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Agenda Packet City Council - 07/08/2008
CITY COUNCIL AGENDA JULY 8, 2008 11:45 A.M. - Proclamation declaring the month of July, 2008 as "Recreation and Parks Month" Certificates of Commendation -- Ca!alien High School Varsity Baseball Team; "2008 Class 4 -A UIL State Champions" At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 8, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su inglas es limitado, habra un intarprete ingles -espaf of en todas lasjuntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Tracy Watson, Padre Island Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem John Marez Council Member s_ : Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly Priscilla G. Leal Michael McCutchon Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of June 17, 2008 and June 24, 2008. (Attachment # 1) Agenda Regular Council Meeting July 8, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Clean City Advisory Committee * Corpus Christi Business and Job Development Corporation * Corpus Christi Downtown Management District * Crosstown Commons Development Corporation * Planning Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. lfdeemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: * Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONSIORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vofe,on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting July 8, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -08 -04 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six - month expenditure of $101,340.18, of which $16,890.03 is required in FY2007 -2008. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2007 -2008 and requested for FY2008 -2009. (Attachment # 3) LaBatt Food Service Corpus Christi, TX 136 Items $67,686.37 PFG Victoria. TX 93 Items $33,753.81 Grand Total - $101,340.18 4. Motion approving the purchase of one (1) 48 -foot truck trailer from Rush Equipment Center of Texas, Inc., of Houston, Texas for a total amount of $98,615. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). The truck trailer will be used by Solid Waste Services. Financing will be provided through the City's lease- purchase program. (Attachment # 4) 5. Motion approving the purchase of one (1) asphalt relay tank trailer and two (2) side loaders refuse trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The asphalt relay tank trailer and the side loaders refuse trucks will be used by the Street Department and Solid Waste Services. Funds are available in the Street 2008 Tax Notes Capital improvement Project (CIP) Fund and the Public Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund. (Attachment # 5) Cooper Equipment Company San Antonio, TX 1 Unit Bid Items: 1 $103,681.00 (rand Total! Rush Truck Center, Houston Houston. TX 2 Units Bid Items: 2 $466, 258.00 $589.939.00 Agenda Regular Council Meeting July 8, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion approving the purchase of one (1) asphalt distributor from Grande Truck Center, of San Antonio, Texas for the total amount of $150,258. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative (TLGC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. (Attachment # 6) 7. Motion approving the purchase of nine (9) pickup trucks, one (1) dump truck and the lease/purchase of one (1) cargo van from the following companies, for the following amounts, in accordance with Bid Invitation No. BI- 0166 -08, based on low bid for a total amount of $269,112. The vehicles will be used by Animal Control, Park & Recreation, and Water Departments. All eleven units are replacements to the fleet. Funding for the lease purchase of the cargo van will be provided through the City's lease/purchase financing program. Funding for the remaining vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund, Latchkey Operations, Beach Operations and the Animal Control Operations Budget. (Attachment # 7) Access Ford, LTD Corpus Christi, TX Bid Items: 1, 2, 3, 4, 6, 7 & 8 $210,828 Champion Ford Mazda Corpus Christi, TX Bid Item: 5 $58,284 Grand Total: $269,112 8. Motion approving the purchase of one (1) steel wheeled vibratory roller from Anderson Machinery Co., of Corpus Christi, Texas for the total amount of $110,469.42. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. (Attachment # 8) 9. Motion approving a supply agreement with HD Supply Waterworks, of Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0170 -08 based on low bid for an estimated annual expenditure of $87,610 of which $14,601.66 is budgeted in FY2007 -2008. The term of the Agenda Regular Council Meeting July 8, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available from Warehouse Inventory for FY2007 -2008 and requested for FY2008 -2009. (Attachment # 9) 10.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,798,271 from the State of Texas, Governor's Division of Emergency Management, for funding eligible under the FY2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system, with a city cash match of $449,567.75 for a total project amount of $2,247,838.75, and to execute all related documents. (Attachment # 10) 10.b. Ordinance appropriating $1,798,271 from the State of Texas, Governor's Division of Emergency Management, for funding eligible under the FY2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $449,567.75 in the No. 1061 State and Federal Grant Fund. (Attachment # 10) 10.c. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the cities of Corpus Christi, Portland, Port Aransas, Rockport, and Aransas County to establish the terms for the sharing of the FY2007 Public Safety Interoperable Communications (PSIC). (Attachment # 10) 11. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $487,760 to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding eligible under the COPS 2008 Child Sexual Predator Program. Funds will be used to reduce child endangerment, with a City in -kind contribution of $40,000, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 11) 12.a. Ordinance appropriating $2,234,346 from the Federal Aviation Administration Grant No. 3- 48- 0051 -40 -2008 in the No. 3020 Airport Capital improvement Fund to Rehabilitate Taxiway Systems, Phase II; modify Aircraft Rescue & Fire Fighting (ARFF) Building, Phase 1; construct Perimeter Service Road, Agenda Regular Council Meeting July 8, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Phase I; and construct Maintenance Equipment Building, Phase I at the Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,234,346. (Attachment # 12) 12.b. Ordinance appropriating $2,500,000 from the Federal Aviation Administration Grant No. 3- 48- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to improve Airport Drainage Area VI, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,500,000. (Attachment # 12) 12.c. Ordinance appropriating $2,800,000 from the Federal Aviation Administration Grant No. 3- 48- 0051 -42 -2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiway Systems, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,800,000. (Attachment # 12) 12.d. Ordinance transferring $600,100 from Airport Capital Reserve Fund No. 4611 and appropriating $600,100 into the Airport Capital Improvement Program (CIP) Fund -- Capital Reserve Fund 3020A to rehabilitate Taxiway Systems, Phase II; modify Aircraft Rescue & Fire Fighting (ARFF) Building, Phase I; construct Perimeter Service Road, Phase I; construct Maintenance Equipment Building, Phase I; and improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport; amending the FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $600,100. (Attachment # 12) 13.a. Motion approving the purchase of continuous coverage product maintenance from Sungard Public Sector, of Lake Mary, Florida in the amount of $152,701 ending June 30, 2009 for the Sungard Public Sector suite of application modules. (Attachment # 13) 13.b. Motion approving the purchase of continued annual maintenance costs from Sungard Public Sector of Lake Mary, Florida for the Sungard Public Sector suite of products subject to annual appropriation of funds based on sole source. (Attachment # 13) Agenda Regular Council Meeting July 8, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Ordinance authorizing the City Manager or his designee to execute a one -year lease agreement with Del Mar College for office space on the Del Mar West Campus for the purpose of providing administrative and instructional support to the Fire Academy at a cost of $40,000. (Attachment # 14) 15. Resolution authorizing the City Manager or his designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY2008 -2009 under the Texas General Land Office's cleaning and maintenance assistance program. (Attachment # 15) 16.a. Motion to reinstate the FY2005 and FY2006 Community Development Block Grant (CDBG) funding agreements with Corpus Christi Metro Ministries and to authorize the City Manager or his designee to execute an amendment to extend the term of the agreements through January 31, 2009. (Attachment # 16) 16.b. Motion to reinstate the FY2007 Community Development Block Grant (CDBG) funding agreement with Greenwood - Molina Nursery School, Inc. and to authorize the City Manager or his designee to execute an amendment to extend the term of the agreement through December 31, 2008. (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute a geotechnical services agreement with Kleinfelder, Inc., of Corpus Christi, Texas in an estimated amount not to exceed $100,400 for Cefe Valenzuela Landfill Leachate Ponds Groundwater Monitoring System. (Attachment # 17) J. PUBLIC HEARINGS: ZONING CASES: 18. Case No. 0508 -02, Michael L. Rittcers: A change of zoning from a "R -2" Multiple Dwelling District (14.52 units per acre) to an "A- 2" Apartment House District (36.30 units per acre) on property described as Fitchue Place, Block 1103, Lots 49 through 58, located on the northeast side of 14th Street and approximately 150 feet north of Ayers Street. (Tabled on 06/17/08) (Attachment # 18) Agenda Regular Council Meeting July 8, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Approval of an "A -2" Apartment House District. ORDINANCE Amending the Zoning Ordinance upon application by Michael L. Rittgers, by changing the Zoning Map in reference to Fitchue Place, Block 1103, Lots 49 through 58, from "R -2" Multiple Dwelling District to "A -2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 19. Case No. 0508 -01, Flint Hills Resources, L.P.: A change of zoning from "R-1B" One - family Dwelling District and "A -1" Apartment House District to a "B -1" Neighborhood Business District on property described as Nueces Bay Heights, Block 22, Lots 1 through 20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north and Noakes Street to the south. (Attachment # 19) Planning Commission's and Staffs Recommendation: Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a "R-1B" One - family Dwelling District (Lots 4 -17) and an "A -1" Apartment House District (Lots 1 -3 and 18 -20) each with a Special Permit for a temporary off - street parking lot subject to a site plan and twelve (12) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Flint Hills Resources, L.P., by changing the Zoning Map in reference to Nueces Bay Heights, Block 22, Lots 1 through 20, from "R-1B" One - Family Dwelling District and "A -1" Apartment House District to "R -1 B /SP" One - Family Dwelling District with a Special Permit (Lots 4 -17) and "A -1 /SP" Apartment House District with a Special Permit (Lots 1 -3, 18 -20) to allow a one (1) year temporary off - street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces, subject to a Site Plan and twelve (12) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting July 8, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. Case No. 0508 -04, City of Corpus Christi: A change of zoning from a "F -R" Farm -Rural District to an "1 -2" Light Industrial District on property described as being a 3.24 acre tract of land out of Lots 6 through 10, Block 9, Rodd Village, located south of Yorktown Boulevard and west of the future extension of Rodd Field Road. (Attachment # 20) Planning Commission and Staffs Recommendation: Approval of the "1 -2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to a 3.24 acre tract of land out of Rodd Village, Block 9, Lots 6 through 10, from "F -R" Farm -Rural District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. STREET CLOSURES: 21. Public hearing and First Reading Ordinance to consider abandoning and vacating a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right - of-way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right-of-way; subject to owner's compliance with the specified conditions. (Attachment # 21) K. SPECIAL BUDGET PUBLIC HEARING: 22. Public hearing on Proposed FY2008 -2009 Operating Budget. This budget will raise more total property taxes than last year's budget by $5,150,870 (General Fund $1,635,012, Debt Service Fund $3,098,076, and Special Revenue $417,782), or 7.6 %, and of that amount, an estimated $2,168,689 is tax revenue to be raised from new property added to the tax roll this year. This additional amount is due entirely to increases in property tax valuations and new property added to the tax roll and NOT to any increase of the current tax rate of $.563846. (Attachment # 22) Agenda Regular Council Meeting July 8, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. REGULAR AGENDA (NONE) (RECESS REGULAR COUNCIL MEETING) M. MEETING OF CITY CORPORATION: 23. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ( CCCIC): (Attachment # 23) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING Date: Tuesday, July 8, 2008 Time: During the meeting of the City Council beginning at 10:00 a.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President John E. Marez calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John E. Marez, Pres. George K. Noe, General Manager Melody Cooper, Vice Pres. Armando Chapa, Secretary Larry Elizondo, Sr. Mary Juarez, Asst. Secretary Henry Garrett Cindy O'Brien, Treasurer Mike Hummel! Constance Sanchez, Asst. Treas. Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez 3. Approval of the minutes of May 27, 2008. 4. Approval of the financial report. 5. Motion to reinstate the FY2005 and FY2006 HOME funding agreements with Corpus Christi Metro Ministries and to authorize the CCCIC General Manager or designee to execute an amendment to extend the term of the agreements through January 31, 2009. Agenda Regular Council Meeting July 8, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion authorizing the CCCIC General Manager or designee to extend the HOME loan terms from 30 months to 30 years, with interest compounded annually at the higher rate of 5.00% or AFR upon loan closing, with interest and principal payments payable only from annual surplus cash flow. 7. Public Comment. 8. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) N. PRESENTATIONS: (NONE) O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12 :00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete inglos- espanol en la reunion 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. Agenda Regular Council Meeting July 8, 2008 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 24. Executive session under Texas Government Code Section 551.071 regarding Cause No. 07 -478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and action related thereto in open session. 25. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. Q. 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 a.3o p.m., on July 2, 2008. Armando Chapa City Secretary 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 Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 wat Develop Street Plan Texas A &M University — Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez* Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez *Arrived at 10:09 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 17, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Buddy Murphrey and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * ** * * * * * * ** Mayor Garrett referred to Item 1 and the following board appointments were made: Community Youth Development (78415) Program Steering Committee Mary Ann Rojas Food Service Advisory Committee Dr. Nina Sisley (Reappointed) Cheri Sperling (Reappointed) Park and Recreation Advisory Committee Lisa Ann Torres (Appointed) Ron Woods (Appointed) Water Resources Advisory Committee Frank C. Brogan (Reappointed) Mary K. Fant (Reappointed) Leland R. Johnson (Reappointed) Ruth Blake (Reappointed) Tanya Hayden (Appointed) C.C. Regional Transportation Authority Judy Telge (Reappointed) John F. Longoria (Reappointed) John Valls (Reappointed) Vangie Chapa (Appointed) Mary Saenz (Appointed) Landmark Commission Sister Anne Brigid Schlegel (Appointed) * * * * * * * * * * ** Minutes — Regular Council Meeting June 17, 2008 — Page 2 Mayor Garrett referred to Item 2 regarding the completion of the overview of the proposed FY2008 -2009 budgets for the General Fund. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the expenditures by function for the Engineering, Streets, and Solid Waste Departments; Solid Waste Services fee increases; three (3) options to deliver and offer Solid Waste Services; the consideration of the Solid Waste Department as a Special Revenue Fund; the pro's and con's of the Solid Waste Department as an Enterprise Fund; and the consideration of the Solid Waste Department as an Enterprise Fund. Council members asked questions regarding the net increase in full time equivalents; the number of positions vacant or froze; the elimination of the Director of Streets & Solid Waste; whether the Public Information Office was ever a separate department; whether personnel costs included the minimum wage increase; street striping; the current timeframe for resurfacing Ocean Drive; the contractor for Ocean Drive and any performance guarantees; whether the contractor has provided a dollar figure for extending the overlaying work on Ocean Drive; the overlay cost for Buford to Elizabeth Street; whether the proposed 41 eliminated positions in Solid Waste are current staff or temporary employees; whether there are 41 positions in other departments for placement of the eliminated Solid Waste positions; how Solid Waste will handle once a week garbage on holidays; whether the Solid Waste budget takes into consideration personnel overtime for working on holidays; whether there will be a rate increase for Solid Waste if Option 1 is considered; issuing larger recycling bins; the total number of eliminated positions in the budget; the percentage of the routes collected by the automated system versus manual pickup; the size of the carts; the cost of carts to the City; whether twice a week garbage pickup on one side of the street has been considered; the pilot program in Flour Bluff for once a week pickup; whether there will be additional trips to the landfill with once a week pickup because of load capacity; whether Solid Waste is currently filling trucks completely before going to the landfill; the fuel savings from 2009 -2011 for Solid Waste; whether staff has done a study of the effect that trucks have on streets; the cost savings for Option 2; additional costs for out of town processing; calculations for extending the life of the landfill because of increased recycling; the major factors for increasing budget costs; the difference between six days of services versus five days of service for Solid Waste; the reason that Option 3 pushes more recycling; and the time frame for brush pickup. Dr. McCutchon requested that staff provide a proposal for quarterly brush pickup and the associated savings. Mayor Garrett directed staff to provide information regarding the City of Piano's recycling initiatives program with the school district. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Heidi Hovda, member of the Arts and Cultural Commission, requested that the Council consider maintaining the current funding for the Arts and Cultural Commission. Carlos Torres, Corpus Christi Firefighters Association, asked the Council to meet with the City Manager and give direction to settle the contract with the Firefighters Association. Mr. Torres also spoke regarding the increase in insurance premiums. A brief discussion ensued regarding the contract negotiations and insurance. Council Member Kelly requested a comparison of the firefighter's insurance plan to the other employee plans. Mike Staff, Corpus Christi Police Officers Association, expressed concern regarding the increase in health care premiums for the police officers. Kim Slusarz, 153 Martha Drive, spoke regarding the importance of Cole Park and the attendant positions at the Skate Park. Ms. Slusarz asked the Council not to consider running the Skate Park without attendants. Patty Nuss, 225 Bayridge, thanked the Council for their support of the Art Center and requested that the Council consider increasing the Art Center budget by 10% for a total amount of $33,000. J.E. O'Brien, 4130 Pompano, spoke regarding -2- Minutes — Regular Council Meeting June 17, 2008 — Page 3 increased rates in the proposed budget; garbage pickup; and the fund balance for the general fund. Rolando Garza asked the Council to consider delaying the action on Item 8 regarding public access. Joan Veith, 5701 Cain Drive, spoke in support of increasing the firefighter's salaries. Jesse Noyola, 4421 Bluefield, asked the Council to provide the firefighters with a pay raise. * * * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 16. Executive Session under Texas Government Code Section 551.071 regarding Cause No. 07 -478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and action in open session. 17. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 16. MOTION NO. 2008 -151 Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben, Woosley & Villarreal, L.L.P. to provide legal representation to the City of Corpus Christi, and the law firm of Canales & Simonson to provide legal representation to the City employee defendants, in Case No. 07-478, Anna Robledo et al vs. City of Corpus Christi et al, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. * * * * * * * * * * * * * Mayor Garrett returned to Item 2 regarding the completion of the overview of the proposed FY2008 -2009 budgets for the General Fund. Assistant City Manager Oscar Martinez completed the budget presentation with the pro's and con's of Solid Waste Services as an Enterprise Fund. Dr. McCutchon made a motion to direct staff to bring back a recommendation for maintaining the current number of code enforcement officers and to find funding for two additional officers. The motion was seconded by Mr. Marez and passed. Council members asked questions regarding the decrease in telecommunication and electric franchise fees; the decrease in administrative support and grant indirect cost recovery; the decrease in investments; the person that handles the City's investments; the increase in emergency call revenues; whether the City has in -house collections for emergency fees; the company that handles the collection of emergency fees; the projected increase in property taxes and other taxes; the customer convenience fee; the Director of Intergovernmental Relations position; how the Director of Intergovernmental Relations was reflected in the budget; the responsibilities of the Chief of Staff; the incumbent of the Chief of Staff position; the fire department expenditures; and whether insurance costs are included in the Fire Department budget. Mr. Kelly made a motion directing staff to provide recommendations on how to restore the Sister City Budget by $18,000. The motion was seconded by Ms. Cooper and passed. -3- Minutes — Regular Council Meeting June 17, 2008 — Page 4 Mayor Garrett referred to Item 3 regarding the Bond Issue 2008 Project Recommendations. City Manager Noe referred to a powerpoint presentation including a background; the Bond 2008 process; financial parameters; project priorities; initial projects proposal; overview of the Bond propositions; breakdown of streets; list of recommended street reconstruction /expansion; Texas Department of Transportation ( TXDOT) matches; paving assessments; list of overlay projects; downtown streets; public health and safety projects; public facilities projects; park and recreation projects; the Bayfront Master Plan; other projects being considered; and the process going forward. Council members asked questions regarding whether the repairs to Bear Lane are only for street repairs or street and infrastructure; the use of utility funds for additional funding; the incorporation of short term notes; the feasibility for paying long term costs for utilities; the justification for including Phase 3 of the Bayfront Plan when Phase 1 has not began; the status of the Bayfront Plan — Phase 1; when construction will begin on Bayfront Plan — Phase 1; whether repairs were done in the MansheimlSunnybrook area; whether Aquarius Street is connecting two developed area; whether Aquarius Street is the type of road that the City would requesta developer to put in; whether the money that is proposed for Aquarius Street is for cost sharing with the developer or the City doing the full construction; public safety responses for the development around Aquarius Street; the expansion of Williams Street from Staples to Airline; whether there is a need for development on Gollihar off Staples Street; other streets and projects that didn't make the list; the cost summary for Aquarius Street; plans for the bridge going to Laguna Shores; TXDOT matches for the bridge; Ocean Drive as a TXDOT project; whether utility lines will be included with the downtown street work; underground infrastructure for downtown street; whether the air conditioning system is included in the renovations for the Health Department; whether the City can ask the County for assistance with the Health Department building; the usage at the Greenwood Softball field; whether activities at the Greenwood Complex could generate revenue; whether the other projects being considered would take funding from other projects or increase the Bond package; improvements at Bill Witt Park; market demands and an impact analysis for the North Beach plan; drainage projects; how the City will address Palmira Street; a list showing how the projects were prioritized; options for widening Flato Road from Bear Lane to past Bates Street; and Robert Street between Ocean Drive and Gains Street. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 11 regarding the approval of the FY2008 -2209 budget for the Crime Control and Prevention District. Police Administration Manager Pat Eldridge explained that this item is for the approval of the Crime Control Budget as it was presented at the public hearing on Tuesday, June 10th. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION NO. 027725 Resolution approving the FY 2008 -2009 Budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Minutes — Regular Council Meeting June 17, 2008 — Page 5 * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (items 4 - 8). City Secretary Chapa announced that Council Member Leal would abstain from the discussion and vote on Item 5. There were no comments from the public. Council members requested that Items 5, 6, and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4.a. ORDINANCE NO. 027721 Ordinance authorizing the City Manager or his designee to execute a lease agreementwith Bayfest, Inc. for Bayfest 2008 and related activities to allow use of the Memorial Coliseum parking lots and McCaughan Park from September 16 — October 1, 2008; provide for Bayfest Inc. paying 50% of police costs and 100% of all other city costs. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 4.b. MOTION NO. 2008 -148 Motion approving an admission fee for Bayfest 2008 of $7.00 per day for adults and $3.00 per day for military, seniors, children between the ages of seven to twelve, and persons with mobility- assistance devices. Children ages six and under are admitted free. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 7. ORDINANCE NO. 027723 Ordinance amending the Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57- 105, Neat and Clean Appearance of Drivers, to allow drivers to wear shorts during the month of September and to amend the sliding scale for rates of fare based on fuel price found in Section 57 -135. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Mayor Garrett opened discussion on Item 5 regarding the resale of twenty -seven properties. Council Member Kelly asked whether this item was for the acquisition of lots for infill development. Director of Financial Services Cindy O'Brien stated that two of the properties are being purchased by the Nueces County Community Action Agency and 11 are in discussions with Neighborhood Services to place affordable housing on these properties. In response to Mr. Kelly, Ms. O'Brien said that 11 of the properties are being purchased by a private developer. City Secretary Chapa polled the Council for their votes as follow: 5. ORDINANCE NO. 027722 Ordinance authorizing the resale of twenty -seven (27) properties for $86,200 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $9,499.81, plus $13,029.90 for partial payment of City paving and demolition liens. -5- Minutes — Regular Council Meeting June 17, 2008 — Page 6 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal abstained; Hummell was absent. Mayor Garrett opened discussion on Item 6 regarding the Laguna Madre Service Area Collection System Rehabilitation, Phase 2 — Caribbean Drive/Waldron Road Improvements. Council Member Martinez acknowledged the efforts of staff for handling the minor bid irregularity on this project. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2008 -149 Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $953,748.40 for the Laguna Madre Service Area Collection System Rehabilitation, Phase 2 — Caribbean Drive/Waldron Road Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Mayor Garrett opened discussion on Item 8 regarding an amendment to the Rules and Procedures for Public Access. In response to Council Member Marez, Interim Director of E- Government Services Annie Leal explained that Time Warner is requesting a change in the delivery of tapes and did not indicate a reason for the change. Ms. Leal added that the Cable Commission received the request from Time Warner and voted unanimously. Mr. Marez asked questions regarding whether Grande Communications airs the same material on public access as Time Warner and how that process works. Assistant City Attorney Lisa Aguilar explained that Grande Communications has an agreement with Time Warner to link and receive the signal for public access. City Secretary Chapa polled the Council for their votes as follows 8. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for publication; and providing for an effective date of July 1, 2008. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0408 -08, Goldie Teltschick: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District on property described as being a 32.5 foot by 28 foot tract of land out of Lot 6, in Block 1, Brown -Lex Tract Subdivision, located along South Padre Island Drive, approximately 700 feet northwest from the intersection of Old Brownsville Road and South Padre Island Drive. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light Industrial District with a Special Permit for the installation and operation of one (1) 2,000 gallon above ground fuel storage -6- Minutes — Regular Council Meeting June 17, 2008 — Page 7 tankforthe on -site fueling of company vehicles and rental equipment subject to a site plan, and final approval of the Fire Marshal and Zoning Board of Adjustment. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027724 Amending the Zoning Ordinance, upon application by Goldie Teltschick, as agent of Michael R. Silberstein, Trustee, by changing the Zoning Map in reference to a 32.5 foot by 28 foot tract of land out of Brown -Lex Tract Subdivision, Block 1, Lot 6, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow for location and operation of a 2,000 gallon above ground divided unleaded gasoline and diesel fuel storage tank for the on -site refueling of company vehicles and rental equipment, subject to a site plan and subject to final approval by the Corpus Christi Fire Marshal and the Zoning Board of Adjustment; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Marez, voting "Aye "; Hummel' and Martinez were absent. Mayor Garrett referred to item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0508 -02, Michael L. Rittgers: A change of zoning from a "R -2" Multiple Dwelling District (14.52 units per acre) to an "A -2" Apartment House District (36.30 units per acre) on property described as Fitchue Place, Block 1103, Lots 49 through 58, located on the northeast side of 14'h Street and approximately 150 feet north of Ayers Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of an "A -2" Apartment House District. Assistant Director of Development Service Faryce Goode -Macon referred to a powerpoint presentation including an area location map; neighborhood location map; the subject case area; the existing land use map; 2007 aerial photo; another perspective aerial photo; "R -2" Multiple Dwelling District requirements; "A -2" Apartment House District allowances; view of subject property; future land use map; ownership notification and map; and staff and planning commission's recommendation. Rix Musslewhite, representative of the neighborhood, spoke in opposition to the zoning case and raised several concerns including changing the zoning to high density and the loss of property value. Mr. Musslewhite added that originally there was no site plan for the property. Mr. Musslewhite also provided pictures delineating the applicant's lack of management at his other properties. Mike Rittgers, 2829 Quebec, presented a site plan and explained that the planned development of the property included the new construction of a two -story apartment complex with one and two bedrooms. Mr. Rittgers added that the neighborhood is in need of additional housing. Minutes — Regular Council Meeting June 17, 2008 — Page 8 Council members asked questions regarding whether "A -2" zoning allowed for three story structures; whether the existing zoning allowed for three story structures; whether only property owners can object to the zoning change; the applicant's plan to work with the neighborhood; whether the applicant can change the use of the property once the zoning is approved by Council; whether staff investigates the applicant's other properties; the number of properties the applicant owns; how long the applicant has owned the other properties; the location of the applicants other properties; the false information the applicant said was provided to the neighborhood; and whether a site restriction could be placed on the development. Mr. Kelly asked Mr. Musslewhite if he could organize a neighborhood meeting to allow Mr. Rittgers to explain the use of the property to the neighborhood. Mr. Musslewhite responded in the affirmative. Mr. Kelly made a motion to table Case No. 0508 -02 until the July 8th meeting. The motion was seconded by Ms. Cooper and passed. Mr. Hummel) made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 10. TABLED TO JULY 8, 2008 - Zoning Map in reference to Fitchue Place, Block 11-04, Lots 19 through 58, from "R 2" * * * * * * * * * * * ** Mayor Garrett opened discussion on Item 12 regarding the process to select a new City Manager. Director of Human Resources Cynthia Garcia provided a brief presentation on a typical executive search including the development of a project plan; development of a profile; •recruiting; evaluation of the candidates; and negotiation of a package. Ms. Garcia recommended hiring a search firm to assist with the process. Council members asked questions regarding whether Water - Oldani submitted a proposal; if the City has used Ralph Anderson and Associates or the Waters - Oldani for previous executive searches; a suggested number of finalists; whether it is unreasonable to have a candidate by the middle of August; whether the search firm or Human Resources conducts the screening of applicants for the interview phase; whether discussion by the Council would have to be done in executive session; public disclosure of information; a rating system or matrix; whether there is new legislation that allows the City Council to keep resumes confidential during a hiring process; consideration of other search firms; whether staff is familiarwith other communities around the state that have recently done a city manager search; the firm used by the City of Austin; whether the City of San Antonio has recently done a city manager search; whether the profile developed by Human Resources can be provided to an outside firm to speed up the process; the salary range; the amount of time to receive formal proposals; and the process for receiving informal bids and the timeframe. Mayor Garrett directed staff to include the current City Manager's salary on the City Manager profile and state that the salary would be negotiable at the time of hiring. Mr. Marez made a motion to authorize the Mayor to evaluate proposals, select a consultant firm, and enter into a contract to select the new City Manager in an amount not to exceed $35,000. The motion was seconded by Ms. Cooper. Minutes — Regular Council Meeting June 17, 2008 — Page 9 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2008-150 Motion authorizing the Mayor to evaluate proposals, select a consultant firm, and enter into a contract to select the new City Manager in an amount not to exceed $35,000. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Marez, and Martinez, voting "Aye "; Leal and McCutchon voting "No" * * * * * * * * * * * ** Mayor Garrett referred to Item 14 regarding an update on the Northside Redevelopment Plan. Jim Hill, Civic Design Associates, referred to a powerpoint presentation including the assignment; the process; the project area; prior planning efforts; the current zoning map; project area photos of the Hillcrest neighborhood, the industrial encroachment, and Washington Coles; project area conditions; ownership status; demographic profile; major projects impacting the area; FEMA flood insurance rate map; the acceptable separation distance; property owner survey; key observations; stakeholder interviews; and constraints and opportunities. Council Members asked questions regarding the percentage of renters in the area; whether the Hillcrest area is large enough to be a viable neighborhood; whether businesses could survive in the area if housing improved; raising the demographics; the process for Phase II; whether developers will be contacted in Phase II; whether Hillcrest and Washington Coles will have two different plans; and the location of the Broadway Wastewater Treatment Plan. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:58 p.m. on June 17, 2008. * * * * * * * * *** ** PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez* Council Members: Melody Cooper Larry Elizondo, Sr. ** Mike Rummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez * ** *Arrived at 10:37 a.m. * *Arrived at 10:05 a.m. ** *Arrived at 10:02 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 24, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe Assistant City Attorney Jay Reining City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Garrett and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of June 10, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 - 16). Ms. Pat Suter requested that Item 4 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 15 be pulled for individual consideration. Council Member Kelly requested that Item 4 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 027726 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City or Corpus Christi and Nueces County to establish terms for the sharing of the 2008 Edward Byrne Justice Assistance Grant (JAG) Program Award. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. Minutes — Regular Council Meeting June 24, 2008 — Page 2 2.b. RESOLUTION NO. 027727 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $73,850 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2008 Edward Byrne Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 3.a. RESOLUTION NO. 027728 Resolution authorizing the City Manager or his designee to accept two grant amendments, totaling $115,750, from the Texas Department of State Health Services for the Women, Infants, and Children (WIC) program, with changes as follows: (1) an increase in the reimbursement rate to $11.83 per participant served, resulting in an additional $15,250 in program income, and (2) additional funds of $100,500 for supplies, equipment, travel, bathroom renovations, and the purchase of a modular building, subject to further approval of the State of Texas and the U.S. Department of Agriculture (USDA); and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 3.b. ORDINANCE NO. 027729 Ordinance appropriating two grant amendments, totaling $115,750, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children (WIC) program as follows: (1) $15,250 in program income due to a change in the reimbursement rate per participant served, and (2) $100,500 in additional funding for State and federally- approved program expenses. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo and Marez were absent. 5.a. RESOLUTION NO. 027732 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the grant from the Coastal Bend Diabetes Initiative, Inc. in the amount of $8,350 for the healthy living program for youth known as Sajai Wise Kids Program at Latchkey sites and recreation centers. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. Minutes — Regular Council Meeting June 24, 2008 — Page 3 5.b. ORDINANCE NO. 027733 Ordinance appropriating a $8,350 grant from the Coastal Bend Diabetes Initiative, Inc. in the No. 1067 Parks and Recreation Grant Fund for the healthy living program for youth known as the Sajai Wise Kids Program at Latchkey sites and recreation centers. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 7. ORDINANCE NO. 027735 Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Santa Fe Soccer League, a non - profit organization, for the use of North Pope Park and South Pope Park for its soccer program in consideration of Santa Fe Soccer League maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 8. ORDINANCE NO. 027736 Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Corpus Christi United Little Miss Kickball, Inc. (CCULMK) a non - profit corporation, for the use of Bill Witt Park for its kickball program, in consideration of CCULMK maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 9. ORDINANCE NO. 027737 Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Great Western Soccer League, a non - profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 10. ORDINANCE NO. 027738 Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with South Texas Association for Radio Controlled Automobile Racing, Inc. ( "STARCAR ") for the use of Bill Witt Park in consideration of STARCAR maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummel, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. —13- Minutes — Regular Council Meeting June 24, 2008 — Page 4 11. RESOLUTION NO. 027739 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Nueces County, Texas for City of Corpus Christi, Texas to provide Lifeguard Services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by County. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 12. RESOLUTION NO. 027740 Resolution approving the First Amendment to Corpus Christi Business and Job Development Corporation's Agreement to grant Business Incentives to Texas A&M University — Corpus Christi for the retention of jobs. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 13. RESOLUTION NO. 027741 Resolution approving the First Amendment to Corpus Christi Business and Job Development Corporation's Agreement to grant Business Incentives to Del Mar College for the retention of jobs. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 14. MOTION NO. 2008 -152 Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas in the amount of $189,600 for the Water Facilities Power Adjustment. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. 16.a. MOTION NO. 2008 -153 Motion to amend prior to second reading Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding Rules and Procedures for Public Access Cablecasting, to change program deadline day from Friday to Wednesday in Sections 2 and 6, prior to second reading. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. Minutes — Regular Council Meeting June 24, 2008 — Page 5 16.b. ORDINANCE NO. 027743 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for publication; and providing for an effective date of July 1, 2008. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. Mayor Garrett opened discussion on Item 4 regarding a grant application to the Coastal Bend Council of Governments. Pat Suter, 1002 Chamberlin, explained that she opposed this item because she does not believe that recycling should be combined with anti -litter education. Ms. Suter also spoke regarding the project summary; previously awarded grants provided to the Solid Waste Department; and the Clean Cities Committee. Council Member McCutchon asked whether there was a way to effectively separate the two projects. Assistant Director of Streets & Solid Waste Services Lawrence Mikolajczyk stated that the grant proportionately gives money to promote the different functions of the department. City Manager Noe explained that the emphasis of the grant is on education and funding education materials. Council Member McCutchon asked whether the recycling committee was formed; the name of the committee; and the role of the Chamber of Commerce representative on that committee. Mr. Mikolajczyk said that staff is still receiving applications for the Clean City Advisory Committee. Mr. Noe stated that the role of the Chamber of Commerce member is to focus on business participation on recycling programs. Council Member Kelly asked whether there would be a market for paper and plastic products if the City dramatically increased the recycling capacity. Council Member McCutchon said there was a company opening to handle recycling. Mayor Garrett asked a question regarding the status on commercial recycling. Mr. Mikolajczyk stated that commercial recycling is offered by the commercial haulers Allied Waste.and C.C. Disposal and that there are currently two processing centers. Council Member Martinez asked for the percentage of recycling received between businesses and residences. Mr. Mikolajczyk explained that the City only recycles for residences. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 027730 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $25,000 for Recycling and Anti -Litter Education. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Martinez, voting "Aye "; Marez was absent. 4.b. RESOLUTION NO. 027731 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $6,000 for three events to be held in 2008 -2009: Recycled Art Contest open to school children in Grades K -6; Christmas Tree Recycling Event; and the 2008 Clean Air Fair. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Martinez, voting "Aye "; Marez was absent. Minutes — Regular Council Meeting June 24, 2008 — Page 6 Mayor Garrett opened discussion on Item 6 regarding the Ziegenbock Music Festival. Council Member Kelly asked questions regarding the Ziegenbock event; when the event will be held; the type of music; and the charity assistance. Matt Peveto, Mustang Music Group, provided background information on the Ziegenbock Festival and stated that the event would be held on July 25th and 26th. Mr. Peveto said the music for the event is Texas Country and the event will raise money for local charities. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 027734 Ordinance authorizing the City Manager or his designee to execute an use permit agreement with Matthew Peveto d.b.a. Mustang Music Group for use of Corpus Christi Beach during July 21 through July 29, 2008 for ZiegenBock Music Festival; providing for payment of 100% of all City costs, plus $5,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Mayor Garrett opened discussion on Item 15 regarding the Northside Redevelopment Plan. Bill Kopecky, 3609 Topeka, questioned the source of funding for the planning study. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 027742 Ordinance appropriating $60,800 from unappropriated settlement proceeds in the No. 3160 City Hall Capital Improvement Program (CIP) Fund, transferring to and appropriating in the No. 4670 Development Services Fund for Consultant Services for the Performance Improvement in the Northside Redevelopment Plan Project, Phase II; changing the FY2007- 2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $60,800; changing the FY2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing revenues and appropriations by $60,800 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent. Mayor Garrett referred to Item 17 regarding an overview of proposed 2008 -2009 budgets for Internal Services /Special Revenue /Debt Service funds. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the list of internal service funds; the summary of fund balances for the internal service funds; internal service funds full time equivalents; major revenues and expenditures by function for Stores, Maintenance Services, Municipal Information System, Engineering, Liability & Employee Benefits Group Health, Liability & Employee Benefits General Liabilities; Liability & Employee Benefits Workers' Compensation, and Liability & Employee Benefits Administration; special revenue funds summary; special revenue funds full time equivalents; and the major revenues and expenditures by function for Special Revenue Funds, Hotel Occupancy Tax (HOT) Fund, and Development Services. Council members asked questions regarding whether the budget included adjustments for staffing Engineering Services; whether there is a charge for the internal service departments providing services to other departments; how services are billed and paid by departments; whether the Print Shop generates revenue; whether in -house printing is less expensive than outsourcing —16- Minutes — Regular Council Meeting June 24, 2008 — Page 7 printing; how payment for internal services is reflected in the budget; whether it would be beneficial to reflect net out transfers in the budget; whether the Engineering Department generates revenue; whether the City calculates and keeps track of the work done by the City engineers; the allocation of Engineering Services; whether the Engineering Department has the flexibility to shift funds around to cover the costs of projects; tracking charges for engineering projects; whether staff anticipates any surprises on air conditioners that may fail; whether the air condition at the Public Health Department is addressed in the budget; if paying salaries from the proposed Bond 2008 is reflected in the budget; the number of employees the Engineering Department anticipates on hiring with the $1 million savings; whether the actuarial information on the health premiums was made available to the Fire and Police Associations; projections for GASB 45; the increase in stop loss insurance; the amount of money invested on employee safety; subsidy to the Convention Center; how the funds can be used in the Seawall Improvement Fund; visitors' facility expenditures; convention promotion; the HOT expenditures for debt service; whether the plan review process for Development Services is done in- house; and the cost for sending out the plan review process to outside consultants. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Johnny French, 4417 Carlton Street, spoke regarding the Packery Channel parks. Pat Suter, 1002 Chamberlin, said the Park and Recreation is doing a good job operating the parks. Ms. Suter requested that Council increase the Park and Recreation Department budget for park maintenance. Lazaro (Larry) Quintanilla spoke regarding charging residents for drainage fees. Mike Staff, 3122 Leopard, stated that the Corpus Christi Police Officers Association and the Corpus Christi Firefighters Association have hired a third party consultant to make an assessment on the increases in health premiums. Mr. Staff said that the association has not received all of the requested information from staff regarding the actuary's findings. Mr. Staff asked the Council to make a motion to table discussion and/or vote on the health insurance plans until the association has received correspondence from their consultant. A brief discussion ensued regarding the requested information. Carlos Torres, President of the Corpus Christi Firefighters Association, stated that he was disappointed that the firefighter contract negotiations were not placed on today's agenda. Mr. Torres also asked for support to make a motion to table the insurance item until their consultant provided a review of the actuary information. Ellen Murry, Sister City board member, requested that the budget for the Sister City Committee be restored to the current level of funding. Mikaela Murry, Sister City participant, spoke regarding the benefits of the Sister City Exchange Program. Marco Gamboa, Jody Patel, Tisha Mende, and Cheryl Grundy stated that they all represented major properties along the seawall and have concerns about the safety and enforcement of the area. They stressed that Option 4 addressing the safety issues on the beach area in front of the seawall is not a valid option. Bob Algeo, 15629 Three Fathoms Bank Drive, spoke regarding the safety issues on the seawall. Gladys Choke, 15321 Cartagena Court, said the seawall is not safe for vehicles and that there is no enforcement on the beach. Ms. Choke suggested that the option for vehicular traffic near the seawall be placed on the ballot. J.E. O'Brien, 4130 Pompano, spoke regarding the ending balance of funds for the last ten years listed in the City's Annual Financial Report and bond ratings. Andrew DuArte, 1203 Van Loan Avenue, said that the field on Haven Drive is being underutilized and asked the Council to consider allowing War Cat Youth Football League to take over or share this field. Angie Ramos, 6910 Aswan Drive, thanked the Council for their support of the Institute de Cultura Hispanica. Dora Garza, Museum Director for the Institute de Cultura Hispanica, expressed appreciation to the Council for funding for the museum. * * * * * * * * * * * * * -17- Minutes — Regular Council Meeting June 24, 2008 — Page 8 Mayor Garrett announced the executive session, which was listed on the agenda as follows: (Items 24 and 25 were withdrawn.) 23. Executive Session under Texas Government Code Section 551.087 to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. in open Hessian. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 23. MOTION NO, 2008 -154 Motion authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement for Economic Development Incentives between Sam Kane Beef Processors, Inc. and the City of Corpus Christi, which was approved by the City Council on December 19, 2006, to modify the repayment terms. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon voting "No ". (Ms. Leal and Mr. Marez were originally absent during the vote on Item 23. There was a consensus of the Council to allow Ms. Leal and Mr. Marez to record their votes.) * * * * * * * * * * * ** Mayor Garrett returned to Item 17 regarding an overview of proposed 2008 -2009 budgets for Internal Services /Special Revenue /Debt Service funds. Assistant City Manager Oscar Martinez referred to the powerpoint presentation including the major revenues and expenditures for Development Services and Visitors' Facilities; summary of the projected balance for the Reinvestment Zone Number Two; debt service obligations; and the Debt Services major revenues and expenditures. Council members asked questions regarding administrative service costs in the visitors' facilities fund; how the MIS services are reflected for the arena; whether the RIZ #2 projections include the construction of amenities; if the TIF was designed to assist with funding infrastructure in the zone; whether the TIF includes Tortuga Dunes, Zahn Road and/or Aquarius Drive; the boundaries of the TIF; whether the TIF guidelines included dredging; the timeframe for adjusting the cost for dredging; whether the approved tax notes are considered certificates of obligation and are reflected in the debt services obligations; whether there are any other debts that are not reflected on the debt service obligations; Nueces River Authority Bonds; seawall improvement debt services expenditures; the amount of sales tax collected for the seawall; the liability left on the note for the seawall; the principal amount for the seawall; the call date for the seawall; the total amount of the debt services funds; seawall repairs; and the budget public hearing. Minutes — Regular Council Meeting June 24, 2008 Page 9 Mayor Garrett referred to Item 18 regarding an overview of the proposed FY2008 -2009 budgets for the Enterprise fund. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the summary of fund balances for enterprise funds; summary of working capital for enterprise funds; utility capital improvement projects; utility debt services with revenue bond and refunding debt; total utility debt services; customer growth rates for utility funds; gallons of water consumed; cost of purchased water from Lake Texana; an analysis of sample water bills; gas consumption; wastewater sample billing; full time equivalents, major revenues and expenditures for Water, Gas, Wastewater, Storm Water, Airport, Golf, and Marina; and the budget calendar. Council members asked questions regarding the reason the Golf Fund is in the negative; customer growth rates; projections for water consumption; the daily water usage from the pipeline; whether the City is currently under a water advisory; capital outlay for underground storage tanks; educating the public on the storm water rates; whether the City is getting the best deal for gas; a comparison of gas prices with Austin and San Antonio; the number of years left for the natural gas supply contract; the contract price for gas; whether the City charges differently for large volume gas customers; when the City anticipates doing a rate study for gas; the company that the City purchases gas from; tenants for the industrial park; golf cart rental deposit; slip rentals; the Texas International Boat Show projects; marketing efforts; whether the additional advertising dollars for the Marina were included in this years allocation; plans to repair Piers M and R; the transfer to general fund non - department expenditures in the Marina fund; internal services allocations and transfer out expenditure classifications for the Marina; and whether the paving of the Marina was charged back to the Marina. * * * * * * * * * * * * * Mayor Garrett referred to Item 19 regarding an update on the activities of the City Council Memorial Coliseum Committee. Council Member Hummel) provided the following information on the activities of the committee including arranging for the consultant to put together a marketing package designed to generate private interest in the Coliseum property; using the demographic information from the Downtown TIF; preparing the Request for Proposal (RFP) process; and final Council review. Council Member Martinez provided a time line for the market analysis; feasibility analysis; economic impact; issuing Request for Qualification (RFQ); receiving RFP; review of the RFP; and presentation to the City Council. In response to Mayor Garrett, Council Member Martinez stated that the Council will have the final presentation by the end of November. Council Member John Marez thanked Council Members Hummel) and Martinez and the City staff for their hard work on this project. Mayor Garrett referred to Item 20, a presentation on the discussion regarding safety issues on the beach area in front of the Padre Island Seawall. City Manager Noe referred to a powerpoint presentation including the current profile of the beach area; space requirement for vehicular operations; current situation; long -term solution; short term alternatives; an illustration of beach access; and recommendation. Council members asked questions regarding the reason the Texas General Land Office (GLO) denied the request to set the direction of traffic flow; whether the City will need approval from the GLO for Option 3; the consequences for running someone over on the beach; whether the City has the authority to increase penalties; whether traffic is currently one -way south; driving down the length of the seawall;, whether the City needs approval from the GLO for placing signs on the seawall; whether bollards can be placed at the north end of the seawall; the reason that signs and bollards have not been placed at 25 feet; and the language in the ordinance allowing for temporary closure of the beach from vehicular traffic. _19- Minutes — Regular Council Meeting June 24, 2008 — Page 10 City Manager Noe stated that staff would develop a plan for installing bollards and appropriate signage. Mayor Garrett directed staff to increase enforcement at the seawall. Mayor Garrett referred to Item 22 regarding a report on City Youth League leases and recommended changes. Director of Parks and Recreation Sally Gavlik referred to a powerpoint presentation including the types of youth ball field leases; league requirements; concerns with current lease program; Westside Baseball Little League; International Westside Pony Baseball; recommendations for current concems; recommendations for all of the leases; and recommendation of a pilot program at the new South Guth Park. Council Member Leal provided pictures of the maintenance problems existing at Westside Baseball Little League. Ms. Leal also provided pictures of the well maintained fields and bleachers at International Westside Pony Baseball League. Council members asked questions regarding how staff evaluates and reviews leases for renewal; potential problems with the pilot program at the new South Guth League; whether activities will occur at the South Guth League during off - season; the RFP process; the increase in teams at the International Westside League; and the baseball fields that received Community Development Block Grant (CDBG) funding. Council Member Leal made a motion to direct the City Manager to begin proceedings to terminate the lease agreement with Westside Baseball Little League and to begin proceedings to award this lease agreement to International Westside Pony Baseball League. The motion was seconded by Mr. Marez. Assistant City Attorney Reining stated that Ms. Leal's motion violated the Open Meetings Act because the motion was not published as an action item. There was a general consensus of the Council to place this item on the agenda for future action in the next two weeks. Mayor Garrett referred to Item 21 regarding the third quarter report of the Health Benefit/Risk Management Fund. Director of Human Resources Cynthia Garcia referred to a powerpoint presentation including plan enrollment; total medical and pharmacy expenses; total medical expenses paid including stop loss reimbursement; total medical expenses by plan; total pharmacy expenses by plan; cost per member performance; workers' comp claims comparison; workers comp costs performance; workers comp paid on prior year claims; general liabilities performance claims count; general liabilities incurred cost; general liabilities paid on prior year claims; and city vehicle accidents status. Council members asked questions regarding the cost per member increases; whether there was an option to include individuals that have exceeded the lifetime maximum of $1 million in the new plan for $2 million; and if the amount provided for the cost per member performance is the amount the City pays. • * * * * ** * * ** * * * There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:42 p.m. on June 24, 2008. * * * * * * * * * * * ** 2 CLEAN CITY ADVISORY COMMITTEE (NEW COMMITTEE) — Nine (9) vacancies with terms to 7 -8 -09 and 7 -8 -10 representing the following categories: 1 — educator in a primary, secondary, or high school within the City, 1 — member of a local Chamber of Commerce, 1 — commercial solid waste hauler, 1 — member of the Beautify Corpus Christi Association, and 5 — community at large representatives. (Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years.) DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of nine (9) members and shall be composed of the following: one (1) educator m a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five (5) community at large representatives. Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. ORIGINAL MEMBERS TERM APPTD. DATE Educator Chamber of Commerce Commercial Solid Waste Hauler Beautify CC Association Community at Large Community at Large Community at Large Community at Large Community at Large Director of Neighborhood Services, Ex- officio, non - voting Director of Environmental Services, Ex- officio, non - voting INDIVIDUALS EXPRESSING INTEREST EDUCATOR (One Vacancy) Cynthia Hopkins Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from The American University, Washington DC. Activities include: Cubmaster Pack 323, Committee Chairman Troop 323, AWANA Commander, Homeschooling Organization of South Texas and Kaffie Middle School PTA. (6- 27 -08) CHAMBER OF COMMERCE (One Vacancy) COMMERCIAL SOLID WASTE HAULER (One Vacancy) Brian Cornelius Division Sales Manager, Allied Waste Services. Attended Del Mar College. Activities include: Builders Association of Corpus Christi, Associated Builders and Contractors, Westside Business Association and hotel and Hospitality Association. (5- 16 -08) BEAUTIFY CORPUS CHRISTI ASSOCIATION (One Vacancy) Brenda Cuvelier Daiquiri Richard Retired Teacher. Received BA in Education from Corpus Christi State University. Activities include: Treasurer — Beautify Corpus Christi Association. Recipient of Beautify Corpus Christi Association Volunteer of the Year (2007). (6 -9 -08) Executive Director, Beautify Corpus Christi Association. Received Associate in Arts from Del Mar College and Bachelor of Arts in Communication from Texas A &M- Corpus Christi. Activities include: Leadership CC - Class 29 and Numerous Committees and Community Involvement to Improve Corpus Christi. (5- 22 -08) COMMUNITY AT LARGE - (FIVE VACANCIES - NOTE: ALL OF THE APPLICANTS FOR THE SPECIFIC CATEGORIES ALSO QUALIFY FOR THE COMMUNITY AT LARGE SLOTS) Rick Carpenter Paige Dinn John Elford Owner, Dolphin Recycling. Attended Morhead State University and University of Kentucky. (4- 29 -08) Received BA in Biology from University of Texas at Austin and MA in Microbiology from University of Texas Medical Branch Galveston. Activities include: President of Corpus Christi Public Library Foundation Board, Chairman of Corpus Christi Children's Book Festival, and Volunteer with Community of Shalom. (5- 27 -08) Senior Pastor, St. John's United Methodist Church. Received a BA from University of Toronto, DM from Union Seminary in Virginia, and Post Graduate Work at SMU. Activities include: District Committee on Ordained - Ministry and the Conference Board on Ordained Ministry. (6- 11 -08) Resource Development Coordinator, Corpus Christi Independent School District. Received a BA and MS. Activities include: JA — Board Member, LCCAA — Board Member, and Rotary Club — Board Member. (6- 25 -08) Project Manager, AGCM, Inc. Received BS in Civil Engineering from Texas A &M University. Activities include: Society of American Military Engineers, Construction Management Association of America, and Nueces County A &M Club. (4- 24 -08) Self - Employed, Creative Director. Received Degree from Texas A &M and University of Texas. Activities include: Chair, Recycling Committee — Coastal Bend Sierra Club, Coastal Bend Bays & Estuaries Foundation — Annual Earth Day Planning Committee, Oso Creek Green Corridor Planning Committee — Corpus Christi Park and Recreation Department, and Corpus Christi Botanical Gardens. Former Chair of Mayor's Advisory Committee on Recycling and Solid Waste Reduction. Recipient of Numerous Art Director Awards. (5- 20 -08) Psychology Instructor, Del Mar College. Received BS in Psychology from University of Iowa, MS in Counseling from Oklahoma State University, and Currently Pursuing PhD from Oklahoma State University in Counseling Psychology. Activities include: Corpus Christi Progressive Populist Caucus — Recycling Committee Member, American Psychological Association, Sierra Club, and Project Laundry List. Nominated for Teacher of the Year — Del Mar College. (5- 19 -08) Graduate Research Assistant, Texas A &M University — Corpus Christi. Received Bachelor of Science in Radio - TV -Film from University of Texas at Austin and Masters of Science in Environmental Science from Texas A &M University — Corpus Christi. Activities include: President, Graduate Student Association, Texas A &M University - Corpus Christi, Student Environmental Action League, and Chair of Recycling Action Committee — Corpus Christi Progressive Populist Caucus. (5- 19 -08) —25— Barbara Tharas Joan Veith Work Study, Texas A &M University- Corpus Christi. Currently a Student at Texas A &M University - Corpus Christi. Activities include: Honors Student Association and Islander Student Environmental Action League. Recipient of Rising Scholar and General UG Scholarships. (5-16-08) Retired, Current Community Activist. Attended Sam Houston College and Del Mar College for Continuing Education. Activities include: C.C. Barrios Association, LUV, and Neighborhood Initiative Program. Former Leadership Committee for Senior Services and Cable Communications Commission Member. (4- 15 -08) CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION — Three (3) vacancies with terms to 7- 31 -10. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident of the City. ORIGINAL MEMBERS TERM APPTD. DATE Butch Escobedo 7 -31 -09 7-24 -07 *Foster Edwards 7 -31 -08 7 -11 -06 * *Michael Bertuzzi 7 -31 -08 7 -13 -04 *EloyH. Salazar 7 -31 -08 7 -11 -06 Brad Lomax 7 -31 -09 7 -24 -07 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Foster Edwards 11 10 91% Eloy H. Salazar 11 11 100% OTHER INDIVIDUALS EXPRESSING INTEREST Kay H. Aeby Self - Employed, Medical. Past member of the American Cancer Society. (6- 15 -07) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation David Berlanga Ronnell Bright David Cadena William D. Dodge III James Doughty Jim Espey Financer /Manager/BusinessDeveloper /CEO, Maker Capital Group, Fung Shui Lounge, Sang &Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of Public Administration/City Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. (9- 18 -07) Financial Products Sales Specialist, April Roberts State Farm Agency. Received B.S. Degree in Business Administration from Florida A &M University and Masters of International Business Administration from University of Miami. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Black Chamber of Commerce and Computer Teacher at Greenwood Senior Recreation Center. (4- 12 -07) Vice President- Credit Products Underwriter, Bank of America. Received B.A. from Texas A & M University — Corpus Christi. Activities include: C.C. Hispanic Chamber of Commerce and the PDAP Fundraiser. (9 -4 -07) Regional Sales, Entrust. Received Bachelor of Science from University of Texas — Austin and attended Southwestern Graduate School of Banking at Southern Methodist University. Activities include: American Red Cross, Education Service Center, Del Mar College Foundation, Town Club Board and Airport Board. (9 -12- 07) Operator, Valero Refining. Received Bachelor of Science from Teas A &M University - Corpus Christi. Activities include: Community Volunteer and Member of CCA and SEA. (3- 24 -08) Retired, Sales/Marketing Director. Received BS Humanics/Psychology. Activities include: YMCA Board/Committees, Yacht Club Director, Private Pilot, Scuba Instructor, and Real Estate. (1 -9 -08) Dr. George H. Fisher Partner /Surgeon, Ear, Nose and Throat Associates. Received B.S. from University of Alabama and M.D. from the University of Alabama Medical School. Certified Commercial and Airline Transport Pilot, Single and Multiengine and Instructor Pilot. Activities include: Director — American Bank, former member of C.C. Yacht Club, YMCA and Chief of Staff of Driscoll Children's Hospital, Chief of Surgery. (9- 18 -07) Coretta Graham Self Employed, Graham Legal Services. Received B.A. in Chemistry and J.D. from Texas Southern University. Activities include: NAACP and Black Chamber of Commerce. Graduate of Corpus Christi Citizen Leadership Academy and Leadership Corpus Christi. Received the 2004 Consortium of Doctors Induction. (9- 25 -07) Art Granado Owner, The Insurance Group. Attended Texas A & I University. Activities include: Chairman of The Heart of Corpus Christi, Forward Corpus Christi — Grass Roots Committee, Leadership Class, and CBAHU. (9 -4 -07) Marie Guajardo Received Bachelor of Business Administration from University of Texas, San Antonio College of Business. Activities include: A.C.R.A San Antonio, CREW San Antonio, and A.I.A San Antonio. (2- 25 -07) Chris Hamilton Vice President, KJM Commercial, Inc. B.S., Texas A &M University - College Station. (1/10/07) Gail M. Hoffman Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12 -7 -07) Gerard Navarro Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 19 -08) Adam Nuse Carl L. Powell Richard Pulido Mary Ann Rojas Donald E. Russell Latrice M. Sellers Director of Group Sales, Corpus Christi Hooks. Received Bachelors in Business Marketing from University of Oklahoma and Masters in Sports Management from Wichita State University. Activities include: Leadership Corpus Christi, USO of South Texas — Board of Directors, and American Red Cross Board of Directors. (9 -1 -07) Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA/ Health and Human Services Volunteer. (1- 11 -08) Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Committee with the American Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (6 -18- 07) President/CEO, WorkSource of the Coastal Bend. Received a Bachelors Degree. Activities include: Board Member /Officer of Amistad Community Health Center, Board Member of Coastal Bend Tech Prep, Texas Association of Workforce Boards, and Graduate of Leadership Corpus Christi Class 35. Recipient of Corpus Christi Hispanic Chamber Service to Community Award and National Award - Ted E. Small Partnership Award. (1- 15 -08) President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (2-25-08) Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach ", and State Democratic Executive Committee for Women. (8- 30 -07) Tori Alexandria Thomas Graduate, Miller High School. Attending College. (2 -21- 07) Jonathan Wagner Danny D. Williams Marsha Williams Consultant, NeighborWorks America. Received MBA in Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Government's Advisory Board. (5- 29 -07) Marketing/Driver, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. (4/17/07) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (9 -5 -07) CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — Seven (7) vacancies with terms to 7 -08 and 7 -10 representing the following categories: 4 - Owner of Property within the District and 3 - Agent, Employee or Tenant of Resident of District, Owner of Property within the District, or Owner of Stock or Corporate Owner of Property within the District. DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. A director must be one of the following: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE *Raymond Gignac (PO) 07 -08 08 -21 -01 Eloy Salazar (PO), Chair 07 -10 07 -27 -04 ** *Dottie Clower (A/E/T), Treasurer 07 -10 07 -01 -94 *Wayne Lundquist (A/E/T) 07 -08 08 -22 -00 *Wes Hoskins (PO), Chair 07 -08 08 -22 -00 Mark Adame (A/E/T) 07 -10 08 -22 -00 Les Cassidy (PO) 07 -10 07 -27 -04 Tracy Long (PO) 07 -10 08 -21 -07 Harry Lee Chester, Jr. (PO) 07 -10 08 -22 -06 David Loeb (A/E/T) 07 -10 08 -21 -07 Anna Vasquez (A/E/T) 07 -10 07 -27 -04 *Willard Hammonds, II (PO), Vice Chair 07 -08 07 -27 -04 *Bill Durrill (A/E!T) 07 -08 06 -10 -03 Dan Richter (PO) 07 -10 09 -11 -01 *Chad Magill (P0) 07 -08 08 -22 -06 R Resident of District PO Owner of Property within the District SO - Owner of Stock or Corporate owner of Property within the District A/E/T - Agent, Employee or Tenant of one of the above Legend: *Seeking reappointment - * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Note: The Corpus Christi Downtown Management District is recommending the following appointments: George Clower (Agent, Employee or Tenant) — New Appointment Wayne Lundquist (Agent, Employee or Tenant) — Reappointment Bill Durrill (Agent, Employee or Tenant) — Reappointment Raymond Gignac (Owner of Property) — Reappointment Wes Hoskins (Owner of Property) — Reappointment Willard Hammonds, II (Owner of Property) — Reappointment Chad Magill (Owner of Property) — Reappointment George Clower Vice President, The Clower Company. Activities include: Bayfest and Bucaraders. (6- 30 -08) CROSSTOWN COMMONS DEVELOPMENT CORPORATION — Nine (9) vacancies with terms to 7- 31 -10. DUTIES: To aid, assist, and act on behalf of the City in the performance of its governmental functions to promote the common good and general welfare of the City, including, without limitation, the development of the approximately 220 -acre site within the City located generally at the northeast corner of the Crosstown Expressway and Holly Road (the "Crosstown Commons Project Site "), in furtherance of the promotion, development, encouragement and maintenance of employment, commerce, economic development and public infrastructure development in the Crosstown Commons Project Site. COMPOSITION: Nine (9) persons appointed by the City Council for a term of two (2) years expiring on July 31 of each year. The initial Directors shall serve until July 31, 2008. Each Director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Each Director, including the initial directors, shall be eligible for reappointment. Any director may be removed from office at any time, with or without cause, by the City Council of the City. MEMBERS TERM Nelda Martinez President 07 -31 -08 John Marez, Vice - President 07 -31 -08 Melody Cooper 07 -31 -08 Larry Elizondo, Sr. 07 -31 -08 Henry Garrett 07 -31 -08 Mike Hummell 07 -31 -08 Bill Kelly 07 -31 -08 Priscilla Leal 07 -31 -08 Michael McCutchon 07 -31 -08 *Terms are due for all directors. PLANNING COMMISSION - Three (3) vacancies with terms to 7- 31 -11. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. MEMBERS * * * * *R. Bryan Stone, Chair Rudy Garza, Vice -Chair *Johnny R. Martinez *James Skrobarczyk, Sr. A. Javier Huerta John C. Tamez Evon J. Kelly Govind B. Nadkarni David Loeb TERM 7 -31 -08 7 -31 -09 7 -31 -08 7 -31 -08 7 -31 -10 7 -31 -09 7 -31 -09 7 -31 -10 7 -31 -10 ORIGINAL APPTD. DATE 7 -09 -02 2 -22 -05 7 -12 -05 7 -12 -05 7 -26 -05 8 -22 -06 7 -11 -06 7 -10 -07 7 -10 -07 ATTENDANCE RECORD OF MEMBERS SEEKING APPOINTMENT NAME Johnny R. Martinez James Skrobarczyk, Sr. NO. OF MTGS. NO. THIS TERM PRESENT 23 21 23 20 Legend: *Seeking reappointment * *Not seeking reappointment _ ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation % OF ATTENDANCE LAST TERM YEAR 91% 87% OTHER INDIVIDUALS EXPRESSING INTEREST Mark Adame Richard Bailey Gene Clancy Matthew Colmenero James Doughty Mark A. Flores Andrea B. Green Vice President, Joe Adame & Associates, Inc. Received Bachelor of Business Administration — Finance from Texas A &M University - College Station. Activities include: Vice Chair of Goodwill Industries of South Texas, Certified Commercial Investment Member, and Downtown Management District. (6- 26 -08) Lean Practitioner, E.I. Dupont Chemical. Received BBA and MBA from Texas A &M University of Corpus Christi. Activities include: Former Transportation Advisory Committee — Vice Chair. (3- 25 -08) Design Resource Manager for Construction, Susser Holdings Corporation. Attended Houston Community College. Activities include: National Association of Convenient Stores, Petroleum Equipment Institute, Industry Council on the Environment, and Committee for Clean Texas in Austin- Texas Commission on Environmental Quality. Former Board of Adjustments — Chair. (6- 23 -08) Recent High School Graduate. Activities include: Hispanic Leadership Opportunity Program. Former High School Debate Team President, District Champion in International Politics Extemporaneous Speaking, and Three year National Qualifier in Student Congress Senate for the NFL. (6- 10 -08) Operator, Valero Refining. Received Bachelor of Science from Teas A &M University - Corpus Christi. Activities include: Community Volunteer and Member of CCA and SEA. (3- 24 -08) Organizer, I.B.E.W. Local #278. Attended Electrical Apprenticeship Program. Activities include: Coastal Bend Labor Council and Volunteer for Habitat for Humanity. (7- /8-07) Tax Professional, H & R Block. Received B.A. from Mount Holyoke College, South Hadley, Massachusetts, and M.S. from Syracuse University, Syracuse, New York. Activities include: Southside Evening Toastmasters. (1 -9- 08) Paul Grivich Chris Hamilton Owner, Grivich Research Company. Received BS in Political Science, Sam Houston State University. Activities include: Former Member of Board of Adjustment, Former Member of Hispanic Chamber of Commerce and Former Member of Nueces County Tax Appraisal District. (2 -13- 08) Vice President, KIM Commercial, Inc. Received Bachelors of Science — Construction Science from Texas A &M College Station. (1- 10 -07) Scott Harris Project Engineer, HDR Engineering. Received B.S. in Civil Engineering. Activities include: United States Navy Reserves, City of Corpus Christi Citizens University Class 03, American Society of Civil Engineers, Girl Scouts of Greater South Texas, and Northwest Pony League. Recipient of United States Navy Commendation Medal — Operation Iraqi Freedom 2005. (12- 28 -07) Mary A. "Linda" Moya Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (9- 12 -07) Joe Ortiz Self- Employed, Residential Designer and Building Consultant. Attended Del Mar College and Granthem University. Activities include: National Civil Rights Director American GI Forum and District Director LULAC. (4 -9 -08) Justin Poses President, J.P. Global Investments, Inc. Attended College at Texas A &M University- Corpus Christi. Activities include: Member of the Corpus Christi Chamber of Commerce and the Hispanic Chamber of Commerce. (6- 11 -08) Robert E. Powell Retired. Received a B.S. in Civil Engineering. (2- 19 -08) Rachel Hasette Ramos Manager, Wahoo Motors, Inc. Received an Associates Degree from Del Mar College. Attended Texas A &M University - College Station and University of Houston. (6- 29-07) Morgan Spear David J. Stevens John S. Taylor Jerry J. Trevino John T. Tucker Jonathan Wagner Marsha Williams President/Owner, Morgan Spear Associates, Inc. Received B.A. from University of Texas. Activities include: American Institute of Architects, C.C. Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd, Alpha Tau Omega and Texas Exes. (11 -8 -07) Roofing Consultant, Pinnacle Roofing. Received BS from University of Minnesota Graduate School of Theology. Activities include: Gateway Church Youth Group and Praise Church Tabernacle. (4- 10 -08) President, Associated Builders and Contractors. Received B.S. and M.A. from Texas A & M University. Activities include: Associated General Contractors, C.C. Rotary Club, and the C.C. Mustangs. Current Chair of the Building Code Board of Appeals. (4- 17 - -08) Attorney, Law Firm of Jerry J. Trevino, P.C. Received B.S. in Business Management, B.S. in Engineering and J.D. in Law. Activities include: Knights of Columbus, Little League Board, and various legal organizations. (9- 21 -07) Owner, John Tucker Homes. Attended Corpus Christi State University and University of Texas in Austin. Activities include: Member of Unified Development Codes, board of director for National Association of Home Builders, and Past President of Builders Association of Corpus Christi. (9-24-07) Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development for City of Corpus Christi, 2003-2006. (5- 29 -07) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (9 -5 -07) 3 Requested Council Action: 7108/08 Alternate Council Date: 7/15/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -8 -04 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $101,340.18, of which $16,890.03 is required in FY07 -08. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY07 -08 and requested for FY08 -09. BACKGROUND: LaBatt Food Service Corpus Christi, TX 136 Items $67,586.37 Grand Total - $101,340.18 PFG Victoria. TX 93 Items $33,753.81 Purpose: These food items will be used by Senior Community Services for the Elderly Nutrition Program. Award Basis: Funding: The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council of Aging, Duval County Elderly Program, Bee Community Action Agency, C.A.C.O.S.T., Kleberg County Human Services, Live Oak County Elderly Program, Nueces County Senior Community Services, and Refugia County Elderly Services. The recommended awards are based on low bid and low bid meeting specifications. Items awarded as low bid meeting specification are based upon the quality and /or packing standards identified in the bid documents. Senior Community Services 520070 - 1020 -13030 520070- 1067 - 00000 - 810508 520070 -1 067 - 00000 - 810808 Mic . e B . era Assistant Director o Financial Services (MOW) (ENP) Total Amount: (FY07 -08) $7,600.51 2,702.41 6,587.11 $16,890.03 COUNCIL OF GOVERNMENTS - STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Bid Period Covering June 30, 2008 - December 26, 2008 Council Date: 7!08/08 Bid Tabulation: CBCOG -08-4 LaBatt Food Service Corpus Christi, Texas Canned Fruit, Canned Vegetables, Dried Vegetables, Canned Meat, Condiments, Dressing, Juices, Oil and Shortening, Relishes, Soup & Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Poultry, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Performance Food Group Victoria. Texas Canned Fruit, Dried Fruit, Canned Vegetables, Dried Vegetables, Canned Meats, Condiments, Dressing, Juices, Oil and Shortening, Relishes, Soup & Base, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Pork, Poultry, Frozen Vegetables, Frozen Fruit & Dessert, and Dairy $67,586.37 33,753.81 Grand Total: $101,340.18 4 Requested Council Action: 7/08/08 Alternate Council Date: 7/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) 48 foot truck trailer from Rush Equipment Center of Texas, Inc., of Houston, Texas for a total amount of $98,615. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Govemments (HGAC). The truck trailer will be used by Solid Waste Services. Financing will be provided through the City's lease- purchase program. ****************************************:************* * * * ** *** * * * * * * * * * * ** *** * * * * * * ** Purpose: The truck trailer will be used by Solid Waste Services to transport refuse from the .1C Elliott Trash and Recycling Center to the Cefe Valenzuela Landfill. The truck trailer is a replacement to the fleet. Basis of Award: The truck trailer will be purchased through the cooperative purchasing agreements with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Funding: The truck trailer will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 3.15 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $21,342.72. Total estimated cost over the sixty -month period, including principal of $98,615.00 and interest of $8,098.60, is $106,713.60. Solid Waste Services FY 07 -08 530190 -1020 -12504 $0.00 The truck trailer is scheduled for delivery in October 2008. As such, no monies from this fiscal year are required to support this award. Funds have been requested for FY 08/09. Mic a- Barrera Assistant Director of Financial Services IR O1 pigmy m Cu 0 m -1 -< 73 i 0 y D T a0to0 co a) Ai ID 0 r- Ccn Wn 2 vz- o z -/ O 0 NOIldNOS30 0 c z co °o as cn 0 0 V) CO CO 1 o) cn us o 0 o 0 m, m cD =. 0. (D as 2 7J O c ccn tn2 O c, zc co 73 mK iovm 0 m �-i om 0 a) m m z -I in X 0 -n -! m cn z p 5 Requested Council Action: 7/08/08 Alternate Council Date: 7/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) asphalt relay tank trailer and two (2) side loader refuse trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The asphalt relay tank trailer and the side loader refuse trucks will be used by the Street Department and the Solid Waste Services. Funds are available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund and the Public Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund. Cooper Equipment Company San Antonio, TX 1 Unit Bid Items: 1 $103,681.00 Rush Truck Center, Houston Houston, TX 2 Units Bid Items: 2 $466,258.00 Grand Total: $569,939.00 * * * * * * * *: * * * * ** * * * * * * * * * * * *: * * ** * * * * * * * * * * ** * * * * * * * * * * * * * * *: * * ** ** * * * * ** * * * *** * * ** ** Purpose: Basis of Award: Funding: f/ MI Barrera A ; istant Director of Financial Services The asphalt relay tank trailer will be used by the Street Department to transport hot asphalt. The side loader refuse trucks will be used as part of the City -wide automated collection process. The asphalt relay tank trailer is a replacement to the fleet. The two side loader refuse trucks are additions to the fleet. The asphalt relay tank trailer and the side loader refuse trucks will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC act as purchasing agents for participating members through the Inter -local Cooperation Act and abide by all Texas statutes regarding competitive bidding requirements. Street 2008 Tax Notes Capital Improvement Project (CIP) Fund 550710-3545-00000-140610 $103,681.00 Public Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund 550710 - 3364 - 00000 - 140600 $466,258.00 Total $569,939.00 :lelol puea9 18101 pJeMV N s)3nal esn;aa saapeo1 ep!S on WOJe1ad - N O JJ cD Q C1 CD < - .o 6 co 0 Cn CD CD NOIldI S3❑ - m m C 0 0 z Cn 0 >0 Z O m cn n1:1 m70 m w m b w 01 O m o � co i -0 Z 0 o b c9• O C b m O O CD "' O •-i m z CI) -+ C) () w m `0 x co -0 z > °o o 0a Z 2 M 0C CO Cn 2 0 z7° o 3 n m'"mm� 2 CO z m p EA 1 0) 0) OO) X C 01 C31 -0 m '-I 0p Oo O O ,CD Q Z ( 00'62 b `E£Z$ 6 Requested Council Action 07/08/08 Alternate Date 07/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) asphalt distributor from Grande Truck Center, San Antonio, Texas for the total amount of $150,258. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. *:*************************:************************** * * * * * * * * * * * * ** * * * * * * * * * * * * * * * ** Purpose: The asphalt distributor will be used by the Street Department for maintenance and construction work. Award Basis: Prior Purchase: Funding: The equipment from Grande Truck Center will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. The last purchase of this type of equipment was in 1986. Street 2008 Tax Notes (CIP) Fund 550710- 3545- 00000 - 140610 Michael Barrera Assistant Director of Financial Services —53— $150,258 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION B1- 0I99 -08 BUYER -MARIA GARZA ASPHALT DISTRIBUTOR ITEM DESCRIPTION QTY. UNIT GRANDE TRUCK CENTER SAN ANTONIO, TEXAS Unit Extended Price Price 1. 