning as a continuous governmental function to guide, regulate, and manage future development . . ." and that" . . . all city improvements, ordinances, and regulations shall be consistent with the Comprehensive Plan . . . ". The Comprehensive Plan is comprised of various plan elements such as Policy Statements, Area Development Plans (ADP's), Capital Improvement Programs, and Master Utility Plans. The comprehensive planning process is a means for citizens and community leaders to guide community development. The Comprehensive Plan, by definition, is general, long range, and broad in scope. Its purpose is to guide the City in policy formulation and in the implementation of strategies related to population, housing, environment, land use, transportation, annexation, economic development and public services. As part of the planning process, planning staff developed the Mustang-Padre Island Area Development Plan Issues Report based upon the input of the Mustang-Padre Island Stakeholders Group. This document was used to identify the important issues related to the ADP. Mustang-Padre lsland ~lrea Development Plan Draft April 12, 2004 Page 2 Figure 1: Plan Boundaries Corpus Christi Bay North Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 3 The Mustang-Padre Island Area is located in the easternmost part of the City, offshore from the mainland. The Plan area is bounded by Port Aransas on the north, the Gulf of Mexico on the east, Padre Island National Seashore on the south and the Laguna Madre and Corpus Christi Bay to the west. The area also includes the John F. Kennedy Causeway. (See Figure 1 - Boundary Map.) The principle objectives of this plan are as follows: 1) To recognize the unique characteristics of this area and establish policies for development standards that may not apply citywide. 2) To recognize the regional economic significance of this area and develop policies that advocate responsible economic development strategies. 3) To propose techniques or methods by which the environmentally sensitive areas must be preserved and/or developed with minimal adverse impacts. 4) To propose appropriate land uses and a corresponding transportation network to serve future land uses and public access to the Gulf beaches. 5) To facilitate infrastructure planning through a reasonable estimate of future land use. DEMOGRAPHIC CHARACTERISTICS (u.s. ceasus Bureau, 2000 Census) POPULATION This area is the one of the highest growth areas within the City's jurisdiction. Figures 2 and 3 illustrate population growth in Corpus Christi as a whole and within the Mustang-Padre Island Area. These figures include actual census counts from 1970 - 2000 and projections through 2050. Area population growth is dependent upon land availability and density of development. Being an island, with significant amounts of natural resources, land availability is limited. The ultimate population and growth will depend upon the factors discussed within this Area Development Plan (ADP). It is important to note that the projection figures are estimates and should be used for long- range planning purposes only. A comparison of Figures 2 and 3 indicates that the growth trend within this area is projected to continue outpacing that of the City as a whole through 2050. With the construction of Packery Channel, development is expected to rise sharply through the next 20 - 30 years and then plateau. At that point, land availability will likely become a limiting factor and area population should stabilize in the vicinity of 50,000. The bulk of the future growth will occur in the areas comprised of Commodore's Cove Unit II, Cape Summer Unit I, Cape Summer Unit II, Lake Padre, Packery Channel, from the Kleberg County Line to the existing city limits and the Gulf beaches of Mustang Island, north of Mustang Island State Park. The demographic makeup of the Mustang-Padre Island Area is not consistent with that of Corpus Christi. Within the area, about 70% of the population is in the 21 - 64 year age group. Meanwhile, the City has about 56% of the population in the same age group. The 0 - 20 year age group makes up about 16% of the Mustang-Padre population, as compared to about 33% for Corpus Christi's population. This is indicative of the area's status as a resort community. The bulk of the population is working age adults, with fewer children than the remainder of the City. Also, there is a slightly higher rate of retirement age (65+) individuals within the area (14%) than the rest of the City (11%). The proportion of married couples with children citywide is about 49%. Meanwhile, within the area, only about 27% of married couples have children. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 4 Figure 2: Corpus Christi Population Figure 3: Mustang-Padre Island Population Mustang-Padre Island/~rea Development Plan Draft April 12, 2004 Pa~e 5 EDUCATION Educational attainment for individuals age 25 and over differs greatly between the area and Corpus Christi. Citywide, about 24% lack a high school diploma or equivalent. That statistic is about 5% for the area. About 45% of Mustang-Padre residents have a bachelor's degree or higher, with 77% having at least some college. In contrast, only about 20% of Corpus Christi residents have a bachelor's degree or higher, with 51% having at least some college. INCOME Median income in the area is significantly higher and the poverty is significantly lower than the remainder of the City. The median household income in Mustang-Padre 'is about $60,200, while that of Corpus Christi is about $36,400. Also, less than 5.5% of households in the area live below the poverty level, as compared to the City's 17.55%. HOUSING According to the 2000 Census, 8.38% of the total housing units citywide were vacant. For the area, 27.54% of the total housing units were vacant. This is largely due to the preponderance of seasonal housing units in the Mustang-Padre Area. Of the 1,121 vacant housing units in the area, 788 (70.29%) were seasonal units, ' which catered largely to tourists and winter Texans. Citywide, only ~ ' ~ 'i. ~L ~ 15.95% of vacant housing units were seasonal units. There is a significant discrepancy in median home value between Corpus Christi and Mustang- ~ ~ Padre. In fact, there is a large : fluctuation in median home value within the area. The median home value citywide is approximately $72,000. On Mustang Island the median home value is about $154,000, while on Padre Island it is about $216,000. Possible causes for such differences could be property value, age of the housing stock, size of homes or a combination of those factors. CURRENT LAND USE Figures 4 and 5 illustrate the existing land uses on the Island and Table 1 shows land use acreages by category. The total study area contains 31,451 acres. Water area is specifically excluded. The "Park" category includes parks, beaches and other publicly held lands and accounts for about 57% of area land. A large portion of land in the "Vacant" category, an estimated 3,800 acres or 13% of the total area, is wetlands. This illustrates that development is either disallowed or strictly limited in about 70% of the area. Less than 25% of the area's land remains developable, without significant wetlands mitigation. While it is true that wetlands can technically be developed, the mitigation costs oftentimes are economically infeasible. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 6 Figure 4: Padre Island Existing Land Use Mustang-Padre Island ~4rea Development Plan Draft .4pri112, 2004 Pa~e 7 Figure 5: Mustang Island Existing Land Use Mustang-Padre Island ~4rea Development Plan Draft April 12, 2004 Page 8 Table 1: Existing Land Use Low Density Residential Medium Density Residential High Density Residential Mobile Homes Professional Office Commercial Light Industrial Park Public Semi Public Right of Way Water Wetlands 440 1% 84 0% 105 0% 1 0% 4 0% 107 0% 5 0% 16,794 53% 66 0% 754 2% 1,348 4% 4,139 13% 1 0 0 0 0 0 0 26 0 1 2 6 Vacant 7,603 24% 12 Total 31,451 100% 49 Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 9 A. ENVIRONMENT E N V I R O NM E N T Preservation and protection of the Island ecology is critical to the public health, safety, and welfare of the Corpus Christi community and entire region. The Island ecology, including the Gulf beach, dunes complex, and wetlands areas, provides significant benefits to the rest of the region. It is a well-known fact that the Island dunes complex provides the first line of defense to the mainland from hurricane storm surges. The Island wetlands and estuaries provide an aquatic environment to support many species of fish and shellfish for sport and commercial fishing. In addition, the unique beauty and recreational opportunities of the Islands, specifically the beach areas, benefit the local and regional economy significantly. Tourism studies have shown that the Gulf beaches are the number one tourist attraction to the Corpus Christi area by visitors from both inside and outside of the State. In order to balance the need to protect the coastal natural resources of the Islands and to promote economic development on the Islands, the following recommendations are proposed. Some of the recommendations are being implemented by other governmental agencies, i.e.U.S. Army Corps of Engineers, Nueces County, State of Texas, etc. The Plan recommendations are intended to assure City support and are not intended to substitute or establish an overlap or duplication of authority. POLICY STATEMENT A.1 Gulf beaches between mean Iow tide and the line of vegetation must contain no structures or improvements except erosion control measures and limited public recreational structures (life guard towers, fishing/surfing piers, open-air public showers, portable restrooms, traffic control devices, etc.). No paved parking may be constructed on the Gulf beaches seaward of the foredune ridge. However, unpaved parking would still be allowed, where not specifically prohibited. Paved public parking will be located on the backside of the foredunes with dune walkovers providing pedestrian access to the beaches. POLICY STATEMENT A.2 Prior to issuance of any building permit for a site, all requirements of state law with regard to dune protection and beach access must be satisfied. POLICY STATEMENT A.3 Due to the complexity of Island development and the need to protect environmentally sensitive areas, the City will require an interdisciplinary site plan review process for all commercial and multifamily development on the Islands, in conjunction with the issuance of building permits. Mustang-Padre Island ,4rea Development Plan Draft April 12, 2004 Page 10 The site plan review process saves permitting time by assuring a thorough review at the beginning of the project. The site plan will clearly indicate the location of dunes, jurisdictional wetlands, floodplains, public beach easement, etc. in relation to any proposed improvements. The process should include a tum-around time of one week or less within the existing timeframe of building permit issuance (approximately three weeks). The site plan review process will ensure coordination between City Staff and facilitate the "one stop" development concept. In addition to what is already required, site plans within this area must be drawn to scale and must include at least the following (as applicable): A) All requirements of state law with regard to dune protection and beach access must be satisfied with appropriate permit numbers indicated on the site plan and construction limitations indicated on the lot; B) Where available, if previously obtained, an existing preliminary determination of jurisdictional wetlands or a U.S. Army Corps of Engineers jurisdictional wetlands determination provided and appropriate permit references will be indicated on the site plan; C) If a site is subject to architectural design zoning standards, a note regarding the architectural theme of the development and exterior building materials; and D) Shoreline areas must include a state land survey of not less than five years old. POLICY STATEMENT A.4 Mustang and Padre Islands will not be considered for sanitary landfills or other solid waste disposal, except for dredge materials. POLICY STATEMENT A.5 The design and use of naturally regenerating systems for prevention and control of beach erosion are encouraged and preferred over bulkheads and other hard structures and the protection is a reasonable solution to the site where it is proposed. Regenerating systems include, but are not limited to: A) Beach nourishment B) Planting with short-term mechanical assistance, when appropriate C) Any other method consistent with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Pa~e 11 POLICY STATEMENT A.6 Underwater pipelines carrying materials harmful or potentially injurious to aquatic life and/or water quality must be provided with shut off apparatus at each end of the underwater segment. POLICY STATEMENT A.7 The City will encourage the protection of sensitive wildlife habitats and the island environment by considering innovative design techniques, implementation of incentives for developers and allowing higher than typical development density in uplands where practical. It is not the intent of this plan to initiate requirements for protection of non- jurisdictional wetlands. Thc City encourages any developer to voluntarily preserve the existing natural environment by concentrating the total allowed number of units allowed, based on gross acreage (including wetlands) , into a multi-story building or buildings. This "cluster development" results in large setbacks, buffer zones, reduced infrastructure costs and more permanent open space. POLICY STATEMENT A.8 The City will develop a revision to the landscape requirements in the Zoning Ordinance to create an indigenous species and wetlands allowance for landscaping on the barrier islands. New development may incorporate natural wetlands and vegetation to partially satisfy landscape requirements where such features can meet the screening performance criteria. POLICY STATEMENT A.9 Encourage development of an expanded canal system, including a bridge on S.P.I.D., to connect Lake Padre / Packery Channel with the existing Padre Isles Subdivision. The expanded canal system is consistent with proposed developer plans and would benefit Padre Island in several ways as follows: A) Improve canal system water quality in Padre Isles; B) Improve surface drainage along S.P.I.D, i.e. a canal system parallel to SPID could provide outfalls for storm drainage along the roadway; C) Providing a convenient water transportation system for small watercraft between the Padre Isle residential area and future commercial development in Lake Padre/Packery Channel. DUNE PROTECTION INTRODUCTION State law requires all coastal counties (or coastal cities that have been delegated authority by counties) to protect critical dunes and dune vegetation from direct or indirect adverse effects of construction in a critical dune area or seaward of the dune protection line. The sand dunes that lend beauty to the coastal landscape also serve an invaluable practical purpose - they give resilience to the barrier island shoreline. Sand dunes are a coastal community's front line of defense against tropical storms and hurricanes. By absorbing the force of the storm surge, critical sand dunes help prevent inland property loss and the loss of lives. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 12 Protecting critical sand dunes is the least expensive and most efficient defense against storm-surge flooding and beach erosion. Critical sand dunes prevent or delay intrusion of floodwaters into inland areas. Dunes hold sand that replaces eroded beaches after storms and buffer windblown sand and salt spray. This natural defense can be strengthened by increasing the height and stability of existing dunes and by building new ones. The growth of coastal population and the increasing development and recreational use of the barrier islands, threaten the stability of the dune environment. Construction and heavy recreational use of the beaches and dunes contribute to dune deterioration. The vegetation that secures sand is destroyed, sand is lost, and roads, trails and storm runoff breach the dune ridge. Dune damage that results from human activities accelerates the damage caused by the ever- present wind and wave action. Inland areas become more vulnerable to hurricanes and tropical storms when the continuous dune ridge is weakened. Protecting dunes also preserves and enhances the beauty of the coast. To succeed, dune improvement and protection efforts must be undertaken by federal, state, and local government entities. But even more valuable are dune protection efforts by property owners who recognize the value of a viable dune system. DUNE PROTECTION LINE POLICY STATEMENT A.10 The City will continue to enforce dune protection and beachfront construction regulations in Kleberg County and will continue to encourage Nueces County to delegate dune protection authority (also see Policy Statement A.11) to Corpus Christi for areas within the City's jurisdiction. The City has been authorized to establish and enforce dune protection regulations in Kleberg County and has requested such authority from Nueces County. The Dune Protection Line as established by the City of Corpus Christi, in the City's corporate boundaries in Kleberg County will be effective for Nueces County upon delegation. This Dune Protection Line generally coincides with the maximum allowable distance by state law - 1,000 feet landward of mean high tide at the shoreline of the Gulf of Mexico. This line will also coincide with Nueces County's existing Dune Protection Line, which has been in effect since 1973. The Dune Protection and Beachfront Construction area are illustrated in Figure 6. POLICY STATEMENT A.11 The City will continue to pursue delegation of dune permit authority by Nueces County in order to create a single approval authority for dune permitting, beachfront construction certificate and platting. This will facilitate the "one-stop" development process adopted by the City. The current process of obtaining approval of a proposed development requires that the Mustang-Padre Island Area Development Plan Draft April 12, 2004 PaGe 13 County and the City both approve a plan. The submission, presentation and fees are redundant. The current process is a hindrance to economic development within City jurisdiction and gives other cities, like Port Aransas, a competitive advantage in attracting development. Nueces County granted Port Aransas dune protection authority in 1986 and Kleberg County granted the same to Corpus Christi that same year. The City of Corpus Christi maintains that it is at least as qualified to hold such authority. POLICY STATEMENT A.12 Property located landward of the North Padre Island Seawall is exempt from dune protection requirements. The City will continue to support exemption of the Seawall area from dune protection guidelines. Several important factors distinguish the area behind the Seawall from all other areas adjacent to the Gulf of Mexico within Nueces County: A) Sand does not return to the beach; B) Isolated area does not contribute to dunes systems to the north or south; C) The Seawall serves as protection from storm surge and no dunes exist to provide the same protection in this area. D) The area is protected from storm surges by the significant Seawall improvements of the Padre Isles and Lake Padre developments. E) The area between the Seawall and Leeward Drive is completely outside the 100-year floodplain as designated by the Federal Insurance Administration. F) The area landward of Leeward Drive is within flood zones Al3 (elevations 9 or 10 feet above mean sea level): the same flood designations as most of the Padre Isles development. DUNE PROTECTION PERMIT A.13 The Dune Protection Line serves to identify which dunes are "critical dune areas" as defined by state law. Its placement determines what areas within a proposed development require a Dune Protection Permit before construction may begin. The City of Corpus Christi will administer the Dune Protection Permit process for those areas within its city limits and its extraterritorial jurisdiction within Kleberg County. However, in Nueces County, Corpus Christi has not been granted dune protection authority. As such, it is the only city on the Texas Gulf Coast that has not been delegated dune protection authority by its respective county. Because of separate jurisdictional authority, coordination between the City, Nueces County and Kleberg County will be critical to the success of the City's Dune Protection Regulations and its administration. This coordination will ensure that the policies and objectives of the Texas Coastal Management Program will be implemented in an efficient manner. Specifics on the regulatory requirements of the City of Corpus Christi's Dune Protection Permit are contained in the "Dune Protection and Beach Access Regulations" under applicable sections addressing dune protection. Portions of the plan dealing with dune protection include required findings, prohibited activities, and the "mitigation sequence" of development in or near critical dune areas. The mitigation sequence consists of four basic alternatives to dune protection. These four alternatives include Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 14 avoidance, minimization, mitigation, and compensation and are addressed in detail in the Dune Protection and Beach Access Regulations, Chapter 10 of the City Code. POLICY STATEMENT A.14 All pedestrian walkovers will be built over the dunes with ramps in a manner that minimizes cutting through or removal of the dunes in accordance with the Texas GLO guidelines. Such structures must comply with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. Mustang-Padre Island Area Development Platt Draft April 12, 2004 Pa~e 15 Figure 6: Dune Protection and Beachfront Construction Areas Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 16 B. LAND USE OVERALL LAND USE PLAN POLICY STATEMENTS L PLAN STATEMENT B.1 A The City Council, hereby, adopts Figures 7 and 8 as the guide for future land use decisions. The intent of the future land use plan is to support environmentally sound, N high-density tourist related growth, medium-density mixed uses and residential land use on the lslands. The plan provides for a compatible configuration of activities with D emphasis on the protection of residential activities from incompatible activities, the placement of commercial activities at locations with good access and high visibility, and the identification of environmentally sensitive areas that should be preserved. U E POLICY STATEMENT B.2 Tourist oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks. POLICY STATEMENT B.3 Development that is visible from designated arterial thoroughfares must have a consistent urban design theme integral to creating a "sense of place", enhancing the "visitor experience", and enhancing the overall quality of life. POLICY STATEMENT B.4 The public rights-of-way along S.P.I.D. and State Highway 361 will be landscaped to provide a more aesthetic environment. (See Figure 9)The landscape theme should be consistent with the Island 2000 Plan which includes group plantings at island "Gateways" such as palms and oleanders. The intersection landscaping must adhere to requirements of the City's driveway ordinance and be designed so that sight triangle distances will not be blocked. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 17 Figure 7: Padre Island Future Land Use Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 18 Figure 8: Mustang Island Future Land Use I Mustang-Padre Island Area Development Plan Draft ~4pri112, 2004 Pa~e 19 Table 2: Future Land Use Future Land Use Cate~lory Acrea~le Percent Traditional Neighborhood (Max. 8 units/acre) 933.6c. 3.04% Multi-family (Max. 36 units/acre) 82.06 0,27% Tourist Oriented and 711.48 2.32% High Rise Residential (More than 36 units/acre) Mixed Use Residential 7,763.95 25,31 Mixed Use Tourist 654.17 2.13°A Mixed Use Commercial 129,06 0.42°/` Dredge Material Placement 34.10 0.1 I°A Commercial 338.53 1.1 Public/Semi-public 139.80 0.46°A Park 12,905.13 42.06°/` Right-of-way 829.18 2.70°/, Conservation/Preservation (Beach and other 6,159,87 20.08°/` areas where no development is allowed) total 30,681.02 100.00% POLICY STATEMENT B.5 To enhance the beauty and aesthetic appeal of Mustang and Padre Islands, landscape requirements for street yards adjacent to S.P.I.D. and State Highway 361 will be of a higher standard than is typically allowed elsewhere in the City. Variances, special permits, or other means to reduce the landscaping requirements for development in this Plan Area will be strongly discouraged. POLICY STATEMENT B.6 Signage requirements should promote a coordinated and cohesive design and reinforce a desirable image of the City and the Islands. Mustang-Padre Island/lrea Development Plan Draft April 12, 2004 Page 20 Figure 9: Intersection Landscaping Concept · ' ' ' ~ ~ ' FLOWERING GROUNDCOVER , ~ ~- . '~ POLICY STATEMENT B.9 Encourage placement of public art on roadway medians and other public or private properties. POLICY STATEMENT B.10 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A "Mixed Use" area should be developed using a Planned Unit Development (PUD) zoning district or other equivalent zoning category. A) Mixed use/residential - A high percentage of land designated for Mixed Use Residential should be developed for residential purposes. Low intensity neighborhood serving business may also be appropriate (no more than 10% of the area). Clustering of development density with large setbacks or permanent reserves of open space may also be acceptable in combination with high intensity uses, provided high intensity uses are integrated into the surrounding neighborhood and any negative impacts are eliminated or mitigated. Mustang-Padre Island Area Development Plan Drafl April 12, 2004 Pa~e 21 B) Mixed use/tourist - The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas/vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. POLICY STATEMENT B.11 "Gateways and Scenic Corridors" are designated on S.P.I.D., a portion of State Highway 361, Whitecap Boulevard, Windward Drive, Leeward Drive, Sea Pines Drive, Commodores Drive, Zahn Road, Vista Delmar, main entrance to Padre Balli Park and other streets as depicted in Figure 10. The purpose of designating these corridors is to recognize and protect the economic and environmental significance of these areas. The design elements and allowable architectural themes of these designated corridors will be implemented through the Zoning Ordinance. Such architectural design themes may include elements found in coastal regions such as Cape Cod, Key West, the Carolinas, the Caribbean, Spain, the Mediterranean, South Texas, etc. The purpose of this policy is to help create a "sense of place" and increase the quality of architecture / aesthetics of development along these transportation corridors. Uniquely attractive public and private street lighting, landscaping, pedestrian furniture (benches, plazas, water fountains, bicycle racks, signage, public art, etc.) should be incorporated into public infrastructure and private new development and redevelopments. (Also see Visitor Center in Policy Statement B.24) POLICY STATEMENT B.12 Immediately work with TxDOT to create a location for a permanent Island Visitors Center. The existing visitor's center is poorly located on the north side of SPID and is in a portable building which does not lend itself to convenient access or positive image. POLICY STATEMENT B.13 The City will continue to protect residential neighborhoods from encroachment of non- residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated. 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. POLICY STATEMENT B.15 Recreational vehicle and manufactured home uses should be prohibited from locating on the islands. These uses are a detriment to the high quality residential and resort development proposed for the islands. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 22 Figure 10: Gateways and Scenic Corridors ILEGEND Scenic Corridor · Gateway Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 23 POLICY STATEMENT B.16 Utility lines will be placed underground, where possible, and will minimize disturbance of wetlands, dunes, or other sensitive habitats. This will improve thc aesthetics of the area and improve public safety, particularly in times of weather emergencies. A) The installation of new electrical, telephone or other utility lines along expressways, arterials, and collector streets, or the substantial expansion of existing electrical, telephone, or other utility lines along these roadways must be accomplished underground or underwater. B) Existing utility lines are to be relocated underground wherever possible, as the City and/or State undertake street or highway projects or when a utilit~ company replaces overhead utility lines. POLICY STATEMENT B.17 To insure compatibility of energy production activities and tourist-oriented development, thc City will develop design compatibility guidelines and require new oil and gas producers to conform to these standards. Development plans for extraction or support facilities will undergo site plan review and inspection for compliance and appropriate screening will be required. POLICY STATEMENT B.18 The City will pursue affordable housing projects on the island where the City and a developer can reach agreement to provide lots at an affordable price, possibly in combination with developer incentives pertaining to a reduction in lot size, development fees, and or other design or tax incentives. The vehicle for pursuing this type of development would be the City's Planned Unit Development District in combination with a developer agreement to assure low income housing. POLICY STATEMENTS FOR THE AREA IN THE CITY'S FIVE MILE EXTRATERRITORIAL JURISDICTION LOCATED IN KLEBERG COUNTY SOUTH OF THE CITY LIMITS POLICY STATEMENT B.19 This area is all publicly owned by the Texas General Land Office or is within the Padre Island National Seashore. Currently, the land is undeveloped with only a few oil and gas extraction activities on the property. Regarding development in this area, the following policies apply: A) The area must be preserved as an area of natural coastal habitat while providing for increase public access to the Gulf beaches and the Laguna Madre Shorelines. B) Any use or development of the land or a portion thereof must have a significant beneficial impact on the region or the state. Potential uses for this ama include: 1) Beach and Laguna access roads at a spacing of approximately 2 miles apart (current spacing is 8 miles) are critically needed for emergency vehicle and enhanced public access; Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 24 2) Recreational vehicle parks, camping, fishing, hiking, boat ramps, parking, lookouts, etc.; 3) Wind and solar power generation on a limited basis may be acceptable; 4) Small and large scale desalination facilities on the west side of South Padre Island Drive (S.P.I.D.); 5) Temporary armed forces training; and 6) Permanent open space preserves. POLICY STATEMENTS FOR THE AREA FROM THE SOUTH CITY LIMITS TO ZAHN RD. POLICY STATEMENT B.20 Padre Isles Property Owners Association will be invited to comment on rezoning cases and the site plan review process. Strip commercial development should be discouraged along s.P.I.D.. Commercial proposals providing substantial acreage and a planned commercial cluster are to be encouraged. POLICY STATEMENT B.21 Lower intensity mixed use tourist activities will be encouraged at the intersections of S.P.I.D. and Jackfish, and at S.P.I.D. and Aquarius Drive. These two intersections will provide service to a smaller residential population located in the vicinity and will also require less intersection capacity. Therefore, low intensity commercial activities will be appropriate. POLICY STATEMENT B.22 Mixed use tourist areas of medium intensity will occur at S.P.I.D. and Sea Pines, Encantada, and Commodores Drive. These intersections will provide access to most of the residential population and will require intersection improvements to accommodate future traffic. For these reasons, medium to high intensity commercial activities are appropriate. POLICY STATEMENT B.23 The intersections of S.P.I.D. with State Highway 361 and S.P.I.D. with Whitecap will be developed with high intensity mixed use tourist. Such commercial activities will serve both the visitor and permanent resident populations. However, heavy commercial activities that might include outdoor storage and/or activities that due to their physical characteristics would not contribute to the visitor environment will not be allowed. Activities generally as considered high intensity commercial include, but are not limited to grocery stores, building material yards, open storage and warehousing. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 25 POLICY STATEMENT B.24 The areas referred to as the Village (east side of the Intracoastal Waterway at the JFK Bridge) and the Jones Tract (south of Padre Isles) in Kleberg County, must be developed under special mixed-use standards consistent with previously adopted master plans for each area. (See Appendices A and B) A) The Village Master Plan, approved by both the City and the General Land Office, requires greater public landscaping to identify this area as an "entrance or gateway" to the island. Special emphasis will be placed on making the Village pedestrian "friendly" and connecting the various use areas with a boardwalk or "walkabout". The City will pursue two revisions to the Village Master Plan to: i. eliminate recreational vehicle parks from the plan area; and ii. relocate the proposed visitor center in the Village Plan area to a higher visibility location south of S.P.I.D. and immediately east of the Village Master Plan area. The proposed location is in Texas Department of Transportation right-of-way. Upon adoption of this recommendation the City will immediately met with Texas Department of Transportation to secure a spacious and highly visible location for the future Island Visitor Center. B) Requirements for the Jones Tract will be consistent with the Vista Del Mar Master Plan adopted by City Council in 1999. POLICY STATEMENT B.25 Property located west of Nueces County Packery Channel Park is proposed for mixed- use/tourist development due to the high visibility location on S.P.I.D. and access to Packery Channel. Access out of the site must align with the existing median cuts on S.P.I.D. to facilitate future signalization. POLICY STATEMENT B.26 The City, County, and State will work together to promote public parking areas in proximity to public beaches. All plans for public beach access and parking facilities on State land must be approved by the Texas Attorney General's office. State law requires that beach access be preserved. However, the local government has the authority to define the degree of access that is permitted along the beach. Due to the'narrow beach area in front of the sea wall, and the safety problems presented by heavy vehicular and pedestrian traffic, the City occasionally blocks off the beach to vehicular traffic. The City has acquired property for a public parking lot (approx. spaces) at a central location behind the sea wall. This will allow the beach segment between Leeward Beach and Whitecap Beach to remain open to pedestrian traffic and use by the public, while being closed by the City or County to vehicular traffic. (This recommendation is also provided in the JFK Causeway Recreation Area Master Plan study.) Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 7'6 POLICY STATEMENTS FOR THE AREA FROM ZAHN RD. TO PORT ARANSAS CITY LIMITS POLICY STATEMENT B.27 Area north of Zahn Road and east of State Highway 361 extending to the County-owned parkland is planned for high-density mixed-use tourist land uses. This low-lying area has a significant amount of wetlands, which may make it difficult to develop. However, it will have excellent access to the Packery Channel and adjacent commercial areas. Due to its proximity to the proposed visitor-oriented activities along Packery Channel, the area is suitable for commercial beach support activities, such as restaurants, surf shops, etc. POLICY STATEMENT B.28 North of the State Park on the Gulf side of State Highway 361 high-density tourist oriented development will be encouraged. A number of condominiums have already established a development trend in this area which should be encouraged to continue. POLICY STATEMENT B.29 The area located on the west side of State Highway 361 is planned for residential mixed uses and conservation/State Park. Large portions of this area are composed of low-lying wetlands. Due to the sensitive nature of these lands and because the area does not have direct access to the Gulf, a maximum overall residential density of 8 units per acre will be allowed. Cluster-type developments will be encouraged through the use of incentives and are preferred over traditional residential development patterns. Commercial uses at intersections with collectors along State Highway 361 are appropriate. POLICY STATEMENT B.30 High quality planned commercial uses at the intersection of collector streets is encouraged. Strip commercial development will be prohibited along State Highway 361, unless access management techniques are provided (marginal access, shared driveways, etc.). Access management will enhance public safety and the traffic the capacity of State Highway 361. POLICY STATEMENT B.31 The City will continue to pursue resolution of all park dedication issues related to the parkland dedication committed from the Terra Mar Subdivision. The preferred locations for the park acquisition are adjacent to the Wilson Cut near State Highway 361 or adjacent to Corpus Christi Bay to facilitate water related recreational activities. POLICY STATEMENT B.32 Preserve and enhance public beach access at appropriate intervals (See Beach Access). POLICY STATEMENT B.33 Vehicular access along the Gulf beach shall not be restricted unless necessary for public safety. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 27 POLICY STATEMENTS FOR THE JOHN F. KENNEDY (JFK) CAUSEWAY AREA POLICY STATEMENT B.34 Regarding development in this area, the following policies apply: A) The bait and fishing stands located along the John F. Kennedy (JFK) Causeway are at the primary entrance to the Island and are among the first sights visitors see of the Island. The City will place a high priority on the visual enhancement of this area. B) Paved parking and structural improvements will be required. C) The City will encourage efforts to beautify, enhance, preserve and protect the area. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page ?8 T R A N S P O R T A T O N C. TRANSPORTATION POLICY STATEMENT C.1 The City Council adopts the Transportation Plan (see Figures 11 and 12) as the guide for future transportation decisions. The transportation network of this Plan constitutes an amendment to the Corpus Christi Urban Transportation Plan and a recommendation to the Metropolitan Planning Organization (MPO) to make appropriate changes to the MPO's Transportation Plans. Plan recommendations are based on the "ultimate" street network necessary to serve a fully developed plan area. Unless otherwise specified or where infeasible, all streets are recommended to contain curb, gutter and underground drainage. Wherever this transportation plan calls for the acquisition of more right-of-way than currently exists, the future right-of-way line shall be used to determine building setbacks. Use of the future right-of-way line to measure setbacks will prevent the construction of buildings, signs, or any other permanent structures, that would encroach into the future right-of-way and related setbacks. Changes to the Transportation Plan include: A) Adding a loop collector street extending Aquarius Drive north east and gradually turning south east to parallel and connect with Sand Dollar Street. B) Designating Palmira Drive a Collector Street. c) Revision to the collector street system north of Mustang Island State Park and east of State Highway 361 to delete three proposed vehicular beach access roads for a total of five vehicular access points and four pedestrian beach access ways. D) Deletion of a collector street segment west of State Highway 361 within the collector street loop shown immediately north of Mustang Island State Park E) Reduce the right-of-way requirements for S.P.I.D. from an ultimate 240 foot right-of-way to a 200 foot right-of-way. See conceptual cross section Figure 13. The proposed collector streets on Mustang and Padre Islands are conceptually located and some alignments may change depending on efficient and functional alternatives presented by the property owner at the time of development. POLICY STATEMENT C.2 The City will initiate a request to TxDOT for a speed limit study on S.P.I.D. Reduction of the speed limit is necessary as rapid commercial and residential development is occurring on either side of the roadway. Slower speed limits will help to create a safer roadway for residents, businesses and visitors. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 29 Figure 11: Padre Island Transportation Plan / Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page ~0 Figure 12: Mustang Island Transportation Plan // Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 31 Figure 13: Park Road Conceptual Cross Section Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 32 POLICY STATEMENT C.3 The City will pursue funding for improvements to enhance pedestrian and bicycle amenities as illustrated on the Hike and Bike Trail Plan Figure 14. The aim is to make island thoroughfares safer for alternative modes of transportation. Such improvements may include: A) Pedestrian-friendly intersections; B) Sidewalks; C) Bicycle lanes and or wider shoulders; D) Landscaping; and Other appropriate pedestrian and bike trail amenities. POLICY STATEMENT C.4 The City, in coordinating with the federal, state, and county governments, will develop a long-term emergency action plan for maintaining sufficient emergency access off the Islands. POLICY STATEMENT C.5 In order to optimize the elevation improvements to the JFK Causeway and to further enhance emergency access off the Islands, the City will work with TxDOT to elevate S.P.I.D. to Kleberg County to an elevation equal to the average elevation of State Highway 361. In addition, the City will elevate to the same elevation the portions of the major collector streets which are within 500 feet of S.P.I.D. This will assure that the existing low elevations of these roadways do not critically limit evacuation of the Islands. PROGRAM RECOMMENDATION C.6 A high priority will be placed on transportation improvements that will directly benefit the local tourist industry and are multi modal. POLICY STATEMENT C.7 Preserve the long term opportunity to create a second elevated bridge structure crossing of the Laguna Madre as part of the proposed South Loop project. The purpose of the second crossing would be to direct traffic away from the City and to relieve the traffic demand at the interchange of S.P.I.D. and 1-37. Experience has shown that during hurricane emergencies, traffic backs up on S.P.I.D. and portions of 1-37. The second crossing should be linked-up with the regional transportation network such that traffic is funneled away from the City without further exacerbation of these problem areas. As the need for a second crossing developments, a feasibility study will need to be undertaken to address: A) Location B) Timing C) Cost and funding D) Economic and environmental impacts E) COBRA implications Mustang-Padre Island Area Development Plan Draft April 12, 2004 PaGe 33 Figure 14: Hike and Bike Trail Plan / / and Trails P6'des. t. ria n Friendly Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 34 POLICY STATEMENT C.8 For public safety and to protect roadway capacity on S.P.I.D. and State Highway 361, future development will require access management controls, i.e. marginal access drives, shared driveways, interconnected parking, etc. Design objectives will be to: A) Provide parallel marginal access roadways along S.P.I.D. and State Highway 361; B) If marginal access roadways are not feasible, access management will be achieved through the issuance of "temporary driveway permits" and interconnected parking along highway property frontages. As private development proceeds along these roadways the city will require development to connect parking areas paralleling the roadway. This technique will help to minimize driveway conflicts and help to separate slow speed local neighborhood traffic from high speed through traffic. C) Provide bicycle lanes to facilitate multi-model trips, tourism and public safety; D) Provide curbs, gutters and underground drainage; E) Provide ample landscaping in the public right-of-way to promote an attractive, tourist-oriented environment. POLICY STATEMENT C.9 Intersection alignment improvements to Encantada and S.P.I.D.. The current configuration is confusing and creates an unsafe point of conflict, particularly for motorist attempting to enter northbound S.P.I.D. from Encantada Avenue. POLICY STATEMENT C.10 Development trends and patterns support the following standards, as illustrated on the City's Transportation Plan, for public beach access roads. Spacing is approximately one mile in Nueces County Beach areas on Mustang and Padre Islands. In Kleberg County the spacing standard for public beach access roads is 1 - 2 miles. This design standard will provide sufficient access while discouraging unnecessary cuts through the dunes. POLICY STATEMENT C.11 The City will pursue grants, capital improvement programming, hotel/motel tax revenue and other sources of funding for acquisition and improvement of public beach access. BEACH ACCESS PURPOSE AND SCOPE The purpose of this section is to preserve and enhance the public's right to use and have access to and from the public beach and to support standards