2009 Sterling LT 8500 truck chassis 1 Each with etnyre centennial 3000 gal. asphalt distributor $150.258.00 $150,258.00 Total $150,258.00 7 Requested Council Action: 718108 Alternate Date: 7/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of nine (9) pickup trucks, one (1) dump truck and the lease/purchase of one (1) cargo van from the following companies, for the following amounts, in accordance with Bid Invitation No. BI- 0166 -08, based on low bid for a total amount of $269,112. The vehicles will be used by Animal Control, Park & Recreation, and the Water Department. All eleven units are replacements to the fleet. Funding for the lease purchase of the cargo van will be provided through the City's lease/purchase financing program. Funding for the remaining vehicles are available in the Capital Outlay Budget of the Maintenance Services Fund, Latchkey Operations, Beach Operations and the Animal Control Operations Budget. Access Ford, LTD Corpus Christi, TX Bid Items: 1, 2, 3, 4, 6, 7 & 8 $210,828 Champion Ford Mazda Corpus Christi, TX Bid Item: 5 $58,284 Grand Total: $269,112 * * * * * * * * * * * * *: * * ** *********************************** * * * * * * * * * * * * * * ** * * * * * * * * * * * * * ** BACKGROUND: Purpose: The vehicles are replacement units and will be used in the day to day operations of the respective departments. Replaced units are evaluated for potential reallocation to other departments and/or are disposed of through the City's standard surplus disposal procedures, including online and live auctions of vehicles. Bid invitations Issued: Bids Received: Award Basis: Funding Nine Two Low Bid Purchase of Vehicles Maintenance Services — 4 vehicles Bid items 1,2 &5 550020 -5110 -40120 Capital Outlay Line Item Nos.: 14, 16, 17, 18 Purchase of Vehicles Park & Recreation — 2 vehicles Bid item 4 550020- 1020 -12940 Bid item 6 550020- 1020 -12950 Capital Outlay Line Item Nos.: 95 & 97 $113,657 32,884 22,298 Michae B.) era, Purchase of Vehicles Animal Control — 4 vehicles Bid items 7 & 8 550020 -1020 -12680 Capital Outlay Line Item No.: 94A Requested Council Action: 718/08 Alternate Date: 7/15/08 78,256 TOTAL PURCHASE: $247,095 Lease Purchase of Vehicles 1 (1) 15 passenger cargo van will be funded through the City's lease /purchase financing agreement for a sixty month period. The estimated interest rate is 3.15 %. The actual interest rate will be determined after acceptance of the vehicle. The estimated annual payment is $4,765.08. Total estimated cost over the sixty month period, including principal of $22,017.00 and interest of $1,808.16, is $23,825.16. Park & Recreation - Latchkey —1 cargo van Bid item 3 530190 -1020 -13405 FY 07/08 $0 Capital Outlay Line Item No. 96 The cargo van is scheduled for delivery in September 2008. As such, no monies from this fiscal year are required to support this award. Funds have been requested for FY 08/09. Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA 07/08/08 ITEM DESCRIPTION QTY 1. Series (PU -1), 1/2 Ton, Ext. Cab Compact 2 Pickup in accordance with Spec. No. 1014. Color - White - Water Dept. 2. Series (PU -3HD), 3/4 Ton, Standard Cab 1 Pickup, low profile service body, in accordance with Spec. No. 1009, 1014, and 1065. Color - White - Water Dept. 3. Series (V -3), Extended Passenger Van. 1 In accordance with Spec. No. 1014 Color - White - Park & Recreation Dept - Latchkey - Lease Purchase 4. Series (HT -1), 1 Ton, (10,000 GVWR), 1 4x4, Crew Cab Pickup, Short (6 1/2' Bed). In accordance with Spec. No. 1013. Color - White - Park & Recreation - Beach Operations 5. Series (HT -1.5), 15,000 lb. GVWR, Extended Cab and Chassis, 60" cab -to- axle, w /heavy Duty Crane Service Body (RKI- C60DW94) or Equal and Electric Crane. In accordance with Spec. No. 1009, 1012, and 1013. Color - White - Water Dept. 6. Series (PU -2), '/ Ton, 4x4, Crew Cab 1 Pickup, Short (6 1/2' Bed), In accordance with Spec. No. 1014. Color - White - Park & Recreation Dept. 7 Series (PU -3HD), 3/4 Ton, Standard Cab, 3 Long (8') Bed, Pickup, in accordance with Spec. No. 1014. Color - White - Animal Control 8. Series (HT -1) 10,000 lbs. GVWR, 1 Standard Cab, Long Bed, Pickup, with Hydraulic Bed Hoist (Venco Model #VP6F or Equal). In accordance with Spec. No. 1013. Color - White - Animal Control AWARD TOTAL: GRAND TOTAL: UNIT EA EA EA EA EA EA EA EA BID TABULATION BID INVITATION NO. B1- 0166 -08 PICKUPS & VANS ACCESS FORD Corpus Christi, Texas UNIT EXT. PRICE PRICE $15,041.00 $30.082.00 25,291.00 25,291.00 CHAMPION FORD Corpus Christi, Texas UNIT EXT. PRICE PRICE $16,219.00 $32,438.00 22,017.00 22 0� 17.00 32,884.00 3232 884.00 61,855.00 61,855.00 16,369.00 16,369.00 15,999.00 15,999.00 35,178.00 35,178.00 58,284.00 58 284.00 22,298.00 22.298.00 18,799.00 18,799.00 16,269.00 48,807.00 22,576.00 67,728.00 29,449.00 29.449.00 16,826.00 16,826.00 -59- $210,828.00 $58.284.00 $269.112.00 S Requested Council Action 07/08/08 Alternate Date 07/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of (1) steel wheeled vibratory roller from Anderson Machinery Co., Corpus Christi, Texas for the total amount of $110,469.42. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The steel wheeled vibratory roller will be used by the Street Department for maintenance and construction work. Award Basis: This equipment is purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Anderson Machinery will be the delivery and service dealer for this equipment. Prior Purchase: The last purchase of this type of equipment was in 1999. Funding: Street 2008 Tax Notes (CIP) Fund 550710-3545-00000-140610 ,rr Mich. sBarrera Assi tant Director of Financial Services $110,469.42 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER -MARIA GARZA ITEM DESCRIPTION PRICE SHEET BI- 0198 -08 STEEL WHEELED VIBRATORY ROLLER QTY. UNIT Anderson Machinery Co. Corpus Christi, Texas Unit Price Extended Price 1. Single Drum Vibratory Roller, Bomag Model # BW -211 PD-40 w /pad foot configuration 1 Each $110,469.42 $110,469.42 Total $110,469.42 9 Requested Council Action: 7/08/08 Alternate Council Date: 7/15/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0170 -08 based on low bid for an estimated annual expenditure of $87,610.00 of which $14,601.66 is budgeted in FY 07 -08. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available from Warehouse Inventory for FY 07 -08 and requested for FY 08 -09. ********************************************,********* * * * * * * * ** * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The fire hydrants will be purchased into Warehouse Inventory and used by the Water Department for new and replacement hydrants. The Water Department determines locations for new fire hydrants based on various factors, including development of an area and proximity to existing hydrants. Worn and damaged hydrants are replaced as required. Bid Invitations Issued: Thirteen Bids Received: Five Previous Contract: The option to extend the current contract is not being exercised due to the vendor's inability to maintain current pricing. Award Basis: Low Bid Price Analysis: Pricing has increased approximately 25% since the last bid of May 2006. According to the vendor the increase in pricing is due to the rising cost of material and production. A price analysis conducted on fire hydrants reflects a rising market. Funding: Michae : arrera, Assistant Director of Financial Services Warehouse Inventory 200350 -40000 -5010 $14,601.66 6 0 T cn 1 t. . P N 'II 5 z K7 a o a b °'� N '� °o o 0a 103 0 o < a ti7 < < . o CD o CD o a. ,.,o a-c ao ac g to 4 q 5 to q n t, 4'. CD .ri -.1' IT x a g.x co g`t 0.x E..a 0 0 cci. FL., x a p. o g O `< o P. 5L a 00 to O O ti (9 (D (D lD (9 (D n'. ( A n 0 n 5 uouduasaU fh C7 O.% c 443 69 oa o A a 00 t o O ON a, .1 D D a tiD --• VD N -4 0 0 N P 0 o to 0 o LA 0 0 0 0 0 0 0 o o O 0 0 0 0 69 00 to 69 o o D o v, O o■ .1 w 0 O O vNi 0 69 N N 0.t 00 D\ d Ve II 00 W 0 0 0 cm VD 00 00 0 00 00 0 r• Y V r• W 1■• 00 O1 Ow �] N 00 W �D 17i 1D J 0 O O O O 69 00 1—. N N VD ON 00 O% .r O La 00 N N 0 N v 00 (T to w A A N O O N V, O O LA 0 O O 0 O S£'L1Z`SI$ 6Vii0`i$ N - LA VD J A +l b w O' 0o N LA.} to w •1 VD 0 69 61. ..0 D _ N N A V D - N ON - —. A 0'i - ON On. rn 'D w -4 w :o w .4 VD A oo O w 0o 0 0 0 O 00'ZLl`170i$ W N IJ tJ FJ ON v ' A lomb N O O O O O 0 O O O 0 69 00 O 69 N N �1 0 ■D A A V `D tn O —1 N A A OT ON cm 0 O (...n O O O O O O O O 0 O O 0 —6s- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/0812008 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,798,271 from the State of Texas, Governor's Division of Emergency Management, for funding eligible under the FY 07 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system, with a city cash match of $449,567.75, for a total project amount of $2,247,838.75 and to execute all related documents. B. Ordinance appropriating $1,798,271 from the State of Texas, Governor's Division of Emergency Management, for funding eligible under the FY 07 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $449,567.75 in the No. 1061 State and Federal Grant Fund. C. Resolution authorizing the City Manager or his designee to execute an interlocal agreement between the cities of Corpus Christi, Portland, Port Aransas, Rockport, and Aransas County to establish the terms for the sharing of the FY 07 Public Safety Interoperable Communications (PSIC) Grant. ISSUE: The Governor's Division of Emergency Management, is awarding funding to the City of Corpus Christi under the FY 07 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system. REQUIRED COUNCIL ACTION: Acceptance of the grant, appropriation of funds, and acceptance of interlocal agreements. FUNDING: There is a 20% match required of all participating agencies. The City of Corpus Christi is serving as the lead agency and the participating law enforcement agencies are providing their required match according to their system enhancements, as per the attached interlocal agreements. Funds are available for a 3 -year period beginning 10/01/2007 (the first fiscal year of the appropriation). CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant, appropriating the funds, and approving the interlocal agreements with the participating agencies. 6.P Bryan P. Smith Chief of Police Attachments: • Sub - Recipient Agreement • Interlocal agreements from participating agencies BACKGROUND INFORMATION The Department of Homeland Security / National Telecommunications Information Administration provides funding to assist public safety agencies in the planning and coordination with, acquisition of, deployment of, or training for the use of interoperable communications equipment, software and systems that enable interoperability with communications systems. Proposals must be multi - jurisdictional and multi - agency. The PSIC Grant Program is intended to enhance interoperable communications with respect to voice, data, and/or video signals. PSIC provides public safety agencies with the opportunity to achieve meaningful and measurable improvements to the state of public safety communications interoperability through the full and efficient use of all telecommunications resources. Collaboratively, government entities within Nueces, San Patricia and Aransas Counties have joined the Corpus Christi Police Department to implement this project. The participating agencies and their required match are: Community Item Total Investment Value Local 20% Match Portion PSIC Grant 80% Portion Portland Equipment 461,475 92,295 369,180 Port Aransas Equipment 373,615 74,723 ' 298,892 Rockport / Aransas County Equipment 1,046,216 209243 836,973 Corpus Christi Equipment 366,532.75 73,306.75 293,226 Total 2,247,838.75 449,567.75 1,798,271 The project will enable the cities of Port Aransas and Rockport and the County of Aransas to bring ail of their Public Safety personnel onto the 800 MHZ radio system. The City of Portland is already on the system, and these funds will enhance the signal penetration. With full implementation, regional capacity to support Homeland Security will be strengthened, especially for the Port of Corpus Christi; Inner Harbor, Harbor Bridge; Critical Junctures; Port Industries; Corpus Christi Naval Air Station, Corpus Christi Army Depot; J.F. Kennedy Causeway; Naval Station Ingleside; I1-137; Intercoastal Waterway; Shipping Channels; Sector Corpus Christi, and at least 12 miles into the Gulf of Mexico. This project also expands communication effectiveness for all Interregional Task Force members representing local, state, and federal law enforcement, first responders, and military and governmental entities. Currently, officers pursuing a suspect across city limits cannot continue pursuit, easily alert neighboring responders of the need for support, nor warn citizens of impending dangers. Critically important, this grant will also strengthen the area's ability to prevent, detect and react to potential security threats, including IEDs, terrorists, and smugglers. It fortifies responders' ability to take appropriate actions before, during, and after a terrorism event and/or natural disaster -- major concerns since the Port, industries, shipping, farming, and other commercial assets are concentrated in this area and abut the Gulf Coast where likelihoods for hurricanes and other weather - related natural disasters are very high. RICK PERRY Governor DIVISION OF EMERGENCY MANAGEMENT Office of the Governor 4laiiin^ Addm s: Po 130 4087 Audio. Texas 78773.0220 The Honorable Henry Garrett, Jr. City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Comic' Numbers: 512-424-2138 Dmy Hours ?1-'- 424 -2277 Nun -Duty I lour, 512-424-2444 I-ax June 10, 2008 I!hvsical Address: 5A1: N. Lour Hip d. Austin. -1 ems 757522 STEVEN Mc('RAW Director Office of Homeland Seemly, .LACK ('o1.1.F.Y chief Dear Mayor Garrett: Your jurisdiction is being awarded a sub -grant for the FY 07 Public Safety Interoperable Communications (PSIC) Grant project. These funds will provide your urban area the capability to acquire, deploy, and provide training on interoperable communication systems. The following additional grant - related documents are enclosed: 1. Notice of Sub - recipient Award. (Enclosure 1) The Notice of Sub - recipient Award for the 2007 PSIC must be signed by the chief elected official of your jurisdiction unless that authority has been delegated. Other signatures will require an accompanying statement from the chief elected official authorizing the individual to sign for the jurisdiction. 2. Direct Deposit Authorization. (Enclosure 2) A. GDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer grant funds electronically to a designated bank account to reimburse you for grant- funded expenses. Additional copies are available from the Texas State Comptroller's website at: http: / /www.window .state- LLx.us /taxinfo /taxforrns 174- 158.pdf. An appropriate local official, typically your finance officer, must sign the Direct Deposit Authorization. B. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant Program, you do not need to submit another unless your bank account information has changed. Please send the original signed Sub - Recipient Agreement and signed Direct Deposit Authorization (if applicable) to GDEM at the following address: Mail: Texas Department of Public Safety Governors Division of Emergency Management Attention: SAA Section P.O. Box 4087 Austin, TX 78773 -0270 Please retain a copy of each form for your records. Courier: Texas Department of Public Safety Governor's Division of Emergency Management Attention: SAA Section 5805 N. Lamar Austin, TX 78752 The deadline for returning the signed Notice of Sub - Recipient Award and signed Direct Deposit Authorization (if applicable) is July 20, 2008. The offer of a PSIC sub -grant may be withdrawn if the required materials are not postmarked by the due date. If you have any program questions regarding PSIC, please contact Cindy Hood at the SAA at (512) 377 -0020. Sincerely, ck Colley Chief Enclosures: 1. 2007 Notice of Sub- recipient Award 2. Direct Deposit Authorization Date of Award June 6, 2008 1. Sub- Recipient Name and Address 5. Mayor Henry Garrett, 3r. City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Total Project Amount $2,247,838.75 Governor's Division of Emergency Management 2007 Sub - Recipient Agreement for City of Corpus Christi 2. Prepared by: Hood, Cindy 1-3. Award Number: 07 -SR 17000 -02 4. Federal Grant Information Federal Grant Title: Public Safety Interoperable Communications Grant Program Federal Grant Award Number: 2007-G5-H7-0044 Date Federal Grant Awarded to GDEM: October 7, 2007 Federal Granting Agency: Federal Emergency Management Agency Dept. of Homeland Security Preparedness Directorate Award Amount and Grant Breakdowns Note: Additional Budget Sheets (Attachment A): No PSIC Award 11,555 S 1,798,271.00 Local Match Requirement $449,567.75 1 This award supersedes all previous awards. Performance Period: Oct 7, 2007 to Jun 30, 2010 6. Statutory Authority for Grant: This project is supported under 3006 of Pub. L. No. 109 -171 as amended by Section 2201 (a) of Pub. L.No. 110 -53, and Section 4 of Pub. L. No. 109 -459. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. 8. Debarment /Suspension Certification: The Sub- Recipient certifies that the subgrantee and its contractors /vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http:/ /www.epls.gov. 9. Agency Approval Approving GDEM Official: Jack Colley, Chief Division of Emergency Management Office of the Governor 10. Signature of GDEM Official: Sub - Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub- Recipient official: George K. Noe City Manager c)ael Signature of Sub - Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 7460005741 13. DUE DATE: 12. Date Signed : Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date. GOVERNOR'S DIVISION OF EMERGENCY • MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM 2007 Sub - Recipient Agreement For City of Corpus Christi AWARD NUMBER 2007 HSGP - 17000 TERMS AND CONDITIONS PURPOSE AND OVERVIEW The Department of Commerce's National Telecommunications and Information Administration (NTIA), in consultation with the Department of Homeland Security (DHS), was authorized to establish and administer the Public Safety Interoperable Communications (PSIC) Grant Program as directed by Section 3006 of the Deficit Reduction Act of 2005 (Pub. L. No. 109 -171.) The Govemor of each State and Territory has designated a State Administrative Agency (SAA) which can apply for and administer the funds under the PSIC Grant Program. The SAA is responsible for obligating PSIC funds to eligible pass- through recipients, which is statutorily defined as a public safety agency that is a State, local, or tribal government entity or nongovernmental organization authorized by such entity, whose sole or principal purpose is to protect safety of life, health, or property. Sub -grant funds provided shall be used to assist public safety agencies in the acquisition of, deployment of, or training for the use of interoperable communications systems that utilize reallocated 700 MHz spectrum for radio communications. All costs under these categories must be eligible under OMB Circular No. A -87 Attachment A, located at htto://www.whitehouse.00v/omb/circulars/index.html. 1) AWARD ACCEPTANCE The Notice of Sub- recipient Award is only an offer until the sub- recipient returns the signed copy of the Notification of Sub- recipient Award by the date provided in the transmittal letter. 2) GUIDANCE This Sub - recipient is subject to the program guidance contained in the The National Telecommunications and Information Administration and the Federal Emergency Management Agency National Preparedness Directorate (FEMA NPD) 2007 Public Safety Interoperable Communications Grant Program /Program Guidance and Application Kit. The Program Guidance and Application Kit can be accessed at http: / /www,ojp. usdoj. gov / odp /doc/psic_guidance20070816.pdf. Federal Emergency Management Administration National Preparedness Directorate (FEMA NPD) periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed at http : / /www.ojp.usdoj.gov /odp /docs /bulletins.htm and are incorporated by reference into this sub - grant. This sub -award is also subject to any Public Safety Interoperable Communications (PSIC) grant guidance issued by NTIA or the Governor's Division of Emergency Management (GDEM). 3) COMPLIANCE - FEDERAL A. Sub- recipient hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A -21, A -87, A -102, A -110, A -122, A -133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements for grants and cooperative agreements). B. Sub - recipient will comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the U.S. Department of Homeland Security, Preparedness Directorate, Office of Grants and Training, Office of Grant Operations (OGO)'s Financial Management Guide at http: / /www /dhs.gov /xlibrary/ assets /grants_Financialmanagementg uide, pdf C. When implementing NTIA funded activities, the sub - recipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The sub - recipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting NTIA funded activities. D. Sub - recipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs Financial Management Guide located at http : / /www.ojp.usdoj.gov /oc/. E. Sub- recipient will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance) _7g_ Page 2 OF 8 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM 2007 Sub - Recipient Agreement For TERMS AND CONDITIONS City of Corpus Christi COMPLIANCE - FEDERAL (continued) F. Sub - recipient must comply (and must require contractors to comply) with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education Amendments of 1972 (20 U.S.C. 5 51681, 1683, 1685 -86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). (Federal Assurance) G. If the sub - recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs; and (Federal Assurance) R. If the sub - recipient is a governmental entity, it must comply with requirements of 5 U.S.C. §§ 1501 -08 and §§ 7324 -28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (Federal Assurance) I. The sub-recipient will cooperate with any Federal, State or Council of Governments assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. J. Sub- recipient agrees to comply with any additional requirements set by their Council of Governments (COG) in the project notes area on the State Preparedness Assessment and Reporting Service (SPARS) website for each project, i.e. mutual aid agreements and UASI working group approvals, if applicable. K. Drug Free Workplace As F, forggrantees, as Drug-Free 8oCFR Part 67 Sect ons 6 7615 implemented and e67.620. The sub-recipient pie Subpart certifies that it will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an on -going drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the grantee's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 3(K)(1); 4. Notifying the employee in the statement required by paragraph (3)(K)(1) that, as a condition of employment under the grant, the employee will abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the Governor's Division of Emergency Management /State Administrative Agency (GDEM /SAA), in writing, within 10 calendar days after receiving notice under subparagraph 3(K)(4), from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to GDEM /SAA. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 3(K)(4), with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1), 2), 3), 4), 5), and 6), (Federal Certification) _77- Page 3 OF 8 GOVERNOR'S DIVISION OF EMERGENCY • MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM 2007 Sub- Recipient Agreement For City of Corpus Christi TERMS AND CONDITIONS 4) COMPLIANCE - STATE A. To the extent it applies, jurisdiction shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141etseq. , and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, _ ...14. B. By signing this sub - recipient agreement and accepting funds, sub - recipient hereby certifies agreement to the Texas SCIP Governance Structure and Charter, and compliance with all guidelines, provisions, and requirements of the Statewide Communications Interoperability Plan (SCIP). Sub - recipient also affirms it is a participant in a Regional Interoperable Communications Standard Operating Procedures Policy, and is a signatory to the Memorandum of Understanding with the Texas Department of Public Safety regarding the Texas Statewide Interoperability Channel Plan (TSICP) and compliance thereto. 5) FAILURE TO COMPLY GDEM /SAA may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory Progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on sub - recipient's use of grant funds until corrective actions are taken to address issues identified during grant monitoring visits conducted by GDEM, NTIA, or their representative. 6) CONFLICT OF INTEREST The sub- recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 7) LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the sub - recipient certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the sub - recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. htto:// www. whitehouse .00v /ombfarants /sftllin.ndf 8) DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. (Federal Certification) _78- Page 4 OF 8 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM 2007 Sub - Recipient Agreement Fo r City of Corpus Christi TERMS AND CONDITIONS 8) DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS (continued) The sub - recipient certifies that it and its principals and vendors: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; sub - recipients can access debarment information by going to www.eols.00v, and the State Debarred Vendor List www.tbpc.state.tx. us/ communities / procurement /prog /vendor_performance /debarred. B. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and E. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (Federal Certification) 9) MONITORING A. Sub - recipient will provide GDEM, State Auditor, NT1A, or DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. B. Sub- recipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. In addition, Councils of Governments will perform periodic monitoring of grant recipients to ensure compliance. C. GDEM /SAA may perform periodic reviews of sub- recipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of on -site audit and compliance monitoring, including inspection of all grant - related records and items, comparing actual sub- recipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. 10) REPORTING A. A -133 Reporting Requirement - All sub - recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than $500,000 in federal funds in one fiscal year. The federal Audit Clearinghouse submission requirements can be found at htto : / /harvester,census.aovlsac /. A report must be submitted to GDEM /SAA each year this grant is active. B. Sub- recipient agrees to comply with all reporting requirements and shall provide such information as required to GDEM /SAA for reporting as noted in the 2007 Federal Grant Guidelines and/or in accordance with GDEM /SAA guidance. C. Sub - recipient must prepare and submit performance reports to GDEM /SAA for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Sub- recipient may also be required to submit additional information and data requested by GDEM /SAA. _79- Page 5 OF 8 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM Z_DOT Sub - Recipient Agreemelnt =For - City oCo i31.1s i-isti TERMS AND CONDITIONS 11) USE OF FUNDS A. Sub- recipient understands and agrees that it cannot use any PSIC funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the NTIA. B. The sub - recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2007 Public Safety Interoperable Communications Grant Program Guidelines and Application Kit and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Statewide Communication Interoperability Plan (SCIP). C. The sub - recipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub- recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. D. Recipients will provide, from non - federal sources, not less than 20 percent of the costs of acquiring and deploying the interoperable communication systems funded under this award. Although the matching costs proposed in the Recipient's application represents the Recipient's best estimate of actual required matching costs, the final amount of required matching costs will be determined after submission and NTIA's approval of the Recipient's Investment Justification(s). The final approval matching costs will not be less than 20 percent of the costs of acquiring and deploying the interoperable communication systems funded under this award. 12) REIMBURSEMENT A. Sub - recipient agrees to make no request for reimbursement prior to return of this agreement and signed by the authorized sub- recipient representative. B. Sub- recipient agrees to make no request for reimbursement for goods or services procured by sub - recipient prior to the performance period start date of this agreement. 13) ADVANCE FUNDING A. If a financial hardship exists, a sub - recipient may request an advance of grant funds for expenditures incurred under this program. Requests must be made in writing by designated representative and submitted to GDEM /SAA. This will be accomplished using the SPARS website by following the instructions for generating hardship letters. GDEM /SAA will determine whether an advance will be made. B. If a sub - recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http : / /www. access. gpo. gov/ nara/ cfr /waisidx_04 /28cfrv2__04.html and the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub - awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http: / /www.access. gpo. gov / nara/ cfr /waisidx_03 /28cfr70_03.html. Sub- recipients must report any interest earned to GDEM /SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville , MD 20852 14) TRAINING, EXERCISE, & EQUIPMENT REQUIREMENTS A. Sub- recipient agrees that, during the performance period of this grant, any and all changes to their sub - recipient agreement regarding planning, training, equipment, and exercises must be routed through the appropriate reviewing authority, either the local Council of Governments or Urban Area Security Initiative (UASI) Working Group. B. Sub - recipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards - I11, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C - Post -Award Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and the Office of Grant Operations Financial Management Guide. http: // www .dhs.00v /xlibrary /assets /Grants FinancialManaoementGuide.odf _80- Page 6 OP 8 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM 20.07 Sub- Recipient Agreement For City of Corpus Christi TERMS AND CONDITIONS 15) National incident Management System (NIMS) and the Incident Command System (ICS) Sub - recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2007 must be achieved by completing actions outlined in the NIMS Implementation Matrix. Beginning in FY 07 compllance will no longer be measured by self- certification, but will transition to performance -based questions and a measurement system of metrics. A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident management system through ordinance, court order, or resolution. A copy of the adoption document should be provided to the Preparedness Section of the Division of Emergency Management. B. Implementation. The jurisdiction or organization must be implementing the principles and policies of NIMS /ICS, including these major requirements: 1. Identifying specific NIMS training requirements for local emergency responder and emergency management positions; then obtaining or providing required training, and documenting it. For further information on NIMS training, see: htto : / /www.fema.00v /emeraencv /nims /nims trainina.shtm 2. Updating jurisdiction or organization emergency plans and procedures to address the NIMS /ICS organizational structure, major functions, concepts, policies, and procedures. 3. Utilizing NIMS /ICS for day -to -day all- hazard emergency response and during exercises. 4. Participating In local, regional, or intrastate mutual aid programs. 5. Maintaining an inventory of emergency response assets, and identifying key assets by resource typing standards developed by FEMA to facilitate multi- agency response. For resource typing information, see: htto: / /www.fema,aov /emeraencv /nims /rm /rt.shtrrl 6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan. 7. Participate in an all- hazard exercise program based on NIMS that involves responders from multiple disciplines and multiple jurisdictions. For a more detailed description of these requirements, as well as other NIMS implementation requirements, seehtto: // www. fema.aov /Ddf /emeraencv /nims limo mtrx states.odf 16) OTHER REQUIREMENTS A. Projects identified in the State Preparedness Assessment Report System (SPARS) (www.texasdpa.com) must identify and relate to the goals and objectives indicated by the applicable 10 approved project investments for the period of performance of the grant. B. During the performance period of this grant, sub - recipient agrees that it will participate in a legally- adopted county and /or regional mutual aid agreement. C. During the performance period, the sub - recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major mobile resources costing $5,000 or more. This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. 17) CLOSING THE GRANT A. The sub - recipient must have all equipment ordered by April 30, 2010. The last day for submission of invoices is June 30, 2010. B. GDEM /SAA will close a sub -award after receiving sub - recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the sub- recipient is owed additional funds, GDEM /SAA will send the final payment automatically to the sub- recipient. If the sub - recipient did not use all the funds received, GDEM /SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. GDEM /SAA will unilaterally close out grant if sub - recipient does not reconcile account and sign closeout GAN by September 30, 2010. -81- Page 7 OF 8 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM 2007„Sub- Recipient Agreement Clty of'Cor .is'Christi TERMS AND CONDITIONS 18) PUBLICATIONS A. Sub - recipient acknowledges that the National Telecommunication Information Administration (NTIA) and FEMA National Preparedness Directorate (NPD) reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use and authorize others to use, for Federal government purposes: (1) the copyright In any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. The Recipient agrees to consult with NTIA and FEMA NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. B. The sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This Document was prepared under a grant from the NTIA and FEMA NPD, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security." 19) RESTRICTIONS, DISCLAIMERS and NOTICES A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM /SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGs, release of funds by GDEM is contingent upon regional funding allocation approval by the sub - recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub- recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. City of Corpus Christi Mayor Henry Garrett, Jr. 1201 Leopard StreetTX Corpus Christi, 78401 Jack Colley, Chief Division of Emergency Management Office of the Governor PO Box 4087 Austin , TX 78773 -0270 _82- Page B OF 8 ORDINANCE APPROPRIATING $1,798,271 FROM THE STATE OF TEXAS GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, FOR FUNDING ELIGIBLE UNDER THE FY 07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROJECT TO BE USED FOR THE ENHANCEMENT OF VOICE INTEROPERABILITY ON THE 800 MHz RADIO SYSTEM WITH A CITY MATCH OF $449,567.75 IN THE NO. 1061 STATE AND FEDERAL GRANT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,798,271 is appropriated in the No. 1061 State and Federal Grant Fund from the State of Texas Governor's Division of Emergency Management, for funding eligible under the FY 07 Public Safety interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $449,567.75. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the 8th day of July, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form 1.3 1 , 2008 Joseph aeji it Assistant City Attorney For City Attorney H:1 LEG- DIRVoseph106- PoliceAdv \Ords and Resols- '081ORD- Appro- PSIC.doc —83— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, llwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HA LEG- DIR\Joseph106- PoliceAdvlOrds and Resols- '081ORD- Appro- PSIC.doc —84— RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF CORPUS CHRISTI, PORTLAND, PORT ARANSAS, ROCKPORT, AND ARANSAS COUNTY TO ESTABLISH THE TERMS FOR THE SHARING OF THE FY 07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the cities of Corpus Christi, Portland, Port Aransas, Rockport, and Aransas County to establish the terms for the sharing of the FY 07 Public Safety Interoperable Communications (PSIC) Grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: kJ./ :�� `% , 2008 Joseph Ha ey Assistant City Attorney For City Attorney Resol - IntAg -PSIC Grant.doc -85- Henry Garrett Mayor Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Reso1- IntAg -RSIC Grant.doc 2 THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITIES OF CORPUS CHRISTI, PORTLAND, PORT ARANSAS, ROCKPORT, AND THE COUNTY OF ARANSAS PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT This agreement is made and entered into this day of , 2008, by and between the Parties, being more fully described as the City of Portland, the City of Port Aransas, the City of Rockport, the County of Aransas, and the City of Corpus Christi, acting by and through their governing bodies, hereinafter referred to as "Parties ", witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, this Agreement is part of the Public Safety Interoperable Communications (PSIC) Grant program, sponsored by the Department of Homeland Security, which provides funding to regional public safety agencies for the enhancement of interagency communications: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement. NOW THEREFORE, the PARTIES agree as follows: Section 1. The Parties have collectively been awarded a PSIC Grant with a total funding amount of $1,798,271. This includes a 20% match portion which totals $449,567. Each Party to this Agreement agrees to pay their respective 20% match portion of the PSIC Grant as outlined below: City of Portland- $92,295 City of Port Aransas- $74,723 City of Rockport- $104,621.50 County of Aransas- $104,621.50 City of Corpus Christi- $73,306 Section 2. Nothing in the performance of this Agreement shall impose any liability for claims against a Party other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 3. Each party to this Agreement will be responsible for its own actions in complying with this Agreement and shall not be liable for any civil liability that may arise from the compliance with this Agreement by another party. Section 4. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the Parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any Party not a signatory hereto. Section 6. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. EXECUTED by the Parties hereto, each its duly authorized official as required by which shall be deemed to be an original, counterpart executed by such entity. Port Aransas, Texas: respective entity acting by and through law, on multiple counterparts each of on the date specified on the multiple Michael Kovacs City Manager of Port Aransas, Texas ATTEST: Name Title Corpus Christi, Texas: George "Skip" Noe City Manager of Corpus Christi, Texas ATTEST: Name Title Portland, Texas: i ike anne, City Manager of Portland, Texas a► •y L. Wri• t Title Director of Public Safety Date Date Date Date Date: June 25, 2008 Date: June 25, 2008 Rockport, Texas: Thomas J. Blazek Date City Manager of Rockport, Texas ATTEST: Name Title Aransas County, Texas: Date C.H. "Burr Mills, Jr. Date County Judge of Aransas County, Texas ATTEST: Name Title Date THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT 1NTERLOCAL AGREEMENT BETWEEN THE CITIES OF CORPUS CHRISTI, PORTLAND, PORT ARANSAS, ROCKPORT, AND THE COUNTY OF ARANSAS PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT This agreement is made and entered into this day of , 2008, by and between the Parties, being more fully described as the City of Portland, the City of Port Aransas, the City of Rockport, the County of Aransas, and the City of Corpus Christi, acting by and through their governing bodies, hereinafter referred to as "Parties ", witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, this Agreement is part of the Public Safety Interoperable Communications (PSiC) Grant program, sponsored by the Department of Homeland Security, which provides funding to regional public safety agencies for the enhancement of interagency communications: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement. NOW THEREFORE, the PARTIES agree as follows: Section 1. The Parties have collectively been awarded a PSIC Grant with a total funding amount of $1,798,271. This includes a 20% match portion which totals $449,567. Each Party to this Agreement agrees to pay their respective 20% match portion of the PSIC Grant as outlined below: City of Portland- $92,295 City of Port Aransas- $74,723 City of Rockport- $104,621.50 County of Aransas- $104,621.50 City of Corpus Christi- $73,306 Section 2. Nothing in the performance of this Agreement shall impose any liability for claims against a Party other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 3. Each party to this Agreement will be responsible for its own actions in complying with this Agreement and shall not be liable for any civil liability that may arise from the compliance with this Agreement by another party. Section 4. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the Parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any Party not a signatory hereto. Section 6. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. EXECUTED by the Parties hereto, each its duly authorized official as required by which shall be deemed to be an original, counterpart executed by such entity. Port Aransas, Texas: respective entity acting by and through law, on multiple counterparts each of on the date specified on the multiple Michael Kovacs City Manager of Port Aransas, Texas ATTEST: Xz-\kh) Esther Arzola City Secretary Title Corpus Christi, Texas: George "Skip" Noe City Manager of Corpus Christi, Texas ATTEST: Name Title Portland, Texas: Mike Tanner City Manager of Portland, Texas ATTEST: Name Title Date 6 - ag Date Date Date Date Date Rockport, Texas: Thomas J. Blazek Date City Manager of Rockport, Texas ATTEST: Name Title Aransas County, Texas: Date C.H. "Burt" Mills, Jr. Date County Judge of Aransas County, Texas ATTEST: Name Title Date RESOLUTION NO. 2008 - 2 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF PORT ARANSAS, CORPUS CHRISTI, PORTLAND, ROCKPORT, AND THE COUNTY OF ARANSAS FOR A PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT. WHEREAS, This agreement is part of the Public Safety Interoperable Communications (PSIC) Grant program, sponsored by the Department of Homeland Security, which provides funding to regional public safety agencies for the enhancement of interagency communications; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions, shall make that performance or those payments from current revenue legally available to that party. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARANSAS, NUECES COUNTY, TEXAS, THAT: The City Manager is authorized to enter into an Interlocal Agreement between the Cities of Port Aransas, Corpus Christi, Portland, Rockport, and the County of Aransas for a Public Safety Interoperable Communications Grant. PASSED AND APPROVED this 25Th day of June 12008. ATTEST: 5 *k ita L Esther Arzola, City Secre' Hon. Cla . . e Brown, Mayor !".1 fw1rw.throfrorkporl. no ADMINISTRATION 622 E. Market Street Ri.clrpon, Tx. 78382 Meyer & City Ceue�ei! Cry Manager Clly.5ocrMOrx Finance Office Municipal Court Parke 5. Lal:urn Sorvlces Urrlay Castornar5nrvrtn Phonic: 361-729-2213 Fax: 361.790 -5966 Fax: 361- 790 -1165 CITY MALI ANNEX 621 E. Marker Strew Rockport, Tx. 78382 Building F. Impaction, Bulldlnp Permits Carlo Enforcement Phone: 361_790 -1156 Pax: 361 - 729.6 .476 Inspection Request Una: 361.790 -1177 PU6tIC SAFETY CENTER Pollen impartment 714 E. Concha Strati Rockport, Tx. 78352 Phone: 361-729-1111 Fox: 361 -790 -111 0 PUBLIC WORIM SERVICE CENTER 402 E. Laurel5tnrn Rockport, Tx. 78387 B.,Ilding Maintenance Finn? MaIManonen Str.retr d. Drainage Winer & Westnwutnr Urllfiy Phano:361- 790 -1160 Fetes 361.729 -7672 ROCKPORT BEACH PARK 212 Seabrcezo Drive Rockport, Tx, 70302 Benet, Opnratiiana Pa+illon & Park Rental; attach Cancramens Phone: 361 - 727 -2150 Fax: 361 -727 -9393 Tot! Fro*: 877.929.7977 COMMUNITY AQUATIC PARK 2001 Stadium Drive Rockport. 7x. 78382 Pool Opemrlone/Rentah & Swim Claims Phone: 361- 727 -9984 July 1, 2408 The Honorable Henry Garrett Mayor City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 George K. Noe City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Bryan Smith Chief of Police Corpus Christi Police Department P.Q. Box 9016 Corpus Christi, Texas 78469 Gentlemen: The City of Rockport is happy to hear that the Corpus Christi Police Department's hard work of last June on a region wide grant for Public Safety Interoperable Com- munications was approved. The Rockport City Council will consider the lnterlocal Agreement and the matching funds for this important regional project at its next meeting which is Tuesday, July 8. Staff believes the City Council will approve the interlocal Agreement and required match funding. Sincerely, Thomas . B aze City Manager THE STATE OF TEXAS COUNTY OF ORIGINAL KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITIES OF CORPUS CHRISTI, PORTLAND, PORT ARANSAS, ROCKPORT, AND THE COUNTY OF ARANSAS PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT This agreement is made and entered into this day of 'ii)e- , 2008, by and between the Parties, being more fully described as the City of Portland, the City of Port Aransas, the City of Rockport, the County of Aransas, and the City of Corpus Christi, acting by and through their governing bodies, hereinafter referred to as "Parties ", witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, this Agreement is part of the Public Safety lnteroperable Communications (PSIC) Grant program, sponsored by the Department of Homeland Security, which provides funding to regional public safety agencies for the enhancement of interagency communications: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement. NOW THEREFORE, the PARTIES agree as follows: Section on 1. 1 he Parties have collectively been awarded a PSIC Grant with a total tunding amount of $1,798,271. This includes a 20% match portion which totals $449,567. Each Party to this Agreement agrees to pay their respective 20% match portion of the PSIC Grant as outlined below: City of Portland- $92,295 City of Port Aransas- $74,723 City of Rockport- $104,621.50 County of Aransas- $104,621.50 City of Corpus Christi- $73,306 Section 2. Nothing in the performance of this Agreement shall impose any liability for claims against a Party other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 3. Each party to this Agreement will be responsible for its own actions in complying with this Agreement and shall not be liable for any civil liability that may arise from the compliance with this Agreement by another party. Section 4. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. i y entering into this Agreement, the Parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any Party not a signatory hereto. Section 6. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. EXECUTED by the Parties hereto, each its duly authorized official as required by which shall be deemed to be an original, counterpart executed by such entity. Port Aransas, Texas: respective entity acting by and through law, on multiple counterparts each of on the date specified on the multiple Michael Kovacs City Manager of Port Aransas, Texas ATTEST: Name Title Corpus Christi, Texas: George "Skip" Noe City Manager of Corpus Christi, Texas ATTEST: Name Title Portland, Texas: Mike Tanner City Manager of Portland, Texas ATTEST; Name Title Date Date Date Date Date Date Rockport, Texas: Thomas J. Blazek Date City Manager of Rockport, Texas ATTEST: Name Title Aransas County, //OP/ . // C.H. ; rt. .,ffi County Judge of Aransas County, Texas ATTEST: Name Title Date Date Date 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/08/2008 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $487,760 to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding eligible under the COPS 2008 Child Sexual Predator Program, funds to be used to reduce child endangerment, with a city in -kind contribution of $40,000, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Funds are available from the COPS Office to establish and/or enhance strategies to locate, arrest, and prosecute child sexual predators and exploiters as well as enforce state sex offender registration laws. REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: There is no cash match required of the grant. However the Law Enforcement Trust Fund will contribute funds towards the purchase of vehicles for the swom officers and the Police General Fund will provide for the fuel, academy training expenses, and equipment for officers once they have graduated from the academy. The grant will pay all salaries associated with the hiring of two swom officers for a full 2 year period from their hiring date of January, 2009. Funds are available for a 2 -year period beginning October 1, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant. B an P. Smit Chief of Police Attachments: • Grant application BACKGROUND INFORMATION These funds have been made available to agencies specifically invited by the United States Attorneys' Offices. Applicants must partner with the district United States Attomeys Office as well as demonstrate other partnerships with the United States Marshal. The Corpus Christi Police Department (CCPD) is an affiliate agency of the Department of Justice' 'Internet Crimes Against Children Task Force' with an existing MOU with the Texas Attorney General's Regional Internet Crimes Against Children (ICAC) Unit. The vision of the CCPD Children Sexual Predators and Exploiters (CSPE) Grant is two-fold: to reduce opportunity for child sexual predators to strike South Texas children; and, to improve capacity to investigate Internet crimes against children. There are five goals: 1. Increase and improve the Police Department's capacity to detect, locate, investigate arrest and prosecute Child Sexual Predators and Exploiters via the hiring and training of 2 swom officers and a forensic computer analyst. They will supplement the current Police staff of one sworn officer and a forensic computer analyst. 2. Improve capacity to monitor Child Sexual Predators on probation and parole through home visits (community policing) and with the use of computer monitoring initiatives, such as ISP tracking and computer software. 3. Initiate more proactive investigations using undercover and online investigations, conducted in partnership with partner agencies, especially the FBI, ICE, and Attorney General's Office. 4. Maintain excellent collaborative relationships already built with regional partner agencies, including the U.S. Attorney Office and the U.S. Marshal, and Child Sexual Predator prosecutors throughout South Texas by providing more resources, technical assistance, information, joint meetings, and training activities and materials to strengthen their effectiveness. 5. Increase outreach and educational activities via a community policing approach that builds greater awareness and proactively halts Child Sexual Predators via preventive measures. Application for Federal Assistance SF-424 • 1. Type of Submission: O Preapplicalion e Application C Changed /Corrected Application * 2. Type of Application: tz, New C Continuation r, Revision • 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: State Use Only: OMB Number: 4040 -0004 Expiration Date: 01!31!2009 Version 02 • If Revision, select appropriate letter(s): ' Other (Specify) " 5b. Federal Award Identifier: 6. Date Received by State: 17. State Application Identifier: 18. APPLICANT INFORMATION: * a. Legal Name: City of Corpus Christi b. Employer/Taxpayer Identification Number (EIN)TIN): 746000574 d. Address: * Streett: Streett: * City: County: * State: Province: • Country: • Zip/Postal Code: P. 0. Box 9277 * c. Organizational DUNS: 060390882 Corpus Christi Nueces Texas United States 78469 e. Organizational Unit: Department Name: Corpus Christi Police Dept. Division Name: Special Services, Organized Crime Unit f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. * First Name: Pat Middle Name: Perrine Last Name: Eldridge Suffix: Title: Police Administration Manager Organizational Affiliation: Corpus Christi Police Dept. * Telephone Number: 361-886-2696 Fax Number: (361) 886 -2607 * Email: pat @cctexas.com Tracking Number: Funding.ep o 5tTNumber: Received Pate: Time Zane; GMT-5 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: C: City Government Type of Applicant 2: ' Type of Applicant 3: * Other (specify): • 10. Name of Federal Agency: Community Oriented Policing Services 11. Catalog of Federal Domestic Assistance Number: 16.710 CFDA Title: COPS 2008 Child Sexual Predator Program (CSPP) * 12. Funding Opportunity Number: COPS-CSPP-2008-A ' Title: COPS FY2008 Child Sexual Predator Program (CSPP) 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): MSA: Corpus Christi - Kingsville State: Texas Cites & rural areas in Nueces, San Patrick), Aransas, & Kleberg Counties; All citizens and youth, law enforcement personnel, and justice system personnel living and working in these geographic areas directly benefit from the effective implementation of this grant. * 15. Descriptive Title of Applicant's Project: CCPD Child Sexual Predator Unit Attach supporting documents as specified in agency instructions. Tracking Number. FundlrfTO11 41 t r Number: Received Date: Time Zone: GMT-` Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant TX -027 Attach an additional list of Program /Project Congressional Districts if needed. 17. Proposed Project: • a. Start Date: 09/01/2008 18. Estimated Funding ($): • a. Federal • b. Applicant • c. State • d. Local * e. Other * f. Program Income * g. TOTAL 487,760.00 0.00 0.00 0.00 0.00 0.00 487,760.00 * b. Program/Project: TX -027 • b. End Date: 08/31/2010 *19.1s Application Subject to Review By State Under Executive Order 12372 Process? tJ a. This application was made available to the State under the Executive Order 12372 Process for review on 07/09/2008 C b. Program is subject to E.O. 12372 but has not been selected by the State for review. O c. Program is not covered by E.O. 12372. " 20. Is the Applicant Delinquent on Any Federal Debt? (If "Yes ", provide explanation on the next page.) O Yes . No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications"* and (2) that the statements herein are true, complete and accurate to the best of my knowledge. l also provide the required assurances** and agree to com- ply with any resulting terms if I accept an award. l am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) p **I AGREE " The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Middle Name: * Last Name: Suffix: Mr. K. * First Name: George Standard Form 424 (Kevised 1U/200b) Prescribed by OMB Circular A -102 Noe • Title: City Manager, City of Corpus Christi • Telephone Number: 361- 826 -3220 • Email: georgen ©cctexas.com * Signature of Authorized Representative: Authorized for Local Reproduction Tracking Number: Fax Number: 361 -880 -3839 • Date Signed: 07/08/2008 Funding- tOpdduli YiNumber: Received Date: Time Zona: GMT -5 OMB Number. 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 Applicant Federal Debt Delinquency Explanation The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Not applicable. -108- Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form (including the continuation sheet) required for use as a cover sheet for submission of preapplications and applications and related information under discretionary programs. Some of the items are required and some are optional at the discretion of the applicant or the Federal agency (agency). Required items are identified with an asterisk on the form and are specified in the instructions below. In addition to the instructions provided below, applicants must consult agency instructions to determine specific requirements. Item Entry: Item Entry: 1. Type of Submission: (Required): Select one type of submission in accordance with agency instructions. • Preapplication • Application • Changed /Corrected Application — If requested by the agency, check if this submission is to change or correct a previously submitted application. Unless requested by the agency, applicants may not use this to submit changes after the closing date. f. Name and contact information of person to be contacted on matters involving this application: Enter the name (First and last name required), organizational affiliation (if affiliated with an organization other than the applicant organization), telephone number (Required), fax number, and email address (Required) of the person to contact on matters related to this application. 2. Type of Application: (Required) Select one type of application in accordance with agency instructions. • New —An application that is being submitted to an agency for the first time. • Continuation -An extension for an additional funding/budget period for a project with a projected completion date. This can include renewals. • Revision -Any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision, enter the appropriate letter(s). More than one may be selected. if "Other" is selected, please specify in text box provided. A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration E. Other (specify) 9. Type of Applicant: (Required) Select up to three applican type(s) in accordance with agency instructions. A. State Government B. County Government C. City or Township Government D. Special District Government E. Regional Organization F. U.S. Territory or Possession G. Independent School District H. Public/State Controlled Institution of Higher Education 1. Indian/Native American Tribal Government (Federally Recognized) J. Indian /Native American Tribal Government (Other than Federally Recognized) K. IndianlNative American Tribally Designated Organization L. Publicllndian Housing Authority M. Nonprofit with 501 C3 IRS Status (Other than Institution of Higher Education) N. Nonprofit without 501C3 IRS Status (Other than Institution of Higher Education) 0. Private Institution of Higher Education P. Individual Q. For - Profit Organization (Other than Small Business) R. Small Business S. Hispanic - serving Institution T. Historically Black Colleges and Universities (HBCUs) U. Tribally Controlled Colleges and Universities (TCCUs) V. Alaska Native and Native Hawaiian Serving Institutions W. Non- domestic (non -US) Entity X. Other (specify) 3. Data Received: Leave this field blank. This date will be assigned by the Federal agency. 4. Application identifier: Enter the entity identifier assigned by the Federal agency, if any, or applicant's control number, if applicable. 5a. Federal Award Identifier: Enter the number assigned to your organization by the Federal Agency, if an. 5b. Federal Award Identifier: For new applications leave blank. For a continuation or revision to an existing award, enter the previously assigned Federal award identifier number. If a changed /corrected application, enter the Federal Identifier in accordance with agency instructions. 6. Data Received by State: Leave this field blank. This date will be assigned by the State, if applicable. 7. State Application Identifier: Leave this field blank. This identifier will be assigned by the State, if applicable. a. Applicant information: Enter the following in accordance with agency instructions: a. Legal Name: (Required): Enter the legal name of applicant that will undertake the assistance activity. This is the name that the organization has registered with the Central Contractor Registry. Information on registering with CCR may be obtained by visiting the Grants.gov website. 10. Name Of Federal Agency (Required) Enter the name of the Federal agency from which assistance is being requested with this application. 11. Catalog Of Federal Domestic Assistance Number/ Title: Enter the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested, as found in the program announcement, if applicable. b. Employer/Taxpayer Number (EINmN): (Required): Enter the Employer or Taxpayer Identification Number (EIN or TIN) as assigned by the Internal Revenue Service. If your organization is not in the US, enter 44- 4444444. 12. Funding Opportunity Numbermtle: (Required) Enter the Funding Opportunity Number and title of the opportunity under which assistance is requested, as found in the program announcement. c. Organizational DUNS: (Required) Enter the organization's DUNS or DUNS +4 number received from Dun and Bradstreet. Information on obtaining a DUNS number may be obtained by visiting the Grants.gov website 13. Competition Identification Number/Title: Enter the Competition Identification Number and title of the competition under which assistance is requested, if applicable. d. Address: Enter the complete address as follows: Street address (Line 1 required), City (Required), County, State (Required, if country is US), Province, Country (Required), ZiplPostal Code (Required, if country is US). 14. Areas Affected By Project: List the areas or entities using the categories (e.g., cities, counties, states, etc.) specified in agency instructions. Use the continuation sheet to enter additional areas, if needed. e. Organizational Unit: Enter the name of the primary organizational unit (and department or division, if applicable) that will undertake the assistance activity, if applicable. — 10 9- Item Entry: Item Entry: 15. Descriptive Title of Applicant's Project: (Required) Enter a brief descriptive title of the project. If appropriate, attach a map showing project location (e.g., construction or real property projects). For preapplicatians, attach a summary description of the project. 