certifying construction on land adjacent to the Gulf of Mexico is consistent with such public rights. The geographic scope of the City's jurisdiction for beach access includes all areas within the City's corporate limits and its extraterritorial jurisdiction on Padre and Mustang Island located Mustang-Padre Island A rea Development Plan Draft April 12, 2004 Page 35 between the Gulf beach and the closest paralleling public roadway or 1,000 feet, whichever is greater. In addition, the City is authorized to regulate the platting of property and to annex properties within the City's extraterritorial jurisdiction. Two areas are exempted by General Land Office rules from local beachfront construction certification requirements. These exempted areas are the Mustang Island State Park and the Padre Island National Seashore. The City is requesting State and Federal agencies controlling beachfront property to provide enhanced access and parking facilities. In addition, certain uses and development such as oil and gas exploration and livestock grazing are exempted from the requirements of a dune protection permit, but not a beachfront construction certificate. Shoreline areas experiencing erosion are of particular concern, as any structures located adjacent to these areas will be at the highest risk of damage in the shortest time period. Under rules established by the General Land Office, which are applicable to both beach access and dune protection review procedures, construction in the eroding areas must be responsive to the risk of erosion in the future. An erosion area boundary has been identified through utilizing erosion data provided by the Bureau of Economic Geology. This boundary projects potential erosion 50 years into the future. Additional construction standards will apply within this area. These standards are included within the Dune Protection and Beach Access Regulations. EXISTING BEACH ACCESS Approximately 24.7 miles of public gulf beach is within the city limits and extraterritorial jurisdiction of the City. Currently, seven vehicular roads provide public access to the 14.7 miles of public beach within the Corpus Christi's area of control with 3 additional beach access roads located within State and National parks. An additional 10 miles of beach are in either the exempted areas of the Mustang Island State Park or the Padre Island National Seashore. Beach Access Road # 2 is located approximately one-half mile north of the northern boundary of Mustang Island State Park. This is the only beach access road between the State Park and Beach Access Road # 1, located approximately 7.3 miles north of Beach Access Road//2 and 3.6 miles north of the Port Aransas city limits. All of the remaining ten beach access roads within the City of Corpus Christi's area of control are concentrated within a four-mile area between Beach Access Road #3 and Beach Access Road # 6. This area includes the Seawall and Nueces County's Padre Balli Park and Packery Channel. The Mustang Island State Park entrance road provides the only vehicular access to the two-mile long public beach between Fish Pass and south to the vehicular barrier located 0.3 miles north of Beach Access Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page :~6 Road #3. Beach Access Road #3 is located within Mustang Island State Park and approximately 3/4 mile north of the State Park's southern boundary. It provides access to the beach between the State Park's vehicular barrier on the north side of Corpus Christi Pass and Zahn Road. Beach Access Road "North", as it is commonly referenced, is located approximately one mile south of the no[them boundary of the Padre Island National Seashore. This road provides the only beach access road between Beach Access Road # 6 and the vehicular barrier just south of Access Road "North" at the north end of the National Seashore, a distance of approximately eight miles. A barricaded parking and day-use area exists on a portion of the public beach between Padre Balli Park entrance road and Bob Hall Pier. Vehicular traffic is routed immediately landward of both of these areas. Currently, most of the public beach within the City's jurisdiction is fully accessible to vehicular traffic and public parking on the beach. The only restriction on vehicular traffic and public on-beach parking exist along the Seawall. Public parking is prohibited and vehicular traffic is restricted to one-way southbound along the Seawall because the public beach has eroded to the point that the remaining narrow beach area will not permit safe two-way traffic or parking. POLICY STATEMENT C.12 The City of Corpus Christi will continue to protect the public's right of access to Gulf Beaches through the Beachfront Construction Certificate process. The purpose of the Beachfront Construction Certificate is to protect public access to gulf beaches as development occurs adjacent to the Gulf Beach. POLICY STATEMENT C.13 Numerous natural and man-made processes have caused significant erosion of the public beaches along the Gulf Coast, including Mustang and Padre Islands. If these processes continue, as they are projected to, the public beach may become so narrow that continued vehicular use of the beach might be physically impossible or pose a threat to public safety. Future opportunities for providing public access to the public beach may be seriously diminished as development of private property landward of the public beach occurs. Also, the increased use of public beaches will create conflicts with vehicular and pedestrian movement. The City must achieve, at a minimum, the following policies and objectives: A) The City will purchase pedestrian beach access points and associated parking at approximately one-half mile intervals. (see Figure 12). The primary funding mechanism for these acquisitions will be State and Federal grants, capital improvement programming and hotel/motel tax revenue. B) The City will regulate pedestrian and vehicular beach access, traffic, and parking on the beach only in a manner that preserves or enhances existing public right to use and have access to and from the beach. C) Except for in front of the seawall, the City will not pursue closure of any portion of the public beach to vehicular traffic without an overwhelming public safety concern. However, protected pedestrian and beach user areas may be provided on the beach, only as considered Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 37 necessary for public safety. The purpose of the protected areas is to separate vehicular traffic from pedestrian and beach user areas while also providing through movement of traffic. POLICY STATEMENT C.14 The City and State will work together to promote public parking areas in proximity to public beaches. POLICY STATEMENT C.15 The highest priority for provision of beach parking is on existing city land located adjacent to the sea wall for a 300 space parking lot. In order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed. The public parking area should be of the highest quality design with lush landscaping and palm planting for shade. The parking area and adjoining seawall steps will be ADA compliant. Lighting will be of a clean white metal halide type, of an attractive design (not standard city issue), and at pedestrian scale to avoid light pollution on adjacent properties. These requirements will create a parking area that is functional and an asset to the area. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 38 D. ECONOMIC DEVELOPMENT E C 0 N 0 M I C D E V E L O P M E N T From the City's economic development perspective, public investment in infrastructure for new development on the islands will have the biggest return on investment compared with anywhere else in the City. Over the last ten years the average sale price of lots has increase by 250%. A water front lot that was selling for $15,000 in 1994 could easily sell for $100,00 or more in 2004. The point to be made on these figures is that almost any investment by the City to make the Islands more attractive, better able to accommodate new growth, etc. will reap large returns in increase property values. Mustang and Padre Islands are one of only a few coastal areas near a metropolitan area that have not already been fully developed. If growth and development of these islands occurs similar to other areas on the east and west coasts then the recent rise in property values is only the beginning, not the end of major increases in land values. POLICY STATEMENT D.1 The City will analyze and pursue alternative means of creating special funds for capital improvements, public facilities and beach operations/maintenance. These funding mechanisms include bond program funding, hotel motel tax, beach parking fees, grants, tax increment financing, and other local, state or federal programs. POLICY STATEMENT D.2 Capital improvement projects located in or serving areas in the Padre Island Tax Increment Financing District (PITIF) are of the highest priority. Capital improvements that support development in the PITIF District will generate tax increment dollars that must be spent on public improvements in the district. PACKERY CHANNEL PURPOSE AND SCOPE The purpose of this section is to express the intent and policies of the City in regard to Packery Channel and related issues. The Project consists of construction of a navigable channel between the Laguna Madre and the Gulf of Mexico across North Padre Island, referred to as Packery Channel. This 30 million dollar project is funded by both the Federal Government ($20 million), the State (General Land Office Grant of $1.3 million) and the City of Corpus Christi ($8.3 million). The local share of the this project is financed by the Padre Island Tax Increment Financing District (PITIF) established for a 20 year period in 20001. (See Figure 15) The PITIF District is a means of allocating a portion of the property tax revenue collected from the district to pay for new public improvements in the district. The PITIF District does not create a new tax or additional tax burden for the property Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 39 owner however, a tax increment district is intended to encourage or facilitate private investments and to raise the value of property in the district. The Packery Channel Project has several purposes including: A) Providing a convenient recreational water passage to the Gulf of Mexico from North Padre Island; B) Providing a source of sand for the initial beach renourishment in front of the sea wall and periodic beach renourishment every five years in combination with the maintenance dredging of the Packery Channel. C) Providing an additional attraction for the economic development of North Padre Island. The Project consists of dredging a 12-foot deep by 122-foot wide channel (280-foot span crest to crest of shoreline armoring) to connect the existing Packery Channel to the Gulf of Mexico and dredging the existing channel to a depth of -7 feet (mean sea level) and a width of 80 feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet. Approximately 967,500 cubic yards of material will be dredged during construction, most of which will be placed on the beach south of the proposed jetties. Sandy maintenance material from the channel east of the SH 361 Bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrifi side of the jetties. Approximately 15,000 cubic yards of estimated maintenance dredging every 5 years will be placed in a confined upland site. A 1997 Environmental Impact Study required for the project indicates that the project will positively impact, both directly and indirectly, the local job market. The study finds that by 2018, the project will have produced some 3,500 new jobs. The new employment will provide an additional $13.8 million in annual wages to the area's economy. In addition, the new Packery Channel is estimated to add an additional $42 million spent by visitors to the area by 2008. That figure increases to $89 million by 2023. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 40 Figure 15: Padre Island Tax Increment Financing District Legend ~TIF Aree POLICY STATEMENT D.3 The City will vigorously support and encourage the development and improvement of Packery Channel for the purpose of providing a recreational boat pass and enhanced water exchange to the Laguna Madre from the Gulf of Mexico (See Figure 14). The project will provide greatly improved recreational facilities, economic development potential on adjacent public and private lands and will re-nourish adjacent Gulf Beaches. The Packery Channel Project, when completed, will provide a world-class multipurpose development unique to the Texas Coast with the potential to attract tourists from all over the state and nation. The project is consistent with John F. Kennedy Causeway Recreation Area Master Plan Study adopted by the Texas General Land Office in 1990. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 41 Figure 16: Packery Channel Project ~Zahn Road I Future ,Improvements ~X > Recreational > Boat Ramp and ~ Parking ~ Fishing/Park,ng POLICY STATEMENT D.4 State land, leased by the City, on either side of the Packery Channel must be developed in a manner consistent with Dune Protection and Beach Access Regulations and in accordance with the Texas General Land Office. A major goal for the City will be to provide a world-class public recreational opportunity for the visiting public and citizens of Corpus Christi and to achieve a combination of recreational and tourist-oriented economic development. POLICY STATEMENT D.5 Promote the most intensive tourist oriented development east of S.P.I.D. and between Whitecap Boulevard and Zahn Road by providing public and private amenities to make the area more attractive and "people friendly". These amenities should support a multimodal transportation system (pedestrian, bicycle, vehicular and water transit), and uniquely attractive developments, both public and private, with facilities using the highest quality design and materials. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 42 POLICY STATEMENT D.6 Private land located south of the Packery Channel must be developed with a mix of high- density/intensity tourist oriented commercial and residential activities (See Future Land Use Map). Development standards for this area will be of a very high order requiring abundant landscaping, a consistent urban design theme and public improvements that exceed standard requirements. POLICY STATEMENT D.7 A navigable connection between Lake Padre and Padre Isles is considered a priority for private development. Such a connection will facilitate the development of a future marina capable of accommodating sailing and power vessels and will provide sufficient water access to Lake Padre residents and business owners. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 43 E. PUBLIC SERVICES PARKS & RECREATION POLICY STATEMENT E.1 p Gulf of Mexico beaches are the region's number one tourist attractions, and will be maintained in a manner that minimizes any damage to the sensitive beach / dune U ecosystem. Beach operations headquarters and equipment storage facilities are needed in close proximity to the beach. The City will investigate additional funding g mechanisms for these facilities and to ensure sufficient personnel and equipment are available for this important program. Possible additional or expanded funding options C may include: A) Increases in the current fee and permit system; I B) Federal and State grants; C) Hotel Motel taxes; D) Special districts; E) Creation of day-use areas that require an entry fee. S E R V C E S In addition, the City will continually seek to use "best management practices" for beach maintenance through continuous dialog with the General Land Office and other beach communities. POLICY STATEMENT E.2 The City will investigate amending the park dedication requirement in the Platting Ordinance to allow full credit for private parks. In addition, the City, in cooperation with the County, will pursue improvement of existing County Parks to eliminate duplication of park services and to most efficiently utilize land on the island. This will help improve the delivery of park services and ensure the adequate development of parks. POLICY STATEMENT E.3 The City will develop a Specific Beach Utilization Master Plan for all gulf beaches, Packery Channel and shoreline areas adjacent to the Laguna Madre / Corpus Christi Bay. Development of the plan will include a public participation process designed to obtain input from island property owners and residents, including the several existing Island advocacy groups, as well as city,vide input from citizens. The plan should include recreational improvements to be placed on either side of Packery Channel, the need for ADA accessibility on all improvements, compliance with FEMA flood elevation requirements and the City and Counties beach dune rules. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 44 POLICY STATEMENT E.4 The City will develop one or more festival sites on the island for large special events, i.e. spring break, music concerts, sand sculpture competitions, etc. Festival facility improvements are intended to make the Corpus Christi gulf coast the premier location for hosting special beach events on the Texas gulf coast. Festival site facilities and locations may be development as joint ventures with the County, State or with private property owners. POLICY STATEMENT E.5 The City will pursue additional public boat ramps and parking for access to the Laguna Madre and Corpus Christi Bay. Joint public private agreements between thc County, thc Padre Island Property Owners Association, thc state or other entities could facilitate this objective and reduce overall costs. Potential sites for consideration should include: land adjacent to the City's Wastewater Treatment Plant; existing park locations; conversion of private boat ramps to public ramps; Packery Channel; State Park; Wilson's Cut, the JFK Village, etc. POLICY STATEMENT E.6 A high recreational improvement priority of the City is to fully develop existing parks on the island. These parks include Jackfish, Aquarius, Commodores, Billish (Gypsy) and Coho de Bara Parks. Once improved these parks will be regularly maintained to the City's high standard of park maintenance. POLICY STATEMENT E. 7 The City will purse development of a multi-purpose meeting facility as a place for resident public functions, senior citizen activities, and other public/recreational functions. If land on existing city parks is not suitable the City should consider a joint agreement with the County on county park land in the area. PUBLIC SAFETY POLICY STATEMENT E.8 Investigate development of an additional fire and police station on the island. The City will undertake studies to determine if additional public safety stations will be needed to serve Padre Island. The study should assume full development of the large vacant tracts located at the southern edge of the City near Sea Pines Drive and in Kleberg County. POLICY STATEMENT E.9 As rapid land and population growth occurs on the islands the City will continue to maintain a high level of public safety service. In addition, the City will keep statistics on the number of crimes where the criminal element uses the canal system for access or escape. Currently, the number of crimes that have occurred with access/escape from the water areas is not known but it is believed that there is not a problem of sufficient magnitude to warrant a water Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 45 patrol. Monitoring of this concern will allow the City to identify trends and determine when a water patrol might be necessary. POLICY STATEMENT E.10 The City will pursue an inter-local agreement with Kleberg County regarding policing of the beach between the city limit line and the National Seashore. The distance between this stretch of beach and Kingsville, where the Kleberg County Seat is located, is a deterrent to proactive law enforcement efforts. The public safety would be well served by enhanced law enforcement presence. STREETS POLICY STATEMENT E.11 Establish a short, medium and long term schedule for street resurfacing of all existing streets on the island. Currently, high priorities for street resurfacing are collector streets serving Padre Isles Subdivision and the seawall area. These streets include: Whitecap Boulevard, Commodores Drive, Sea Pines, Encantada Avenue, Windward Drive, and Leeward Drive. STORMWATER SYSTEM POLICY STATEMENT E.12 Development of a Stormwater Master Plan for Mustang Island is a high priority for supporting new development. A key element of any new development is the manner in which the property will efficiently and effectively drain; tie into an overall storm drainage system; and, most importantly, not drain or damage down stream properties. Currently, there is not a Stormwater drainage master for Mustang Island. WATER AND WASTEWATER SYSTEMS POLICY STATEMENT E.13 The City will continue to place a high priority on providing an adequate supply of water to the island to support rapid growth. The City will continue to explore conventional and innovative methods of supply including: extension of additional water transmission lines; aquifer storage and recovery; desalinization, etc. POLICY STATEMENT E.14 The City will support and facilitate the creation of a public improvement district to provide unpaved streets, water and wastewater and other public infrastructure improvements in portions of the area not adequately supported by existing public infrastructure. For example, many of the vacant lots (known as "A" and "B' Lots) along S.P.I.D. and Palmira Streets do not have both water and wastewater lines. The City would finance such improvements and assess the costs in an equitable manner among district property owners in accordance with Chapter 372 of the Texas Local Government Code. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 46 POLICY STATEMENT E.15 The City will continue to reuse effluent from the Whitecap Wastewater Treatment Plant to benefit the islands as a source of water for landscaping at the Padre Isles Golf Course. As more effluent becomes available the City should also use the effluent for landscaping in public rights-of-way or for additional golf courses. POLICY STATEMENT E.16 The City will continue to work closely with Nueces County Water Improvement District No. 4 in the future to identify issues and ensure adequate provision of water and wastewater services to the District's service area. Thc area south of Mustang Island State Park receives all services from thc City of Corpus Christi. District No. 4 provides water and wastewater services to thc State Park and areas north of thc State Park, with thc City providing all other services. This arrangement will continue for the foreseeable future. This will include: A) Creation of joint/compatible development standards between City and District No. 4; and B) Provision of adequate and reliable water and wastewater services to all area property owners. POLICY STATEMENT E.17 The City encourages Nueces County Water Control and Improvement District g4 to continue to purse construction of a mid-Mustang Island wastewater treatment plant to accommodate future growth. A new wastewater treatment plant will eventually be needed to provide sufficient capacity for full developmctu of Mustang Island. The District has secured property for a future wastewater treatment plant immediately north of Corpus Christi City limits and west of State Highway 361. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 47 F. CAPITAL IMPROVEMENTS C A P I T A L I M P R O V c) E £) M E N TS The purpose of this chapter is to outline the capital improvements needs as identified in the Mustang-Padre Area Development Plan. The project list below should be used to provide plan input into the City's Annual Capital Budget and Long Range Capital Improvement Program. POLICY STATEMENT F.1 Establish continuous funding sources and foster multiple partnerships for ongoing capital improvements on the islands. Funding mechanisms include tax increment financing, public improvement district, tax abatement/credits, or similar mechanisms. Multiple partnerships should include the RTA, Nueces County, MPO, and impacted private organizations. Care must be taken to insure that funding is reserved only for those projects that create a measurable increase in tourism and not merely a shift in the current local participation patterns. Following the adoption of the Area Development Plan, Staff ~vill incorporate the Plan capital improvements into the overall citywide Capital Improvement Program in keeping with the overall prioritization and funding available at the time. PARK AND RECREATION Short Term Improvement POLICY STATEMENT F.2 A Specific Beach Utilization Master Plan for all gulf beaches, Packery Channel and shoreline areas adjacent to the Laguna Madre / Corpus Christi Bay. Elements to be included in the plan will include: A) Facilities such as bathhouses, showers, pavilions, restrooms, etc.; B) Access facilities - beach access roads, day use areas, public parking and dune walkovers etc.; Boat ramps and/or portage areas; Shade structures and pavilions; Beach maintenance and operations facilities; Festival facilities; and Other associated recreational facilities. POLICY STATEMENT F.3 Seawall public access improvements. Design objectives must include: A) Construction of public parking on city land adjacent to the seawall which satisfies public beach access requirements of state law; B) Creation of an ADA compliant pedestrian promenade on the seawall adjacent to the public parking area. Additional improvements should include restrooms, lush Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 48 landscaping, lifeguard staging / headquarters, public lighting, hand railing, shade structures, concessions, etc. Note: Resolution of issues pertaining to public liability for placement of public improvements on the privately owned sea wall must first be resolved prior to implementation of the seawall projects. POLICY STATEMENT F.4 Design objectives for Packery Channel Recreational Improvements will include: A) Creation of infrastructure, roadways, parking and pavilions, etc. to support small to mid- sized special events / festivals; B) Concessions; C) Bath houses and restrooms on both sides of the channel; D) Boat ramps and associated parking; E) Public fishing facilities and parking; F) Beach maintenance operations facilities; G) Create observation areas and nature trails in County owned Packery Channel Park; H) Pedestrian access to the Packery Channel to support viewing of natural habitat areas i.e., Mollie Beatty preserve, etc. Medium Term Improvement POLICY STATEMENT F.5 Public Boat Ramps on Padre and Mustang Island to facilitate public access to the Laguna Madre and Corpus Christi Bay. POLICY STATEMENT F.6 Commodores Park Improvements. (Funding would come from development fees collected during development of the Commodores Cove Subdivision.) PUBLIC HEALTH AND SAFETY STREETS Short Term Improvements POLICY STATEMENT F.7 Facilitate pedestrian and bicycle access along S.P.I.D. with the highest priority intersections of Commodores Drive and Whitecap Boulevard. The aim is to make these intersections and roadways safer for alternative modes of transportation. Such improvements may include: A) Pedestrian-friendly intersections pedestrian activated signals, safe havens on medians; B) Joint sidewalks and bicycle lanes. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 49 POLICY STATEMENT F.8 Intersection alignment improvements to Encantada and S.P.I.D.. The current configuration is confusing and creates an unsafe point of conflict, particularly for motorists attempting to turn left on to S.P.I.D. from Encantada Avenue. POLICY STATEMENT F.9 Improve Sand Dollar (portions that have not been closed), Tortugas, Palmira and other dedicated but unimproved streets. POLICY STATEMENT F.10 Installation of landscaping on S.P.I.D. and State Highway 361. Funding may come from TxDOT, the City, private sources or grants. Medium Term Improvements POLICY STATEMENT F.11 Landscaping and pedestrian / bicycle improvements and facilities should be constructed in the public rights-of-way on major streets including Commodores, Whitecap, Encantada, Aquarius, Gypsy, Windward, Leeward, Zahn, and Sea Pines. Funding may come from the City, private sources or state/federal grants. POLICY STATEMENT F.12 Use local funds as match for Texas General Land Office Grant funding to purchase property for four pedestrian access and parking areas. POLICY STATEMENT F.13 In order to take advantage of elevation improvements to the JFK Causeway and to accommodate emergency access off the Islands, the City will work with TxDOT to elevate existing major intersections to an elevation equal to the average elevation of State Highway 361. Mustang-Padre Island ~4rea Development Plan Draft April 12, 2004 Page 50 POLICY STATEMENT F.14 Use local monies (bond program, sale tax, RTA, etc.) to leverage state funding for improvement of access roads to serve the "Village" Area at the entrance to Padre Island at the JFK Causeway Bridge. STORMWATER Short Term Improvement POLICY STATEMENT F.15 Development of a Stormwater Master Plan for Mustang Island. WATER AND WASTEWATER Short Term Improvements POLICY STATEMENT F.16 Southside water transmission line extension. POLICY STATEMENT F.17 Establish a public improvement district to finance construction of wastewater service lines to platted properties along S.P.I.D.. A public improvement district would establish a cost sharing mechanism between the City and property owners. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Pa~e 51 G. PLAN IMPLEMENTATION P L A N I M P L E M E NT A T I O N During the formation of this Plan, staff found that there are many very active and energetic organizations that exist on the island. Many of these organizations have diverse interests in the island but the common thread between all of the organizations is that they are all very interested in the island's future development. Some of these groups include the Padre Island Property Owners Association, the Padre Island Business Association, the Sea Wall Association, many condominium associations, County Club, and others. Policy Statement 1.1 is a recommendation to these organizations that they form a unified group or "Coalition" in the interest of coming to consensus on community issues and becoming a stronger an even stronger advocacy group on island issues. POLICY STATEMENT G.1 This Plan constitutes the primary guide for the development and redevelopment of the Mustang-Padre Island Area. The Plan provides the overall basis for which the City makes determinations concerning zoning, capital improvement projects and programs such as street improvements, park and marina improvements, and infrastructure improvements, and to a somewhat lesser degree building code issues. POLICY STATEMENT G.2 A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located within the Mustang-Padre Island area, professional architects and engineers, commercial realtors, at-large citizens who have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g. Watershore, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The highest priority projects for the Strategic Action Committee include: · Mustang-Padre Island Area Development Plan projects to be recommended for inclusion in the next City Bond Program; · Implementation of sustainable new or additional funding sources for the Mustang- Padre Island Area, i.e., Tax Increment Financing District, Public Improvement District, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of the Mustang-Padre Island Area Plan; · Annual input into the City's Capital Improvements Program. · State legislation pertaining to Island concerns; · Other appropriate areas of concern. Mustang-Padre Island Area Development Plan Draft April 12, 2004 Page 52 APPENDIX A: JFK VILLAGE MASTER PLAN lAND ]ntracoastal ~ :Vaterway ~ Bridge 2. Village Master Plan (Area under the JFK Causeway Brid~e) 6. Area and Proposed Uses 1. Street Yard Landscaping and signage 2. Northside Marina, Commercial Fishing, Open Market, retail future water taxi stop 3. Intracoastal Marina Restaurant, Retail, Outdoor Recreation, Travel Trailer Park (limited to 3d and 3e) 4. Centralized Parking Visitors' Center, Convenience Store, Parking, Retail / Restaurant. 5. E1Centro Retail, Restaurant, Outdoor Recreation 6. Five-Acre Isle Marina, Restaurant, Retail 7. Ten-Acre Isle Hotel/Motel, Restaurant, Marina, Outdoor Recreation 8. Wetlands Open Space (Area to be protected and enhanced through natural vegetation.) Mustang-Padre Island Area Development Plan Draft ~4pri112, 2004 Pa~e 53 APPENDIX B: VISTA DEL MAR Vista Del Mar (Annexation Tract "C") Concept Plan LEGEND AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY ADOPTING THE MUSTANG-PADRE ISLAND AREA DEVELOPMENT PLAN; DEFINING THE CITY'S COMPREHENSIVE PLAN POLICIES ON MUSTANG AND PADRE ISLAND FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, ECONOMIC DEVELOPMENT, PUBLIC SERVICES, CAPITAL IMPROVEMENTS, AND IMPLEMENTATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the Mustang-Padre Island Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 5, 2003, during a meeting of the Planning Commission, and on Tuesday, November 18, 2003, 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 these amendments 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 Mustang-Padre Island Area Development Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), including the City's Comprehensive Plan Policies on Mustang and Padre Island for Protection of the Environment, Future Land Use, Transportation, Economic Development, Public Services, Capital Improvements, and Implementation, and the Introduction, Policy Statements, Figures, Tables, and all other elements and parts of the Mustang-Padre Island Area Development Plan, are adopted by this ordinance as an integral part of the Comprehensive Plan to read as shown in Exhibit "A" attached to this ordinance and incorporated by reference. SECTION 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Chdsti, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. R41402A1.doc SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. R41402A1 .doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret That the foregoing ordinance was read for the first time and passed to its second reading on this the 9th day of December, 2003, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the second time and passed finally on this the 20th day of April, 2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the 