19. Is Application Subject to Review by State Under Executive Order 12372 Process? Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. Select the appropriate box. If "a " is selected, enter the date the application was submitted to the State. 16. Congressional Districts Of: (Required) 16a. Enter the applicant's Congressional District, and 16b. Enter all District(s) affected by the program or project. Enter in the format: 2 characters State Abbreviation — 3 characters District Number, e.g., CA -005 for California 5th district, CA -012 for Califomia 12th district, NC -103 for North Carolina's 103rd district. • If all congressional districts in a state are affected, enter "all° for the district number, e.g., MD -all for all congressional districts in Maryland. • If nationwide, i.e. all districts within all states are affected, enter US -all. • If the program/project is outside the US, enter 00 -000. 20. Is the Applicant Delinquent on any Federal Debt? (Required) Select the appropriate box. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. If yes, include an explanation on the continuation sheet. 21. Authorized Representative: (Required) To be signed and dated by the authorized representative of the applicant organization. Enter the name (First and last name required) title (Required), telephone number (Required), fax number, and email address (Required) of the person authorized to sign for the applicant. A copy of the governing body's authorization for you to sign this application as the official representative must be on file in the applicants office. (Certain Federal agencies may require that this authorization be submitted as part of the application.) 17. Proposed Project Start and End Dates: (Required) Enter the proposed start date and end date of the project. 18. Estimated Funding: (Required) Enter the amount requested or to be contributed during the first funding/budget period by each contributor. Value of in -kind contributions should be included on appropriate lines, as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decreases, enclose the amounts in parentheses. -110- Standard Application Forms 7X17802 SECTION 14: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS Certification of Review of 28 C.F.R. Part 23/Criminal Intelligence Systems You must answer this question regardless of the type of COPS grant for which you are applying. Please review the COPS Application Guide: Legal Requirements Section for additional information. Please check one of the following, as applicable to your agency's intended use of this grant: El No, my agency will not use these COPS grant funds (if awarded) to operate an interjurisdictional criminal intelligence system. 12 Yes, my agency will use these COPS grant funds (if awarded) to operate an interjurisdictional criminal intelligence system. By signing below, we assure that our agency will comply with the requirements of 28 C.F.R. Part 23. The signatures of the Law Enforcement Executive /Program Official and Government Executive/Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements: 1) Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic requirements that govern the applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2) Attests to the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures on the reverse side of this page must be made by the actual executives named on this application unless there is an officially documented authorization fora delegated signature. If your jurisdiction has such an official document, it must be attached to this application. Applications with missing, incomplete, or inaccurate signatures or responses may not be considered for funding. Stamped or electronic signatures (unless applying online via Grants.gov) also will not be accepted. Original signatures are required. Faxed copies will not be accepted. Applications postmarked after the final application deadline date may not be considered for funding. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investigation concerning a current grant award. By signing an the reverse side of this page, I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. l understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. 26 Standard Application Forms Law Enforcement Executive /Program Official's Signature: ( ignature of person name+ion 2 of this form) Government Executive /Financial Official's Signature: (Signature of person named in Section 2 of this form) Official Partner(s) Signature: Date: 07/09/2008 Date: 07/09/2008 Date: 07/09/2008 (Signature of person(s) named in Section 12 of this form, if applicable) Date: 07/09/2008 (Signature of person(s) named in Section 12 of this form, if applicable) Date: 07/09/2008 (Signature of person(s) named in Section 12 of this form, if applicable) Date: 07109/2008 (Signature of person(s) named in Section 12 of this form, if applicable) 27 -112- TX17802 Standard Application Forms SECTION 15: ASSURANCES Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421 -6770. By the applicants authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. in particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. 11 will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A -87), 2 CFR 220 (OMB Circular A -21), 2 CFR Part 230 (OMB Circular A -122) and 48 CFR Part 31.000, et seq. (FAR 31.2) (governing cost priniciples); OMB Circular A -133 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from 28 participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non - discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301- 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non - Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights. Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen -month period), must submit an acceptable Equal Employment Opportunity Plan ('EEOP) or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or tor grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the EEOP requirement.) 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455 - 41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such fisting by the EPA. -113- Standard Application Forms 11. if the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non - exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on- the -job seat belt policies and programs for employees when operating agency- owned, rented or personally -owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti -Lobby Act, 18 U.S.C. 1913. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. 07/09/2008 Si. ature of Law Enforcement Ex" :''Official with Date Programmatic Authority, as applicable) Signature of Government Executive (or Official with Financial Authority, as applicable) 07/09/2008 Date 29 —114— Standard Application Forms TX17802 SECTION 16: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agenc}+'s certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, New Restrictions on Lobbying,' 28 CFR Part 67, "Government -Wide Debarment and Suspension (Nonprocurement),' 28 CFR Part 83 Govemment -Wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867.437 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; 30 (ii) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three -year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue to, provide a drug - free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about - —115— Standard Application Forms (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug - abuse violations occurring in the workplace; (ill) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (i ), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) 321 John Sartain Corpus Christi, Nueces, TX 78401 Check ❑ if there are workplaces on file that are not identified here. 4, Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicants grant proposal if approved. Affected agencies may indude, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: City of Corpus Christi Grantee IRS! Vendor Number: 746000576 False statements or claims made in connection wilh COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Typed Name and Title of Law Enforcement Executive (or Official with Programmatic Authority, as applicable): Bryan P. Smith, Chief of Police Signature: Date: 07/09/2008 Typed Name and Title of Govemment Executive (or Official with Financial Authority, as applicable): City of Corpus Christi George K. Noe, City Manager Signature: Date: 07/09/2008 31 —116— RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $487,760 TO THE U. S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), FOR FUNDING ELIGIBLE UNDER THE COPS 2008 CHILD SEXUAL PREDATOR PROGRAM, FUNDS WILL BE USED TO REDUCE CHILD ENDANGERMENT, WITH A CITY IN -KIND CONTRIBUTION OF $40,000 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to submit a grant application in the amount of $487,760 to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding eligible under the COPS 2008 Child Sexual Predator Program, funds will be used to reduce child endangerment, with a city in -kind contribution of $40,000 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form \IL to 1 , 2008 Joseph Ha Assistant City Attorney For City Attorney H:1 LEG- DIR\Joseph106- PoliceAdv \Ords gd7Resols- '081Reso- grant- COPS - app.doc Corpus Christ, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1 LEG- DIRUoseph106- PoliceAdv \Ords and Resols- '081Reso- grant- COPS - app.doc —1 1 8— 12 AGENDA MEMORANDUM July 08, 2008 AGENDA ITEMS: A. Ordinance Appropriating $2,234,346 from the Federal Aviation Administration Grant No. 3-48- 0051 -40 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems, Phase II; Modify Aircraft Rescue & Fire Fighting Building, Phase 1; Construct Perimeter Service Road, Phase I: and Construct Equipment Maintenance Building, Phase I at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,234,346; and Declaring an Emergency B. Ordinance Appropriating $2,500,000 from the Federal Aviation Administration Grant No. 3-48- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to Improve Airport Drainage, Area VI, Phase 11 at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by$2,500,000; and Declaring an Emergency C. Ordinance Appropriating $2,800,000 from the Federal Aviation Administration Grant No. 3-48- 0051 -42 -2008 in the No. 3020 Airport Capital improvement Fund to Rehabilitate Taxiway Systems, Phase 0 at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,800,000; and Declaring an Emergency D. Ordinance transferring $600,100 from Airport Capital Reserve Fund 4611 and appropriating $600,100 into the Airport CIP Fund — Capital Reserve Fund 3020A to Rehabilitate Taxiway Systems, Phase II; Modify Aircraft Rescue & Fire Fighting Building, Phase 1; Construct Perimeter Service Road, Phase I; Construct Equipment Maintenance Building, Phase I and to Improve Airport Drainage, Area VI, Phase II at Corpus Christi international Airport; the amending FY 2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $600,100;and Declaring an Emergency ISSUE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport_ Improvement Program (AIP) grants. The FAA has offered Grants 40, 41 & 42 to the City of Corpus Christi to fund taxiway, drainage, and perimeter road improvements on airport property as well as modifications to the Aircraft Rescue Fire Fighting (ARFF) Building and construction of an equipment maintenance building. The grants are in the amount of $2,234,346, $2,500,000 and $2,800,000 respectively with the Airport contributing a 5% match with Airport Capital Reserve funds. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the Ordinances as presented. ADDITIONAL SUPPORT MATERIAL =NA-di-sit A Rarknrnimd information Fernando A. Segundo Director of Aviation —121— BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City has received offers for FFA Grants 3 -48- 0051 -40 -2008, 3 -48- 0051 -41 -2008 and 3- 48- 0051 -42 -2008 in the total amount of $7,534,346 to fund taxiway, drainage, and perimeter road improvements on airport property as well as modifications to the Airport Rescue Fire Fighting (ARFF) Building and construction of an equipment maintenance building. These grants cover 95% of the project(s) cost with the Airport's match of 5 %. Authorization to accept the grants by resolution is necessary to proceed with the award process. The City Council formally authorized the City Manager to accept the grants by resolution on May 13, 2008. PROJECTS DESCRIPTION: The grants will fund the following improvements: Rehabilitation of the airport taxiway system. Work milling and overlaying of approximately 43,000 square yards of damaged asphalt pavement; and routing, crack sealing and pavement sealing of approximately 214,000 square yards of asphalt pavement. In addition, CCIA currently has a majority of its airfield guidance signs that are in need of replacement. This work will include replacing all fixtures, transformers, connector kits, duct bank, cabling, some concrete bases and associated signage. The installation of this signage will greatly reduce the amount of energy CCIA currently uses to operate these signs and meet current FAA requirements. The construction of this project will enhance and increase the life of the existing Taxiway System. Rehabilitation of Taxiway M in conjunction with the U.S. Coast Guard's (USCG) design and construction of a 50,000 SF facility on approximately 16 acres of Airport property to accommodate personnel and aircraft. Access to the taxiway system from this area will be provided through an existing taxiway, formerly identified as Taxiway "M ". This taxiway is only 50' wide and has no lighting system. This project includes the rehabilitation of approximately 1500 linear feet of this existing taxiway. The project will include taxiway reconstruction, taxiway widening to accommodate USCG aircraft, installation of taxiway lighting system and guidance signs, and grading. ARFF Station modifications will allow for adequate clearance for ARFF vehicles which are being designed wider and larger. This project will also extend the vehicle apron surrounding the ARFF station, replace portions of damaged concrete panels within the existing vehicle apron and provide an additional access road from the ARFF station to the airfield at Taxiway "D ". Drainage Improvements Phase VI continues CCIA's effort to increase drainage capacity to meet current FAA requirements. These improvements include: Increasing the storm water storage and culvert capacities to meet a 25 -year storm water event. —122— BACKGROUND INFORMATION Rehabilitation of the Airport perimeter road is needed due to substantial airport acreage acquisition over the years. Airport Public Safety /ARRF Personnel/EMT Personnel do not have access to certain areas within the Airport property perimeter boundary. This project will extend the existing perimeter road to areas that are currently inaccessible. This includes the construction of approximately 21,000 linear feet of additional perimeter road (including associated drainage work) to provide access to these areas in case of emergencies and/or for perimeter boundary inspections and provide security in accordance with an FAA approved Title 49 CFR, Part 1542 plan. Maintenance Equipment Building Equipment is currently housed in an existing 25+ year old Aircraft Hangarthatwas initially built for aircraft maintenance and storage. This project will construct a storage building to house and protect AIP purchased equipment from the corrosive natural elements that exist in the local environment. FUNDING: Funding is available from the FAA Grant and Airport CIP Funds. BOARD /COMMITTEE REVIEW: The Airport Board will consider the grant offers at its July 9, 2008 Meeting. AN ORDINANCE APPROPRIATING $2,234,346 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3- 48- 0051-40 -2008 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO REHABILITATE TAXIWAY SYSTEMS, PHASE II; MODIFY AIRCRAFT RESCUE & FIRE FIGHTING BUILDING, PHASE 1; CONSTRUCT PERIMETER SERVICE ROAD, PHASE I; AND CONSTRUCT MAINTENANCE EQUIPMENT BUILDING, PHASE I, AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING THE FY2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $2,234,346; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $2,234,346 from the Federal Aviation Administration, Grant No. 3- 48- 0051 -40 -2008, is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate taxiway systems, Phase II; modify Aircraft Rescue & Fire Fighting Building, Phase I; construct perimeter service road, Phase I; and construct maintenance equipment building, Phase I, at Corpus Christi International Airport. SECTION 2. The FY2008 Capital Budget, adopted by Ordinance No. 027546, is amended to increase appropriations by $2,234,346. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: Armando Chapa City Secretary ROVED: June 18,; 2008 Eliza =th R. Hundle Assis : nt City Attorney for the City Attorney EHord232.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING $2,500,000 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48- 0051 -41 -2008 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO IMPROVE AIRPORT DRAINAGE, AREA VI, PHASE II, AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING THE FY2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $2,500,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $2,500,000 from the Federal Aviation Administration, Grant No. 3- 48- 0051 -41 -2008, is appropriated in the No. 3020 Airport Capital Improvement Fund to improve airport drainage, Area VI, Phase II, at Corpus Christi International Airport. SECTION 2. The FY2008 Capital Budget, adopted by Ordinance No. 027546, is amended to increase appropriations by $2,500,000. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED: June 18, 2008 Eliz- • :-th R. Hund -y Assis ant City Attorney for the City Attorney EMord233.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING $2,800,000 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3- 48- 005142 -2008 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO REHABILITATE TAXIWAY SYSTEMS, PHASE II, AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING THE FY2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $2,800,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $2,800,000 from the Federal Aviation Administration, Grant No. 3- 48- 0051 -42 -2008, is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate taxiway systems, Phase II, at Corpus Christi International Airport. SECTION 2. The FY2008 Capital Budget, adopted by Ordinance No. 027546, is amended to increase appropriations by $2,800,000. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED: June 20, 2008 AL- 1 .1b Eliz/ th R. Hundley Assistant City Attorney for the City Attorney EHord234.doc —128— CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE TRANSFERRING $600,100 FROM AIRPORT CAPITAL RESERVE FUND NO. 4611 AND APPROPRIATING $600,100 IN THE AIRPORT CAPITAL IMPROVEMENT PROJECTS FUND - CAPITAL RESERVE FUND NO. 3020A TO REHABILITATE TAXIWAY SYSTEMS, PHASE II; MODIFY AIRCRAFT RESCUE & FIRE FIGHTING BUILDING, PHASE 1; CONSTRUCT PERIMETER SERVICE ROAD, PHASE I; CONSTRUCT MAINTENANCE EQUIPMENT BUILDING, PHASE I; AND IMPROVE AIRPORT DRAINAGE, AREA VI, PHASE II, AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING THE FY2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $600,100; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds, in the amount of $600,100, are transferred from the Airport Capital Reserve Fund No. 4611 and appropriated in the Airport Capital Improve- ment Projects Fund - Capital Reserve Fund No. 3020A to rehabilitate taxiway systems, Phase 11; modify Aircraft Rescue & Fire Fighting Building, Phase 1; con- struct maintenance equipment building, Phase 1; and improve airport drainage, Area VI, Phase 11, at Corpus Christi International Airport. SECTION 2. The FY2008 Capital Budget, adopted by Ordinance No. 027546, is amended to increase appropriations by $600,100. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: Armando Chapa City Secretary ROVED: June 18 2008 Eliz.:eth R. Hundle Assi tant City Attorney for the City Attorney EHord235.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 8, 2008 AGENDA ITEM: A) Motion approving the purchase of continuous coverage product maintenance from Sungard Public Sector of Lake Mary, Florida in the amount of $152,701.00 through June 30, 2009 for the Sungard Public Sector suite of application modules. B) Motion approving the purchase of continued annual maintenance costs from Sungard Public Sector of Lake Mary, Florida for the Sungard Public Sector suite of products subject to annual appropriation of funds based on sole source. ISSUE: Software must be licensed and maintained to allow for upgrades and improvements and to ensure that it stays compatible with other systems. Sungard Public Sector provided invoice number 881964 for annual maintenance from July 1, 2008 through June 30, 2009 of the City of Corpus Christi's Sungard Public Sector application modules. Sungard Public Sector is the sole provider of Sungard Public Sector application software maintenance. BACKGROUND: On March 26, 1996, City Council authorized the purchase of the Sungard Public Sector Customer Information System from Sungard Public Sector of Lake Mary, Florida. The system was purchased to replace the old IBM mainframe system and the custom programs written in house for utility billing, cashiering, and accounts receivable applications. The purchase was part of the City's overall plan to replace outdated mainframe systems with state of the art technology and to provide Y2K compliance. Today this system drives the Customer Information System, providing not only the utility billing function for the City Utilities Business Office, but also providing a system for Central Cashiering, Accounts Receivable and Collections, Development Services, and Neighborhood Services. In June 2004 the City added the Click to Government modules to the Sungard Public Sector suite of applications. On September 18, 2007 the City added the Planning and Zoning, and the GIS Looking Glass modules for the Development Services Center. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: 1. September 18, 2007, authorization to purchase Planning and Zoning and GIS Looking Glass modules to the Sungard Public Sector suite of applications. 2. June 19, 2007, authorization for.Amga1 Maintenance through June 30, 2008. 3. July 11, 2006, authorization for Annual Maintenance through June 30, 2007. 4. July 12, 2005, authorization for Annual Maintenance through June 30, 2006. 5. June 29, 2004, authorization for Annual Maintenance through June 30, 2005. 6. June 29, 2004, authorization to purchase Click to Government modules to the H.T.E. suite of applications 7. July 8, 2003, authorization for Annual Maintenance through June 30, 2004. 8. July 16, 2002, authorization for Annual Maintenance through June 30, 2003. 9. March 26, 1996, authorization to purchase the Sungard H.T.E Customer Information System. FUNDING: The total cost of $152,701.00 will be funded from the MIS Department FY0708 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. i. 1rr t1 tiA i ti . Michael Armst + ng Director of MIS Attachments: Sungard Public Sector Invoice number 881964 SUNGARD' PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800 - 727 -8088 www.sungard.com /publicsector Bill To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361 - 880 -3753 Invoice Company 100 Document No Date 881964 29/May/2008 Page 1 of 4 Ship To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361- 880 -3753 Customer Grp/No. Customer Name 1 1276 City of Corpus Christi Customer PO Number Currency USD Terms NET30 Due Date 28 /Jun/2008 SUNGARD' PUBLIC S ECTO R 1000 Business Center Drive Lake Mary, FL 32746 800 -727 -8088 www.sungard.com/publicsector Bill To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361 -880 -3753 Invoice Company 100 Document No Date 881964 29/May/2008 Page 2 of 4 Ship To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361 -880 -3753 Customer Grp/No. Customer Name 1 1276 City of Corpus Christi Customer PO Number Currency LUSD Terms NET30 Due Date 28/Jun/2008 SUNGARD' PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800- 727 -8088 www.sungard.com /publicsector Bill To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361 -880 -3753 Invoice Company 100 Document No Date 881964 291May12008 Page 3 of 4 Ship To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361 -880 -3753 Customer Grp/No. Customer Name 1 1276 City of Corpus Christi Customer PO Number Currency USD Terms NET30 Due Date 28/Jun/2008 SUNGARD'PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800- 727 -8088 www.sungard.com /publicsector Bill To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361 -880 -3753 Invoice Company 100 Document No Date 881964 29/May/2008 Page 4 of 4 Ship To: City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI, TX 78401 United States Attn: Debby Studer 361- 880 -3753 Customer Grp✓No. Customer Name 1 1276 City of Corpus Christi Customer PO Number Currency IfSD Terms NET30 Due Date 28 /Jun/200B 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 8, 2008 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a one -year lease agreement with Del Mar College for office space on the Del Mar West Campus for the purpose of providing office and storage space to support Fire Department Training Division, at a cost of $40,000; and declaring an emergency. ISSUE: In order to consolidate Fire Department Training into one location, the Fire Department is requesting authorization to enter into a one year lease agreement with Del Mar College to provide administrative space at the West Campus location. Currently, CCFD Training staff is located in a sixty six year old converted fire station located at 209. S. Caranchua. The current site requires extensive repairs, and is not conducive as a learning environment. Additionally, instructors and equipment must be transported between the West Campus and the Caranchua site. The one year lease agreement for $40,000 will provide 2,310 square feet of space for offices, storage on the campus in which a state of the art Fire Training facility is located. The lease amount also includes 24 -hour security, utilities, parking, maintenance, and janitorial services. The term of the agreement is for one year beginning on July 15, 2008 and continuing through July 14, 2009. Either party may terminate this Agreement by giving 30 days written notice. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a one -year lease agreement with Del Mar College for office space on the Del Mar West Campus. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends authorizing the City Manager to execute a one -year lease Agreement with Del Mar College for office space on the Del Mar West Campus. Richard Hooks Fire Chief Attachments: 1. Lease Agreement 2. Ordinance C:1Documents and Settings \RickR \My DocumentslAgenda Items DelMar lease to Council 070808.doc -143- BACKGROUND INFORMATION Currently Fire Department Training offices and instructors are located in a vacated fire station at 209 S. Carancahua, which was built in 1942. The facility is sixty -six years old and is in need of significant repairs. Due to the need for extensive exterior repair and cost involved with recovery of lead based paints, a recent estimate to paint the structure amounted to approximately S300,000.00. The buildings are not ADA compliant, and the environment is not conducive to instructional training. In 2006 CCFD entered into a co- operative training agreement with Del Mar College. The agreement provides access to a state of the art fire training facility, but does not provide for instructor office space, or equipment storage. Currently, firefighters and cadets receive instructional training at the Carancahua site. Students, instructors and large equipment must then be transported to the Del Mar site in order to conduct "hands on" training. The proposed lease agreement includes administrative and instructional support space, electrical, utilities, 24 hour on site security, janitorial services, building maintenance, parking spaces and access to supplemental classrooms. C:IDocuments and SettingslRickR\My Documents\Agenda Items\DelMar lease to Council 070808.doc —144— LEASE AGREEMENT Del Mar College District, (called "College" herein), a political subdivision of the State of Texas, which is located at 101 Baldwin, Corpus Christi, Nueces County, Texas, 78404, and the City of Corpus Christi, Corpus Christi Fire Department. 406 Leopard, Suite #300, Corpus Christi. Texas, 78408 (called "Tenant" herein), hereby agree as follows: 1. Purpose of Agreement: The College agrees to provide Tenant with 2,310 square feet of space on the Del Mar College West Campus (called "space" or "leased premises" herein) for the purpose of providing administrative and instructional support to the Fire Academy in the Public Safety program. 2. Consideration for Use of Space: In consideration for the use of the space to be provided by the College, the City of Corpus shall pay to the College an annual rent in the amount of $40,000, payable in monthly installments of $3333.33. This amount includes the following services: 24 -hour campus -wide security, utilities (water /electricity /gas /sewer), and utilization of parking areas (excluding reserved parking which may be available - -at current rates). In addition, accounts will be established by the College for the telephone, fax, and intemet connections utilized by the Tenant. 't'enant shall pay for all charges within 10 days after being invoiced by the College. Tenant shall be provided with a copy of the policies of the College at the inception of occupancy and all Tenant employees shall be expressly subject to and agree to abide by the policies of the College. The policies include, but are not limited to, the following: safe work place (5.72), smoking (5.73), drugs and alcohol (5.74), professional working environment (5.75), sexual harassment (5.76), and computer utilization (3.2). Violation of the District's policies by the Tenant or any of its employees will be grounds for immediate termination of this Use Agreement. 3. Term of this Use Agreement: This Use Agreement shall be for a term of one year beginning July 15, 2008, and continuing through July 14, 2009. 