20th day of April, 2004. ATTEST: 3 Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED AS TO LEGAL FORM ONLY: April 16, 2004 F~tant" ~ C~ty' Attorney For City Attorney R41402A1 .doc 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: April 20, 2004 Review of Preliminary Bond 2004 Program STAFF PRESENTER(S): Name 1. Mark L. McDaniel 2. Angel R. Escobar, P.E. Title/Position Department Assistant City Manager - Support Services Director of Engineering Services ISSUE: Funding for general obligation capital needs such as streets, public facilities, park improvements and other projects will require issuance of voter-approved bonds. In formulating a preliminary Bond 2004 Program, Staff has compiled a list of projects consistent with Council directive and prioritized needs (See attached summary.) BACKGROUND: This presentation is intended to provide the City Council with a preliminary list of projects to be included in a Bond 2004 Program. Staff has compiled five options for the Council to review. These project packages range from $70 million to $130 million dollars and vary both in the number of projects as well as funding for utility relocations. In compiling these options, Staff has made every effort to factor in consideration of traffic counts, accident rates, capacities, anticipated development and the current physical condition of streets and facilities. In addition, community requests and City Council directives have been used in compiling these preliminary options. REQUIRED COUNCIL ACTION: Staff is requesting City Council direction on the various options presented in order to further refine projects and funding requirements. Assistant City Manager - Support Svces. ~n{~el R. Escobar, P.E. Director of Engineering Svces. Attachments: Bond 2004 Draft Package Proposal ADDITIONAL BACKGROUND INFORMATION Street improvements included in the Bond 2004 Program will require the relocation of utilities. As detailed in the attached schedule, costs for these relocations can be rolled into the bond issue effectively reducing funding available for additional projects. Utility relocations can also be funded through utility rates as has been the policy in past bond programs. In the current version of the Utility Rate Model, each $10,000,000 increase in bond expenditures equates to a 1% increase in utility rates. A similar ratio exists with property taxes as the property tax rate must increase 1cent to cover $10,000,000 in bond project costs. Following is a summary of the impact on tax and utility rates based on the five packages: IMPACT ON RATE A 0 0 0 B 2% 0 0 C 0 3 cents 0 D 3% 3 cents 2.6 cents E 0 6 cents 2.6 cents In the overall consideration of the impact on property tax rates, the effect of Proposition 13 must be interjected. Based on the previous analysis prepared by the Office of Management and Budget, the effect of Proposition 13 would mean that the property tax rate would have to increase to cover the loss associated with a tax freeze for those over 65. In Year 1, the property tax rate would need to increase by .25 of a cent to cover the loss with a projected increase of 2.55 cents in Year 10. NOTE: DETAILED PACKAGE OF BOND 2004 CANDIDATE PROJECTS WILL BE DELIVERED ON MONDAY AFTERNOON (4.19.04) BOND 2004 Staff. D~eveloped package Proposals April 20, 2004 : CKAG~A' PAC-KA~E B PACKA(~-C PACKAGE D PACKAGE E $70M $70M $100M $t00M $130M w/utilities w~!utllltles STREETS: 1. ~ ~.DA Im~roveme?ts 4,000,000 4,000,000 4,000,000 ~4~000,00~0 ~,000,000 2. . Cimarron BI_vd, ph. 1 - Saratoga to Yorktown ~6041000 6,44~,000 9,604,000 6,440,000 9,604,000 3. Cimarron Blvd, Ph. 2 - Yorktown to Bison (Mireles) 3,444,000 2,372,000 3,444,000 2,372,000 3,444,000 4. Doddrldge S_tr_eet - Ocean Dr!ve~to Staples 5,503,000 3,495,000 5,503,000 ~ 3,495,000 5,503,000 5. Everhart Road, Ph. 1 - S_aratoga to Cedar Pass 6,216,000 4,497,000 6,216,000 4,497,000 6,216,000 6. North Port Ave - IH 37 to US 181 ** 5,354,000 i~6~4,00~ 5,354,000 1,604,000 5,354,000 7. Up River Road - Rand Morgan to McKenzie 9,516,000 4,465,000 _ 91516,000 4,465,000 9,516,000 8. Waldron Road - Purdue to Glen Oak & Mediterranean 5,712,000 2,474,000 5,712,000 2,474,000 5,712,000 9. ~Future TxDOT Participation 500,000 500,000 500,000 500,000 500,000 10. liN~i~ghb°r~ood Stree-ts 8,126,000 13129~i000- g:992,000 15,12_5~_0--00 10,933,~00~0 11. i Street Lighting 800,000 800,000 · 800,000 800,000 800,000 12. 'Street Overlays 4,200,000 4,200,000 4,200,000 4,200,000 4,200,000 13. Traffic Congestion Management 3,500,000 3,500,000 3~500,000 ~500,000 3,500,000 14~ Traffic Signals (Ten New & Ten Upgrades) 2,130,000 2,130,000 2,130,000 2,130,000 2,130,000 15. Cliff Maus, Ph. 2 - Brownsville Rd to Bear Lane 803,000 2,037,000 803,000 .4 2,03_7,000 i6. Cliff Maus,~h. 3- SP-I-D t~ Rockford Drive 1,058,000 . 1,970,000 1,058,000 1,970,000 17. Wool_drid~g~_R~oa.d - Airlin_e R~_ad to R0dd Field 3,239,000 61188,000 3,239,00~0' 6,18~,000 18. Wooldridge Road - Staples Street to Airline Road ~ 4,3731000 7,925,000 4,373,000 7,925,000 19 DeveloPer Participationr~ 500,000 500,(~0~0 500,00~0 500~,000 20. Park Road 22 Bridge (Cost Estimated) 1,400,000 1,400,000 1,400,000 21 .jOebra Street - Jamaica Ext. to Hustlin Hornet ~ _ 2,681,000 4,162,000 22. Laguna Shores Road - Graham to 'Hustlin Hornet; ,. 3,412,000 ~p?_l~0tal Street Packag~es:I 68,605,000; 63,747,000 90,491,000 69,656,000 99,006,000 PUBLIC H~ALTH & SAFETY: 23. Police / Fire Training Facility Ph. 2 - Land Acq. ~ 895,000 895,000 ! 895,00-0 8g~,~0~0._ _ . ~5~,0~-0.' 24. ADA Co-Ed Fire Stations ~ 400,000 · 400,000 400,000 400,000 25. Police Impound Yard Paving 758,000 758,000 758,000 758,000 Sub-~otal P~bll~ H~aith & Safety Packages: 895,000 2,053,000 2,053,000 2,053,000 2,053,000 PUBLIC FACILITIES: 26. Defe~/e~'§~Jii~lin~ M~int~nanc~ (Roofs, etc.) 500,000 500,000 1,000,000 2,~00__0.~00~0 _ ~2,00_0_;000 27. NW Library Expansion 2,000,000 2,000,000 2,000,000 2,000,000 28. New Southside Library (Does not include land) 3,500,000 3,500,000 29. i Museum Fire Suppression, Ph. 2 160,000 160,000 ' Sub-Total Public Facility Packages: 500,000 2,500,000 3,000,000 7,660,000 7,660,000 PARK & RECREATION: ~Sports Field Improvements 1,000,000 1,000,000 2,250,000 2,250,000 31. Golf Course Improvements (Existing Courses) ~ ~ 2,756,000 2,756,000 2,756,000 32. ~Renovate Senior & Rec Centers 1,300,000 1,300~,000 33. HEB Tennis Center , 500,000 500,000 Sui~-T~ta~ Park & Recreation Packages: 1,000,000 3,756,000 6,806,000 6,806,000 OTHER: , 36. Downtown Redevelopment PartiCipation i 250,000 25__0,000 250,000 250,000 35. NAS Acuz Land Acquisition & Road Realignment 350,000 i 350~007 1,175,000 1,175,000 34. North Beach Area Improvements 100,000 t 100,000 -~'i0.0-,~00 ~0,000 37. Bayfront Development Plan, Northside of IH 37 ~ ~00 ~i0-00,00~- 38. i Bayfront Development Pian, Southside of IH37 5,000,000 5,000,000 39. COE Existing Building and Land Acquisition 2,300,000 2,300,000 40~ 15~dre iSia~A~ion 650,000 . Sub-Total Other Project Packages: 700,000 700,000 13,825,000 14,475,000 TOTAL PACKAGE PRICE: 70,000,000 70,000,000 100,000,000 100,000,000 130,000,000 ~ ** Price ,, for utilities and TxDOT 20% match only Utility Cost for Package B is $20,001,200 Utility Cost for Packable D is ~30~130,000 i I 18 CITY COUNCIL AGENDA MEMORANDUM Date: April 20, 2004 AGENDAITEM: Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2004 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. B. Council discussion and possible action on a tentative list of projects/activities to be funded. ISSUE: HUD regulations require a public hearing prior to adoption of the Consolidated Annual Action Plan. REQUIRED COUNCIL ACTION: Conduct Public Hearing and tentative approval of projects/activities. FUTURE COUNCIL ACTION: Final adoption of the FY2004 Consolidated Annual Action Plan. RECOMMENDATION: It is recommended that a brief presentation be made to the City Council at the opening of the public hearing so that staff may outline the FY2004 Consolidated Annual Action Plan and recommended programs. Mr. David Berlanga, Chairman of the Planning Commission, has drafted a memo detailing the Planning Commission's recommended programs that is included in the agenda packet. After the public hearing is concluded, the City Council may, at their discretion, undertake discussion and adoption of the tentative list of projects/activities to be funded under the FY2004 Consolidated Annual Action Plan Program. Staff and Planning Commission have reached a mutual agreement on all of the recommendations as indicated on Attachment D with the exception of CDBG Project #1 Ben Garza Complex Master Plan, Project #2 Broadmoor Senior Center, Project #5 Clearance of Vacant Properties Program, Project #10 Downtown Revitalization, Project #15 "HC" Overlay Properties & Potential Historical Marker Program, Project #25 Rehabilitation Services, Project #26 Senior Center Improvements, Project #27 Single Family Rehabilitation and Reconstruction Loan Program, Proj~-~33 Weed and Seed Prog ram and Project #44 Harbor PI ay house Co Jo(qathan Wagner, N~) Acting Director ADDITIONAL SUPPORT MATERIAL Background Information x BACKGROUND INFORMATION A one-year Consolidated Annual Action Plan will describe the activities and projects to be assisted with funds received under the CDBG, HOME, ESG and other HUD programs that help to meet housing and community development objectives. The City of Corpus Christi's FY2004 entitlement allocation is $6,107,456 which includes: $4,105,000 Community Development Block Grant (CDBG $1,848,127 HOME Investment Partnerships (HOME) $154,329 Emergency Shelter Grants (ESG) In addition, program income of $800,000 from loans provided during previous CDBG years and $547,567 of reprogrammed funds are available for the CDBG Program. Therefore, a total of $5,452,567 is available for the FY2004 CDBG Program. The FY2004 entitlement allocation reflects a decrease in the CDBG Program of $114,000 or 2.7% reduction, a decrease in the HOME Program of $14,435 or .8% reduction and a decrease in the ESG program of $15,671 or 9% reduction from last year. The City of Corpus Christi has been appropriated more than $141 million through HUD for the CDBG Program which includes over $11.8 million of program income generated through the various programs administered by the Housing & Community Development Department. The HOME Program began in 1992 to help increase and improve affordable housing opportunities. Total HOME funds of $20 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. The ESG Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services/homeless prevention activities. Since 1987, the City has received more than $1.92 million in ESG funds. Public Hearinqs/Citizens Participation Process The Planning Commission held a public hearing on February 18, 2004 and adopted their recommendations on February 25, 2004. A summary of the proposed plan was published on February 29, 2004 delineating the Planning Commission's recommendations. The City Council public hearing on the FY2004 Consolidated Annual Action Plan has been scheduled for 2:00 p.m. on April 20, 2004. After completion of the public hearing, the Council will have the opportunity to tentatively adopt a list of projects/activities to be funded under the program for the FY2004 Consolidated Annual Action Plan. Final adoption of the FY2004 Consolidated Annual Action Plan will be brought before the City Council on April 27, 2004 for approval. Publication of the final FY2004 Consolidated Annual Action Plan will be published on May 2, 2004. H:\HCD-DIR\DANIEL~AGEN DA\FY2004\PublicHead ngCiiyCouncil.doc