4. Space to be Provided: During the term of this Use Agreement, the College will provide 2.310 square feet of space on the Del Mar College West Campus to Tenant. The space provided will be designated at the sole discretion of the College, and Tenant must use the provided space for the intended purpose related to the Fire Academy training. Space shall be made available for use by Tenant in accordance with the policies and guidelines promulgated by the College, including, but not limited to, regular operating hours and the unavailability of space during prescribed holidays as established by the College. 5. Basic Services, Maintenance and Repair: In addition to the space provided by the College, the College will provide janitorial and other maintenance services for the upkeep of the leased premises. The College will provide hot and cold water at those of supply provided for general use in the facilities, heat or air conditioning during normal business hours, routine maintenance of electric lighting and replacement of light bulbs. 6. Tenant's Insurance: Tenant, at its sole cost, must procure and maintain at least the following insurance coverages throughout the term of this Use Agreement: (a) Commercial General Liability Insurance (CGL): The CGL liability insurance -145- (also known as broad form comprehensive general liability insurance) shall insure Tenant against liability for bodily injury, property damages (include loss of use of property), and personal injury arising out of the operation, use, or occupancy of the Leased Premises. The insurance policy must provide coverage in an amount not less than ONE MILLION AND NO /l00 DOLLARS ($1,000,000.00) per occurrence; designate the College as an additional insured under the insurance policy, and include a waiver of subrogation in favor of the College. The Iiability insurance obtained by Tenant shall be primary and non - contributing, with all policies of the College being excess, secondary, and non - contributing. (b) Property Insurance: Broadest available property insurance for 100% of the replacement cost of Tenant's furniture, fixtures, equipment and other property. College will not be responsible for the loss or damage to Tenant's property. (c) Proof of Insurance: Tenant may present a certificate of Self- insurance as proof of required insurance coverage. Tenant further agrees to provide College with copies of all insurance policies required herein upon taking occupancy of the leased premises. 7. Indemnities and Waivers: To the extent permitted by law, Tenant shall indemnify College against and hold College harmless from any and all costs, claims, or liability proximately caused by the acts or omissions of Tenant or any of the other Tenant parties, including the negligence, gross negligence, or intentional misconduct of the Tenant or any its employees; any breach or default in the performance of Tenant's obligations under this Use Agreement; or, any misrepresentation or breach of warranty by Tenant under this Use Agreement. Tenant shall defend College against any such indemnified cost, claim, or liability at Tenant's expense with counsel reasonably acceptable to College. College shall not be liable to Tenant or to any other Tenant parties for any liability or loss arising out of or in connection with any criminal activity or damage or injury to persons or property caused by persons gaining access to the leased premises, whether or not caused in whole or in part by College's negligence, and Tenant hereby releases College from all liability and/or loss relating thereto. In addition, Tenant shall indemnify and hold and save College harmless against any and all liability or loss to Tenant arising out of or in connection with any criminal activity or damage or injury to persons or property caused by persons gaining access to the premises to the extent proximately caused by the negligence or intentional misconduct of Tenant. 8. Signs: Tenant may not place any signs in or around the leased premises without the College's prior consent. which consent may be withheld or conditioned by College at 2 —146— College's sole and absolute discretion. 9. Termination Notice: Either party may terminate this Use Agreement by giving 30 days written notice of such proposed termination. If the College or Tenant elects to terminate this Use Agreement, or the Interlocal Agreement between Del Mar College and the City of Corpus Christi is terminated, or if any of the terms of this Use Agreement are not honored, written notice of termination will be provided to all parties immediately and the Tenant will vacate the premises within 30 days. AGREED: DEL MAR COLLEGE DISTRICT By: Jose L. Alaniz, Acting President CITY OF CORPUS CHRISTI By: George K. Noe, City Manager By: CORPUS CHRISTI FIRE DEPARTMENT Richar• ooks, Fire Chief 3 —147— Date: Date: Date: 6 /24k1S AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE -YEAR LEASE AGREEMENT WITH DEL MAR COLLEGE FOR OFFICE SPACE ON THE DEL MAR WEST CAMPUS FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE AND INSTRUCTIONAL SUPPORT TO THE FIRE ACADEMY AT A COST OF $40,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a one -year lease agreement with Del Mar College for office space on the Del Mar West Campus for the purpose of providing administrative and instructional support to the Fire Academy at a cost of $40,000. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of July, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved , 2008 By: Joseph amey Assistant City Attomey For City Attorney H:I LEG- DIRUoseph \ORD- Lse- DelMar.doc -148- Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Etizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1 LEG- DIRUaseph \ORD- Lse- De1Mar.doc —149— 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 8, 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2008 -2009 under the Texas General Land Office's cleaning and maintenance assistance program. ISSUE: The Texas General Land Office requires the annual submission of an application for financial assistance from local governments for beach maintenance. REQUIRED COUNCIL ACTION: The City Council must pass a resolution for the General Land Office to accept the grant application. PREVIOUS COUNCIL ACTION: At the July 17, 2007 meeting, City Council passed a resolution authorizing continued financial assistance through the Texas General Land Office for beach cleaning, police patrols and life guarding at North Padre island during the 2008 state fiscal year. CONCLUSION AND RECOMMENDATION: Staff recommends the City Council authorize the application for continued financial assistance through the Texas General Land Office for beach cleaning, life guarding, and police patrols at North Padre and Mustang Islands and to execute all necessary documents in connection with the reimbursement application a ry G '► ik, I` rector Parks a i d Recreation Attachments: Background BACKGROUND INFORMATION The Texas General Land Office administers the Beach Maintenance Fund to partially reimburse cities and counties for beach cleaning, lifeguards, and safety patrol services. The City Council must annually approve submission of the reimbursement application to the state for beach cleaning and life guarding reimbursement and authorize the City Manager to execute all necessary documents. The application will provide financial assistance to the City for the 2009 state fiscal year. The Beach Maintenance Fund Program reimburses cities and counties by a formula that distributes a finite budget of $940,000 each year. Of that budget the General Land Office is authorized to take up to ten percent for administrative costs. The principal portion of the beach maintenance appropriations, amounting to $846,000 presently is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. Seventy -five percent of funds available for distribution shall be allocated by determining each participant's proportionate share of total participant expenditures during the fiscal years preceding the year for which participant is applying for reimbursement. Twenty -five percent of the funds available for distribution shall be allocated by determining each participant's proportionate share of total linear footage of gulf beach which the participants will clean and maintain pursuant to project agreements authorized in Texas Administrative Code, Title 31, Part I, Chapter 25. There is a three -year averaging process for new entrants into the pool of reimbursement requesters. Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two- thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO REQUEST CONTINUED FINANCIAL ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE ISLAND AND MUSTANG ISLAND DURING FY 2008 -2009 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2008 -2009 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 25, 2008 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 16 CITY COUNCIL AGENDA MEMORANDUM Date: 07/08/08 AGENDA ITEM: A. Motion to reinstate the FY05 and FY06 CDBG funding agreements with Corpus Christi Metro Ministries and to authorize the City Manager or designee to execute an amendment to extend the term of the agreements through January 31, 2009. B. Motion to reinstate the FY07 CDBG funding agreement with Greenwood - Molina Nursery School, Inc. and to authorize the City Manager or designee to execute an amendment to extend the term of the agreement through December 31, 2008. ISSUE: Nonprofits awarded CDBG funds from previously Consolidated Annual Action Plan (CARP) year's which need to be reinstated, amended and extended must be approved by the City Council. PREVIOUS COUNCIL ACTION: A. On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 026237). Included in this action was the approval of the Corpus Christi Metro Ministries CDBG project. On December 20, 2005, the City Council approved to amend the scope of work and move the project location from 1906 Leopard to 3115 McArdle for the FY2005 CDBG project. On April 18, 2006, the City Council approved to amend the scope of work and move the project location from 3115 McArdle back to 1906 Leopard for the FY2005 CDBG project. On April 25, 2006, the City Council adopted its FY2006 Consolidated Annual Action Plan for Community Planning and Development Programs (Motion 2006 -125). Included in this action was the approval of the Corpus Christi Metro Ministries CDBG project. B. On April 17, 2007, the City Council adopted its FY2007 Consolidated Annual Action Plan for Community Planning and Development Programs (Motion 2007 -106). Included in this action was the approval of the Greenwood - Molina Nursery School project. REQUIRED COUNCIL ACTION: Authorizing the City Manager or designee to reinstate, amend and extend the term of the FY2005 and FY2006 CDBG agreements for Corpus Christi Metro Ministries and FY2007 CDBG agreement for Greenwood - Molina Nursery School. FUNDING: Corpus Christi Metro Ministries FY2005 CDBG Program - $100,838 FY2006 CDBG Program - $125,000 Greenwood- Molina Nursery School FY2007 CDBG Program - $70,000 RECOMMENDATION: Authorizing the City Manager or designee to reinstate, amend and extend the term of the FY2005 and FY2006 CDBG agreements for Corpus Christi Metro Ministries and FY2007 CDBG agreement for Greenwood- Molina Nursery School. Daniel Gallegos lJr. CD Administrator BACKGROUND INFORMATION A. Corpus Christi Metro Ministries is constructing a new two -story facility next to the administrative building located at 1919 Leopard Street, After the new two -story facility is constructed, the former 1906 Leopard Street facility will be demolished to allow for the construction of a new parking lot. The projected cost of the new two - story facility is approximately $1.3 million with the CDBG program providing $225,838. Additional funding was allocated from the HOME program. It will take approximately seven (7) more months to complete the construction. The project is underway with the foundation work completed and structural walls being erected. The project is approximately 30% completed. Below is a schematic drawing of the completed building. Staff recommends reinstating, amending and extending the term of the FY2005 and FY2006 CDBG agreements for Corpus Christi Metro Ministries through January 31, 2009. B. Greenwood - Molina Day Nursery is ready to begin construction of a playground park area for the children across from the agency at 954 National Drive; however, it was determined that a re- zoning will be required prior to construction. This has caused a further delay in the completion of the project. To date, the plans and specifications have been finalized. Once the re- zoning has been approved the project will be back on track for completion. Staff recommends reinstating, amending and extending the term of the FY2007 CDBG agreement for Greenwood - Molina Day Nursery through December 31, 2008. —161— FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND METRO MINISTRIES This amendment ( "First Amendment ") is made by and between the City of Corpus Christi ( "City ") and Corpus Christi Metro Ministries, Inc. ( "Subrecipient "). WHEREAS, the City and the Subrecipient executed an agreement ( "Agreement ") on November 27, 2006, which was approved for funding by the City Council on Septem- ber 12, 2006 (M2006 -287), for the purpose of utilizing the City's FY06 -07 Community Development Block Grant ( "CDBG ") Program funds; WHEREAS, the Agreement expired November 30, 2007; WHEREAS, the parties desire to execute this instrument to express their mutual desire to reinstate all terms, conditions, and covenants stated in the original Agreement; and WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise and extend the term, and its associated counterparts, stated in the Agreement. Section 1. By execution of this instrument, the parties agree to reinstate all terms, conditions, and covenants stated in the original Agreement, to have the same force and effect as if the Agreement had not terminated. Section 2. Section 1, subsection 1.1, of the Agreement is amended by deleting the date "October 31, 2007" and inserting the date 'December 31, 2008." Section 3. Section 7, subsection 7.9, of the Agreement is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 4. Section 9, subsection 9.1, of the Agreement is amended by deleting the date "November 30, 2007" and inserting the date "January 31, 2009." Section 5. Section 9, subsection 9.2, of the Agreement is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 6. By execution of this First Amendment, the parties agree to revise and ex- tend the term, and its associated counterparts, stated in the Agreement. All terms, con- ditions, and covenants of the Agreement not revised by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) —162— EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI George K. Noe City Manager APPROVED AS TO FORM: 1tLA c , 2008 �, 02r ►.:.t.....__! Eliz -$th R. Hundley Assi ant City Attorney for the City Attorney CORPUS CHRIST ETRO M1NIS IES, INC. By: �` Printed Name: R AS E E. I l 2-.r Title: C..CIO f' /1- e 41 '`A -4. Date: 11 STATE OF TEXAS § COUNTY OF NUECES § D 8- ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: T 'strument was acknowledged before me on J U (t.{ , 2008, by f ` of Corpus Christi Metro Ministries, Inc., a Texas nonprofit corporation, on behalf of the ••rporation. a.� I (seal) IL— ,.;� *T ►d`'. LAURI5A LYNN BAKLIK =+ `4`= Notary Public, State of Texas ,�, Fya My Commission Expires �'•',� ito March 09, 2011 —163 -- Nota Public, State of ' exas SECOND AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND METRO MINISTRIES This second amendment ( "Second Amendment ") is made by and between the City of Corpus Christi ( "City ") and Corpus Christi Metro Ministries, Inc. ( "Subrecipient "). WHEREAS, the City and the Subrecipient executed an agreement ( "Agreement ") on January 10, 2006, which was approved for funding by the City Council on November 15, 2005 (M2005 -390), for the purpose of utilizing the City's FY05 -06 Community Develop- ment Block Grant ( "CDBG ") Program funds; WHEREAS, the City Council, on October 31, 2006, authorized a change in the scope of work to be completed by the Subrecipient, a change to the selected site location, and an extension of the term by execution of an amendment to the Agreement ( "First Amend- ment"); WHEREAS, the Agreement and First Amendment expired November 30, 2007; WHEREAS, the parties desire to execute this instrument to express their mutual desire to reinstate all terms, conditions, and covenants stated in the original Agreement and First Amendment; and WHEREAS, the parties to the Agreement and First Amendment desire to execute this Second Amendment to revise and extend the term, and its associated counterparts, stated in the Agreement, as amended by the First Amendment. Section 1. By execution of this instrument, the parties agree to reinstate all terms, conditions, and covenants stated in the original Agreement and First Amendment, as those terms, conditions, and covenants are amended by the First Amendment, to have the same force and effect as if the Agreement and First Amendment had not terminated. Section 2. Section 1, subsection 1.1, of the First Amendment is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 3. Section 7, subsection 7.9, of the First Amendment is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 4. Section 9, subsection 9.1, of the First Amendment is amended by deleting the date "November 30, 2007" and inserting the date "January 31, 2009." Section 5. Section 9, subsection 9.2, of the First Amendment is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 6. By execution of this Second Amendment, the parties agree to revise and extend the term, and its associated counterparts, stated in the Agreement, as amended by the First Amendment. All terms, conditions, and covenants of the Agreement and First Amendment not revised by this Second Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI George K. Noe City Manager APPROVED AS TO FORM: , 2008 EIizab�f R. Hundley Assis - nt City Attorney for the City Attorney CORPUS CHR TI METR,9 MAIISTRIES, INC. 4/00% By: 4-24 Printed Name: s & - et Lt. c Title: CC- Date: s #, 11 Look STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: Th' nstrument was acknowledged before me on \\ oLL , 2008, by E . P; of Co usahristi Metro Ministries, Inc., a Texas nonprofit corporation, on behalf of the ,,,,v„ ea AUR1SA LYNN BAKLIK •;". Notary Public, State of Texas *`f r My Commission Expires 4y •• • 5l}� � March 09, 2011 oration. _ —166— Notary ' ublic, State of Nxas FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND GREENWOOD - MOLINA CHILDREN'S CENTER This first amendment ( "First Amendment ") is made by and between the City of Corpus Christi ( "City ") and the Greenwood - Molina Nursery School, Inc., doing business as Greenwood - Molina Children's Center ( "Subrecipient "). WHEREAS, the City and the Subrecipient executed an agreement ( "Agreement "), which was approved by the City Council for the purpose of utilizing the City's FY07 -08 Community Development Block Grant ( "CDBG ") Program funds; WHEREAS, the Agreement terminated April 30, 2008; WHEREAS, the parties desire to execute this instrument to express their mutual desire to reinstate all terms, conditions, and covenants stated in the original Agreement; and WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise and extend the term, and its associated counterparts, stated in the Agreement. Section 1. By execution of this instrument, the parties agree to reinstate all terms, conditions, and covenants stated in the original Agreement, to have the same force and effect as if the Agreement had not terminated. Section 2. Section 1, subsection 1.1, of the Agreement is amended by deleting the date "April 30, 2008" and inserting the date "November 30, 2008." Section 3. Section 7, subsection 7.9, of the Agreement is amended by deleting the date "April 30, 2008" and inserting the date "November 30, 2008." Section 4. Section 9, subsection 9.1, of the Agreement is amended by deleting the date "May 30, 2008" and inserting the date "December 31, 2008." Section 5. Section 9, subsection 9.2, of the Agreement is amended by deleting the date "April 30, 2008" and inserting the date "November 30, 2008." Section 6. By execution of this First Amendment, the parties agree to revise and ex- tend the term, and its associated counterparts, stated in the Agreement. Ail terms, con- ditions, and covenants not changed by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI George K. Noe City Manager APPROVED AS TO FORM: cL , 2008 r AP Elizab R. Hundl -y Assis = nt City Attorney for the City Attorney SUBRECIP1ENT: Greenwood - Molina Nursery School, Inc., doing business as Greenwood- Molina f#,iildren's Center By: /dam 7I rechf- O7 /i /or Printed Name: Title: Date: 7 ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on J L)1 L# , 2008, by -.Tact r'` .2e of Greenwood- Molina Nursery School, Inc., doing business as reenwood- Molina Children's Center, a Texas corporation, on behalf of the corporation. (seal) 1�""""�� IAURISA LYNN BAKLIK * " ""•''� �` -- Notary Public, State of Texas My Commission Expires %:* ` March 09, 2011 —168— t' r Nota Public, State of = as 17 AGENDA MEMORANDUM DATE: July 8, 2008 SUBJECT: Cefe Valenzuela Landfill — Leachate Ponds Groundwater Monitoring System (Project #5186) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $100,400.00 for Cefe Valenzuela Landfill Leachate Ponds Groundwater Monitoring System. ISSUE: The Modified Landfill Permit for Cefe Valenzuela Landfill approved by the Texas Commission on Environmental Quality (TCEQ) requires installation of five additional groundwater sampling wells and background baseline monitoring in accordance with the approved Groundwater Sampling and Analysis Plan (GWSAP). RECOMMENDATION: Approval of the motion as presented. Lawrence Mikolajczyk Director of Solid Waste Services Attachments: a. Additional Information b. Contract Summary c. Site Map Kevin R. Stowers Interim Director of Engineering Services HA HOMEIKEVINSIGENILANDFILLIValenzuelal GWSAPILabLeachateMWAWDMerno.doc ADDITIONAL INFORMATION BACKGROUND: SUMMARY: TCEQ requires the installation of five groundwater monitoring wells around the approved leachate evaporation ponds. The anticipated depth of the wells will be 40 -feet. The will include new dedicated pumps for long term monitoring in accordance with the approved Ground Water Sampling and Monitoring Plan. Cefe Valenzuela Landfill is a 2200 -acre Type I municipal solid waste landfill. There are currently 18 groundwater monitoring wells and 16 landfill gas probe located at the Cefe Valenzuela Landfill to provide the required monitoring of the Phase 1 Disposal Area which covers approximately 300 acres. The five additional monitoring wells to be installed will allow monitoring of the two leachate evaporation ponds that are now in service. CONTRACT: The contract provides for: • Installation of five dedicated groundwater monitoring wells in accordance with the TCEQ approved permit for Cefe Valenzuela Landfill; • field oversight and documentation of the new groundwater monitor well installations; • Installation of dedicated pumps in each monitoring well; • collection and analysis of eight - quarterly background samples from each well; • preparation of groundwater monitoring summary reports for four quarterly sampling events to establish new background data; and • preparation of separate statistical analysis of each quarterly sampling event. The estimated not to exceed fee is $100,400.00. All field work, sampling, and other on site activities will be performed by the local Kleinfelder office. Reports will be prepared by the Kleinfelder Waco office. The local office is projected to perform in excess of 80% of the value of the contract. The details of the monitoring are indicated in the contract summary. See Exhibit B. FUNDING: Funding is available from Sanitary Landfill 2006 CIP Fund. EXHIBIT "A" -17 2- Page 1 of 1 CONTRACT SUMMARY SCOPE OF SERVICES: The Laboratory will provide services for the Groundwater Monitoring System - Leachate Ponds, Cefe Valenzuela Landfill. The Laboratory will: • Develop specifications and plans for installation of 5 new monitoring wells around the down gradient perimeter of the leachate evaporation ponds in accordance with the approved TCEQ Modified Permit; • Subcontract the installation of the wells, provide on -site geologists to prepare logs and records of the installation and to direct the construction of the wells; • provide for the installation of dedicated pumps in each monitoring well; • collect and analyze four - quarterly background samples from each well; • prepare groundwater monitoring summary reports for each quarterly sampling event; and • contract with a licensed surveyor to locate the well location coordinates, elevations, top of well cover, top of casing, concrete pad and ground elevations. All field work, sampling, and other on site activities will be performed by the local Kleinfelder office. Reports will be prepared by the Kleinfelder Waco office. TERM: The term of the contract will be one (1) year. FEE: The estimated not to exceed fee is $100,400.00. The Laboratory will be paid only for actual services performed. The fee for each task will be: Description Task 1. Task 2. Task 3. Task 4. Task 5. Well Installation Subcontract drill operations Surveying Pumps Groundwater Monitoring /Reports Total Fee 22,400.00 26,625.00 2,875.00 8,900.00 39,600.00 $100,400.00 EXHIBIT "B" —173— Page 1 of 1 . _. . _.. • .. _._...nrn.nmc.....=..tin d.... Mproject\ councilexhibits \exh5225a. dwg CEFE F. VALENZUELA MUNICIPAL LANDFILL 1- 1 iliatiot-‘.. ,,. , ,, VW .... .4ii. it 614.1 � 1111111111/Vii � m Q© 41 ON i A . Pill NIP I/ 11101 iA ■ f • ..h , r ` —y am 4 � w- , R.Vx' iY� 3 � • 1 R.11f,- la.1 AVM A_ wou"w ;;; g�w . :p , PIOw r mIV1 �� �OO[....... �a r.YY6 ydr 01n....4 " as u.w¢..t.n� 1a MI OM PROJECT NO. 5186 SITE LOCATION MAP NOT TO SCALE LEACHATE PONDS ONITORING WELLS 5 typical) EXHIBIT "C" CEFE F. VALENZUELA LANDFILL- LEACHATE PONDS GROUND- WATER MONITORING SYS ;FYI CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 DATE:06 /27/2008 18 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 17, 2008 — Tabled until July 8, 2008) Case No. 0508 -02, Michael L. Rittgers: A change of zoning from a "R -2" Multiple Dwelling District (14.52 units per acre) to an "A -2" Apartment House District (36.30 units per acre) on property described as Fitchue Place, Block 1103, Lots 49 thru 58, located on the northeast side of 14th Street and approximately 150 feet north of Ayers Street. Planning Commission & Staff's Recommendation (May 14, 2008): Approval of the rezoning to an "A -2" Apartment House District. Backsround: At the City Council public hearing of June17, 2008, this case # 0508 -02 was tabled until July 8, 2008 to allow the applicant to meet with the neighborhood to discuss the proposed apartment complex site plan, in order to agree on a resolution to present a site plan design to City Council for consideration. The applicant has scheduled a resident meeting for Tuesday, July 1, 2008 (See attachment 0). As of June 30, 2008, the resident meeting has not taken place and therefore, staff can not comment on the proposed site plan. The applicant has indicated that the site plan will be available for the July 8, 2008 City Council public hearing for distribution and review. Opposition as of June 30, 2008 is 44.31 %. The 20% rule is invoked. Staff's Summary: • Request: The applicant is requesting a change of zoning from "R -2" Multiple Dwelling District to "A -2" Apartment House District on 10 lots containing 0.72 acres to construct apartments. The applicant has indicated in the rezoning application that 25 new apartments are proposed. The applicant has also indicated that the proposed development will contain no more than four daily office personnel. • The existing "R -2" Multiple Dwelling District provides primarily for apartment, townhouse, duplex and single family uses. The district requires a twenty (20) foot front yard setback, and five (5) foot side and rear yard setbacks for single family or two- family uses. For multi - family uses a ten (10) foot side and rear yard setback is required for one story buildings plus five (5) foot for each additional story, up to a 30 foot maximum. The "R -2" Multiple Dwelling District permits residential uses with a maximum number of dwelling units of 14.52 dwelling units per acre. Maximum height is 45 feet or three (3) stories. • The proposed "A -2" Apartment House District provides primarily for apartment uses but also allows single family, two- family, boarding and rooming, fraternities, non - profit, religious and educational uses, accessory buildings, assisted living facilities, and bed and breakfast inns. The district requires a twenty (20) foot front yard setback, and five (5) foot side and rear yard setbacks for single family or two- family uses. For multi - family uses a ten (10) foot side and rear yard setback is required for one story buildings plus five (5) foot for each additional story, up to a 30 foot maximum. The "A -2" Apartment House District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. Maximum height is 60 feet or four (4) stories unless the site contains 40% non - vehicular open space then the maximum height and four (4) stories can be exceeded. • Density. On 0.72 acres the maximum possible number of units under the "R -2" density is 10 units. Under the "A -2" District it may be possible to place a maximum of 25 units on the subject property based on square footage of the building, parking layout and setbacks. A site plan has not been submitted for review by staff. —1 7 7— Agenda Memorandum Case No. 0508 -02 (Michael L. Rittgers) Page 2 • Existing Land Uses: Located north of the subject property is an apartment building and to the south is a commercial use /parking lot. Located east of the subject property is a single and multi- family and commercial use. West of the property across 14`h Street are apartment uses. • Utilities: Water and wastewater service is available. • Drainage: Any new development on the subject property will tie into the existing drainage system on 14t Street. Any new development on the subject property may not drain onto neighboring private properties. • Transportation/Traffic Impact Study: The subject property is located on 141h Street which contains a 60 foot wide right -of -way. While not designated on the Urban Transportation Plan as a collector, the street has a right -of -way that is equivalent to a 60 foot wide collector street. This additional width is sufficient to provide a 40 back to back (BB) of curb street necessary for higher density residential uses. The 40 BB street provides enough width for cars to park on either side of the street and maintain travel lanes in two directions. • Infrastructure Demand: The increase in density of fifteen units on the site will not significantly increase the demand on existing water and wastewater facilities. • Public Safety: • Police: This property is part of the Wynne Seale Directed Patrol area. • Fire: The existing fire station at 1401 Morgan Street serves the area with an estimated response time of less than 4 minutes. • Comprehensive Plan Consistency: The Comprehensive Plan future land use map indicates medium density residential with a density of 8 to 21 units per acre. The Comprehensive Plan encourages reinvestment in older areas the proposed rezoning is considered constant with the goals of the Comprehensive Plan. • The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southeast Area Development Plan (adopted 1989, updated 1995) and the Corpus Christi Policy Statements, An Element of the Comprehensive Plan (adopted in 1987) to ensure consistency of zone change requests with the comprehensive plan: Southeast Area Development Plan (ADP) Policy Statements: The specific goal of the Southeast Area Development Plan is to protect the predominantly stable residential neighborhoods and to promote the efficient development of under utilized and remaining vacant land in the Area. Principle objectives include (objectives pertinent to this zoning case are listed below): Stabilize and conserve residential neighborhoods; Revitalize deteriorated housing and promote new residential development in areas best suited for such development; Designate appropriate land uses and a transportation network to adequately serve existing and future land uses; and -1 78 _ Agenda Memorandum Case No. 0508 -02 (Michael L. Ringers) Page 3 Encourage a well - integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs. Staff Comment: Reinvestment in the neighborhood is a key to stabilizing and conserving. POLICY STATEMENT D.12 Community Development should target code enforcement and rehabilitation programs for those areas with the most severe housing, commercial, sanitation, brush pick -up, and animal control problems. Areas 1, 2, and 3 (include the Subject Property) are characterized by a wide range of housing conditions. It is important that the city actively promote code enforcement and rehabilitation programs to prevent further deterioration of property and to help prevent the spread of such deterioration to adjacent neighborhoods to the east. Furthermore, to assist in conserving these neighborhoods the City should, when funds area available, improve substandard neighborhood streets without requiring property owner assessments. Staff' Comment: This area is also part of the City's designated Reinvestment Zone where investors may be eligible for federal personal income tax breaks. Areas located in the Reinvestment Zone have been targeted by the City for reinvestment. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: Corpus Christi Policy Statements: • Housing Policies g: A MIX OF HIGH, MEDIUM, AND LOW -COST HOUSING SHOULD BE ENCOURAGED THROUGHOUT THE CITY. A mix of subdivisions that contain affordable homes should be available to families of all income levels. Zoning, platting, building codes or other ordinances shall not be used to create a separation of ethnic and economic groups. • Residential Policy b: THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today's market. Ranges of densities improve the afford ability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. • Residential Policy d: HIGH DENSITY RESIDENTIAL DEVELOPMENT SHOULD BE ENCOURAGED, ESPECIALLY IN THE CENTRAL AREA OF THE CITY. Well planned high - density development can be an efficient design for the provision of housing on land that would otherwise be developed for commercial or office activities. Both of these advantages are especially important in the central area of the city where land prices can be high and where efficient use of services is most critical. High density housing development in the central city will provide a population base that will support the commercial revitalization of the central core. Incentives should be explored to encourage this type of development. Staff Comment: These policies encourage housing choice, high density residential uses and reinvestment in the neighborhood. The proposed rezoning and landed investment is consistent with these policies. Agenda Memorandum Case No. 0508 -02 (Michael L. Rittgers) Page 4 Notification: Of the thirty-eight (38) notices mailed to the surrounding property owners notices zero (0) were returned in favor and twenty -two (22) were returned in opposition (44.31%). The 20% rule is invoked. This case is considered controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, A1CP Assistant City Manager of Development Services FGMlblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (May 14, 2008) 3) Ordinance P1M/Project Manager SrCP/CP Planning Director -180- CITY COUNCIL ZONING REPORT Case No.: 0508 -02 City Council Hearing Date: June 17, 2008 — Tabled until July 8, 2008. Applicant: Michael L. Rittgers Owner: Same as Applicant Representative: Michael L. Rittgers Address: 1634 14th Street Legal Description/Location: id lapproxim Place, atelBll 50 feet north of Ayers Street.located on the northeast side of Existing Zoning and Land Uses From: "R -2" Multiple Dwelling District To: "A -2" Apartment House District Area: 0.72 acres / 31,250 sq. ft. Purpose of Request: To allow for an increase in density of apartments from 14.52 units per acre to 36.30 units per acre. Site District Zoning Existing Land Use "R -2" Multiple Dwelling Two - Family and Vacant Future Land Use Medium Density Residential and Commercial "B-4" General Business North District and "R -2" Multiple Dwellin District General Business South District East "B -4" General Business District West "R -2" Multiple Dwelling District Multi - family Medium Density Residential Commercial Commercial Vacant, single family, multi - family and office Single family and multi- family Commercial Medium Density Residential Area Development Plan: Southeast; The comprehensive plan supports medium density residential uses for the subject property. Map No.: 046042 Zoning Violations: None —181— Zoning Report Case No. 0508 -02 (Michael L. Rittgers) Page 2 Staffs Summary: • Request: The applicant is requesting a change of zoning from "R -2" Multiple Dwelling District to "A -2" Apartment House District an 10 lots containing 0.72 acres to construct apartments. The applicant has indicated in the rezoning application that 25 new apartments are proposed. The applicant has also indicated that the proposed development will contain no more than four daily office personnel. The existing "R -2" Multiple Dwelling District provides primarily for apartment, townhouse, duplex and single family uses. The district requires a twenty (20) foot front yard setback, and five (5) foot side and rear yard setbacks for single family or two- family uses. For multi- family uses a ten (10) foot side and rear yard setback is required for one story buildings plus five (5) foot for each additional story, up to a 30 foot maximum. The "R -2" Multiple Dwelling District permits residential uses with a maximum number of dwelling units of 14.52 dwelling units per acre. Maximum height is 45 feet or three (3) stories. The proposed "A -2" Apartment House District provides primarily for apartment uses but also allows single family, two - family, boarding and rooming, fraternities, non - profit, religious and educational uses, accessory buildings, assisted living facilities, and bed and breakfast inns. The district requires a twenty (20) foot front yard setback, and five (5) foot side and rear yard setbacks for single family or two - family uses. For multi- family uses a ten (10) foot side and rear yard setback is required for one story buildings plus five (5) foot for each additional story, up to a 30 foot maximum. The "A -2" Apartment House District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. Maximum height is 60 feet or four (4) stories unless the site contains 40% non- vehicular open space then the maximum height and four (4) stories can be exceeded. • Density: On the 0.72 acres the maximum possible number of units under the "R -2" density is 10 units. Under the "A -2" District it may be possible to place a maximum of 26 units on the subject property based on square footage of the building, parking layout and setbacks. The applicant also has two additional "8-4" zoned lots abutting the subject site. if the "B-4" zoned lots are combined with the proposed "A -2" zoned lots a total of 31 units could be placed on the property. A site plan has not been submitted for review by staff. While the rezoning will allow up to 31 units on site (the subject property plus the additional two "B-4" zoned lots), it is likely that the number of units will need to be reduced in order to meet the required setbacks, parking requirements and landscaping, etc. For example, the parking requirement for a one bed room unit is 1.5 parking spaces. The parking requirement for two or more bedroom units is two parking spaces. A standard parking space is 162 square feet (9' by 18') but with maneuvering room the square footage increases. A typical planning standard is 350 square feet per parking space. A 31 unit apartment complex with all one bedroom units could take 16,275 square feet; with all two bedroom units the parking space increases to 21,700 square feet. In addition, 30% of the street yard is required for landscaping. For these reasons, until a site plan is submitted and approved the actual density cannot be determined. • Existing Land Uses: Located north of the subject property is an apartment building and to the south is a commercial use/parking lot. Located east of the subject property is a single and multi- family and commercial use. West of the property across 14th Street are apartment uses. • Utilities: Water and wastewater service is available. —182— Zoning Report Case No. 0508 -02 (Michael L. Rittgers) Page 3 • Drainage: Any new development on the subject property will tie into the existing drainage system on I4th Street. Any new development on the subject property may not drain onto neighboring private properties. • Transportation/Traffic Impact Study: The subject property is located on 14th Street which contains a 60 foot wide right -of -way. While not designated on the Urban Transportation Plan as a collector, the street has a right-of-way that is equivalent to a 60 foot wide collector street. This additional width is sufficient to provide a 40 back to back (BB) of curb street necessary for higher density residential uses. The 40 BB street provides enough width for cars to park on either side of the street and maintain travel lanes in two directions. o Infrastructure Demand: The increase in density of fifteen units on the site will not significantly increase the demand on existing water and wastewater facilities. • Public Safety: o Police: This property is part of the Wynne Seale Directed Patrol area. o Fire: The existing fire station at 1401 Morgan Street serves the area with an estimated response time of less than 4 minutes. • Comprehensive Plan Consistency: The Comprehensive Plan future land use map indicates medium density residential with a density of 8 to 21 units per acre. The Comprehensive Plan encourages reinvestment in older areas the proposed rezoning is considered constant with the goals - of the Comprehensive Plan. • The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southeast Area Development Plan (adopted 1989, updated 1995) and the Corpus Christi Policy Statements, An Element of the Comprehensive Plan (adopted in 1987) to ensure consistency of zone change requests with the comprehensive plan: Southeast Area Development Plan (ADP) Policv Statements: The specific goal of the Southeast Area Development Plan is to protect the predominantly stable residential neighborhoods and to promote the efficient development of under utilized and remaining vacant land in the Area. Principle objectives include (objectives pertinent to this zoning case are listed below): Stabilize and conserve residential neighborhoods; Revitalize deteriorated housing and promote new residential development in areas best suited for such development; Designate appropriate land uses and a transportation network to adequately serve existing and future land uses; and Encourage a well - integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs. Staff Comment: Reinvestment in the neighborhood is a key to stabilizing and conserving. -183- Zoning Report Case No. 0508 -02 (Michael L. Rittgers) Page 4 POLICY STATEMENT D.12 Community Development should target code enforcement and rehabilitation programs for those areas with the most severe housing, commercial, sanitation, brush pick -up, and animal control problems. Areas 1, 2, and 3 (include the Subject Property) are characterized by a wide range of housing conditions. It is important that the city actively promote code enforcement and rehabilitation programs to prevent further deterioration of property and to help prevent the spread of such deterioration to adjacent neighborhoods to the east. Furthermore, to assist in conserving these neighborhoods the City should, when funds area available, improve substandard neighborhood streets without requiring property owner assessments. Staff Comment: This area is also part of the City's designated Reinvestment Zone where investors may be eligible for federal personal income tax breaks. Areas located in the Reinvestment Zone have been targeted by the City for reinvestment. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: Corpus Christi Policy Statements: • Housing Policies g: A MIX OF HIGH, MEDIUM, AND LOW -COST HOUSING SHOULD BE ENCOURAGED THROUGHOUT THE CITY. A mix of subdivisions that contain affordable homes should be available to families of all income levels. Zoning, platting, building codes or other ordinances shall not be used to create a separation of ethnic and economic groups. • Residential Policy b: THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today's market. Ranges of densities improve the afford ability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. • Residential Policy d: HIGH DENSITY RESIDENTIAL DEVELOPMENT SHOULD BE ENCOURAGED, ESPECIALLY IN THE CENTRAL AREA OF THE CITY. Well planned high - density development can be an efficient design for the provision of housing on land that would otherwise be developed for commercial or office activities. Both of these advantages are especially important in the central area of the city where land prices can be high and where efficient use of services is most critical. High density housing development in the central city will provide a population base that will support the commercial revitalization of the central core. Incentives should be explored to encourage this type of development. Staff Comment: These policies encourage housing choice, high density residential uses and reinvestment in the neighborhood The proposed rezoning and intended investment is consistent with these policies. —184— Zoning Report Case No. 0508 -02 (Michael L. Ringers) Page 5 Street R.O.W. Street Ayers Street Type (Urban Transportation Nan) Al - Minor Arterial Not Designated on 14`h Street the Transportation Plan *Source: Corpus Christi Traffic Engineering Division Paved Section 95' ROW, 54' BB 60' ROW, 40' BB Plat Status: The subject property is platted. Volume (2006)* 9,542 ADT (between Six Points and Baldwin) Not Available Department Comments: Redevelopment of these lots support smart growth principles concerning the need to encourage infill development, higher density of development and the location is close enough to the downtown area to be beneficial to downtown redevelopment efforts. Planning Commission & Staff Recommendation: Approval of the rezoning to the "A -2" Apartment House District. Number of Notices Mailed — Favor — *Opposition — (As of June 30, 2008) 37 within 200 foot notification area 1 outside notification area 0 (inside notification area); 0 (outside notification area) 22 (44.31% inside notification area); 1 (outside notification area) Attachments: 0. Applicant Letter to City Council 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. City Charter — Article V- Planning 10. District Uses —185— Michael L. Rittgers 2829 Quebec Dr. Corpus Christi, Texas 78414 Members of the City Council: The owners and residents of 14th Street properties are scheduled to have a neighborhood meeting on July 1st, at 1621 Brownlee, between 5pm and 6pm, to discuss the 14th Street Apartment Complex Project. All of the City Council members have been invited and are encouraged to attend. Any and all of the owners and residents who are opposed to this project will be present to view the proposed site plan and present their specific reasons for their opposition to this project. yo Michael L. Rittgers laec 612- o$ 4/28/200 7.7 rod By:BR e1605111en[Setvrc2 44 CASE # 0508 -02 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com c.orprls4tlztieE y SUBJECT PROPERTY LOCATION MAP_ .:w City of Corpus Christi r 6'20:70D8 c red By SRft Services CASE # 0508 -02 2. NEIGHBORHOOD - EXISTING LAND USE m LF3r� Estate Residential. • ER Low Density Residential. - LDR Mg Med Density Residential. - MDR ® High Density Residential. - HDR ® Mobile Home - MH Vacant- VAC Professional Office • PD Commercial • COM Light Industrial - LI Heavy industrial • Hi ® Public Semi•Public • PSP LOCATION MAP Wife MIN .i?TP" t° • CASE 3. NEIGHBORHOO Agricultural /Rural • AR Estate Residential • ER Low Density Res. - LDR Med Density Res, • MDR High Density Res. - HDR Mobile Home • MN Vacant - VAC Professional Office • PO Commercial • COM Transportation Plan sed Exisong Arterials — Collectors - --- .2' Expressways "A2MT' Parkway 4+4-14- Railroad LI L.DR VAC # 0508 -02 D - FUTURE LAND USE ® Tourist - TOR ® Research/Business Park • RBP Light Industrial - Ll Heavy Industrial - HI - Public Semi - Public • PSP Erilt n Water ffej Conservation /Preservation - CP OE Park Drainage Corridor - DC Dredge Placement - DP SUBJECT PROPERTY City of Corpus Christi CASE # 0508 -02 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural - AR MI Tourist - TOR Estate Residential - ER ® Research /Business Park - RBP Low Density Res. - LDR ® Light industrial - Ll en Med Density Res. - MDR NM Heavy industrial - Hl - High Density Res. - HDR 1.1 Public Semi - Public - PSP Mobile Home - MH x _; Park Vacant • VAC EM Drainage Corridor - DC Professional Office - PO Dredge Placement - DP - Commercial • COM n Water Conservation /Preservation - CP m ELI Transportation Pllap sea Exlstrmg Arterials • -F - —•--- Collectors - - - -' agagmm Expressways mamoi Parkway r Railroad eig LOCATION MAP 4b28/2008 'etfB� SFj{tp I ent Services Refer to Map 2 for Neighborhood Existing Land Use. Also available at www,cctexas.com MERCHANTS #1 CASE # 0508 -02 5. SUBJECT CASE A•1 Apartment House District A-14 Apsrtmenl House Diana A- ertment House District 3B Prolessional Offce District T ++F 3rlrnem- T911dst District B-I Neighborhood Business DlSlflct B-1 A neighborhood Business District B-= Beyrcet Business District B- ^_A Barrier island Business District B-5 Business District B-4 General Business District B-5 Primary Business District B-6 Palmeri Business Core District BD Corpus Christi Beech Design Dist. F -R Farm Rural District HC HistaricaFC.rfturat t.endnark Preservation I -t United Industrial District 1 -2 Light Industrial District 1.3 Healy Industrial District PUD Planned Unit Development R -1A r'nu Fendly Dwelling District R• IB Family Dwelling District R -iC One Family Dwelling District R-2 Multiple Duelling District RA One Family Dwelling District RE Residential Estate District R•TH Townhouse Dwelling District 3P Special Permit T -1A Travel Trailer Park District T -1B Manufactured Home Park District T -IC Manufactured Horne alihdi+nlon District SUBJECT PROPERTY 58 59 60 61 62 63 64 MERPyiAN 9 UNIT 4 SUBJECT PROPER ERCNANTS /Ff R -2 WYNN SEAL '11- 200 /p ! AN DEN 'V'DE CASE # 0508-02 6, SITE - EXISTING ZONING, NOTICE AREA S OWNERSHIP I.1 Limited Industrial Dislricl 1.3 Light Industrial District 1 -3 Hoop/ Industrial District PUD Planned ! rrhil De elohmenl R -1A One Fami}i D+relling District 8 -113 One Famiy siting District R -1C One Faintly Lfweilling District 8-3 Multiple Dwelling District RA One Family Dwelling District RE Residential Estate District R -T1 Townhouse Dwelling District 3Pertal Permit T -1A Tra•,al Trailer Park District T - IB Manufactured Hare Park District T -1C Manufactured Home 3ubdt'.ision District A -I aoartrnent Horse Dislrlct A-l4 Apartment House District A.2 Apartment House District AB Prolessianal Office District AT 4Rartmenl- Tourist District 8-1 neighborhood Business District 12-1A NeiQ11badrood Business District B.' Baylr:ol Business Di5Met 8.34 Battier Island Business Dishier 13-3 Business District 8-4 General Business District B-4 Prime: Bu1,Iee5 Distticl &• Primary Business Cora District BD :Angus Christi Beath Design Dist. F -R Farm Rural District HC Historical-Cultural LanUnlark Preser:atrm ®Subject Property nigh ADO' 14ffPf 4 (:::•f:Bl'S ;n �pWSrrlor a.mached C.Vner'Si11A tabla /ftj'f - Cftl7ltN7 , COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:0508 -02 Michael L. Rittgers Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 38 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 22 (44.31 %) #2 (0.17 %), Billy D. Deel, 1650 Brownlee, No comments #6, 7 & 8 (2.11%, 2.11%, 2.11%), Linda Aldridge Echoles, 402 Delaine Dr., No comments #9 (2.11%), Geoff Zimmerman, 1641 S. Brownlee, No comments # 10 (4.23 %), James G. Rome, 218 Chandler Lane, No comments #11 (7.61 %), Alvaro J. Ramos, 6121 S. Brownlee, "A high density residential use means more people and more chances of unruly people, gang members, etc., more vandalism." #15 (2.11%), Ermila & Mayra Hinojosa, 1630 14th St., No comments #17 (4.23 %), Therese Shamoun, 534 Naples, No comments #18 (4.21 %), Richard Caston, 1700 Ayers, No comments #22, 23, 28, 29, (4.23 %, 2.11 %, 0.05 %, 0.08 %), Rix E. Musslewhite, Jr., 5808 Wicklow, "See Letter" #24 (2.11%), Minerva Vasquez & Alejandro Martinez, 1629 14th St., Petition #25, 26 ( 2.10 %, 1.69 %), Luis &2f`gia Valdez, 1625 14th St., Petition #27 (0.65 %), Leopoldo Romano Jr., Dec'd et ux Consuelo C. Romano, 1617 14th St., Petition #30 (0..08 %), Jane Martinez, 1640 15th St., Petition #31 (0.08 %), Betty Gonzales, 1642 15th St., Petition #32 (0.08 %), Deborah Eckhardt, 1646 15th, No comments #35 (0.05 %), Susan T. Bartlett, Estate of Dena Harris, 1608 Green Tree, No comments II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H:1PLN- DIRISHARED'Beverly12008 PC12008 Public Comments10508- 02.doc —202— 743 0 yy k a iG xy Xiu{" f.1 � Y 102 X K K X0CA PE R X V m 0 g W N+ O b m V 00 N e N N+ G 01 01.4 0 01 13 4+ 000 0 V N (0t w N+ G U I 1.NNNNN1JN .......................... {1 -4 • 0 10 N 0 (0N N (01 01 01 (010 01 1 N N N N N 10 (01 10 10 10 10 N o U N 001 0 gg $ $o'e 000'o $�b"oSoio'G '$i'dSlcooa eC'o $1'G1 n m 2 C; m ;" ; A C C C 3 i n n ET 2 i ; 2 l4 r Dr) > o< Z 0 2 �D1nyn Opy C CO�>�y CtlC%��A A2 Z y p OOO Vi mmm n • zryA Nyly Amm rOfi �! oo8iaog>8;;miAZAh " NSrczy•EmZ1R1 !'1Nmm NWNmmmvz0<0 5$ 1700 op m-sN m S 3mcc3S mm w n nw mS C 71 m .Q m -1 ^ O O = D y D 0 m 4� =l yO N Ny Z '1 a A a v x). 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The dty council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city coundl for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the dty council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city coundl regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the dty council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the dty In a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing It such information as is necessary in relation to Its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sac. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the, extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —204 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as .set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. - 33 - ARTICLE 7. "R -2" MULTIPLE DWELLING DISTRICT REGULATIONS Section 7 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -2" Multiple Dwelling District. The purpose of this district is to maintain a generally spacious residential environment but at the same time pennits a variety of housing types. Population density and height of buildings are low enough to be compatible with neighboring single- family development. Permitted community facilities are the same as for the one - family districts. A minimum of two -unit townhouse structures is permitted per platted property provided each townhouse unit is in compliance with the current building code, as amended. Section 7 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R-1A" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family or townhouse dwellings housing no more than ten (10) dwelling units per detached building. ( 4) Sign requirements shall be the same as those in the "R -1A" One - family Dwelling District. (5) Assisted living facility. (Ordinance 24566, 08/28/01) Section 7 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. Section 7-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 7 -5 Height, Area, and Sulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 7-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -2 -206- 25 ARTICLE 5. "R 1A" ONE- FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent Eddie total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02108 -207- R -1 A - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Teiecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 R-1A -208- - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -IB" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -209- R 1A - 44 - ARTICLE 9. "A -2" APARTMENT HOUSE DISTRICT REGULATIONS Section 9-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "A -2" Apartment House District. This, the highest density residential district, is generally located near or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. Section 9 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02118197) ( 3) Multiple- family dwellings. ( 4) Boarding, rooming and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Apartment hotels. ( 7) Non -profit, religious, educational, and philanthropic institutions. ( 8) Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. ( 9) Accessory buildings and uses. (10) A sign identifying all permitted uses, except for one and two- family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property is occupied by ten (10) or more multi- family units, one (1) ground or monument freestanding sign, which shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lieu of a wall sign. (b) Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi - family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. (11) Assisted living facility. (Ordinance 24566, 08/28/01) 02108 AT -210- - 45 (12) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) (13) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 9-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 9-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 9-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be set forth in the chart of Article 24, and in addition the following regulations shall apply: 9-5.01 Buildings may exceed sixty (60) feet or four (4) stories in height provided that forty percent (40 %) of the site is devoted to non - vehicular open space. 9 -5.02 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 9-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02 /08 —211— AT MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday May 14, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Vice - Chairman Atilano J. Huerta *Arrived at 5:33 p.m. James Skrobarczyk John C. Tamez Johnny R. Martinez David Loeb Govind Nadkarni *Arrived at 5:38 p.m. ABSENCES: R. Bryan Stone, Chairman Evon J. Kelly Y. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Sr. City Planner Robert Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Wes Vardeman, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang - Priestley, Recording Secretary In the absence of Chairman Stone, Vice Chairman Garza declared a quorum was present and called the meeting to order at 5:32 p.m. c. Case No. 0508-02 Michael L. Rittgers: A change of zoning from a "R -2" Multiple Dwelling District to an "A -2" Apartment House District resulting in a change of land use designation from medium density residential to high density residential use Fitchue Place, Block 1103, Lots 49 through 58, located on the northeast side of 14th Street and approximately 150 feet north of Ayers Street. Mr. Bob Payne, Development Services, presented the above case via Power Point stating the applicant is Michael L. Rittgers and the subject property is located in Fitchue Place, Block 1103, Lots 49 through 58, located on the northeast side of 14th Street and approximately 150 feet north of Ayers Street. Mr. Payne stated the request is for a change of zoning from an "R -2" Multiple Dwelling District to an "A -2" Apartment House District. Mr. Payne stated the subject property is relatively close to downtown about one mile from the bayfront. Mr. Payne stated the applicant also owns lots 59 and 60 which are zoned "B -4" General Business District, but those two lots are not included in the rezoning request and will remain "B -4" General Business District zoning. Mr. Payne stated the Existing Land Use map indicates residential to the north and west with some commercial uses to the east and south. Mr. Payne stated that two lots of the subject property contain an existing duplex. Mr. Payne stated the differences between the "R -2" Multiple Dwelling District and the "A -2" Apartment House District is basically density. The "R -2" District has a density of 1 4.52 units per acre with a minimum front yard setback of 20 feet with five -foot side and rear yard setbacks. The maximum height is 45 feet or three stories. Mr. Payne stated the "A -2" District requires a twenty (20) foot front yard setback, and five (5) foot side and rear yard setbacks for single family or two- family uses. For multi- family uses a ten (10) foot side and rear yard setback is required for one story buildings plus five (5) foot for each additional story, up to a 30 foot —212— Planning Commission Minutes May 14, 2008 Page 2 maximum. Maximum height is 60 feet or four (4) stories unless the site contains 40% non - vehicular open space then the maximum height and four (4) stories can be exceeded. Mr. Payne displayed photos of the subject property with the public notice signs posted (taken same day as Planning Commission meeting). Mr. Payne stated that in response to a resident complaint concerning the signs staff visited the property and advised the applicant to take whatever action was needed to ensure the signs were properly displayed. Mr. Payne stated the Future Land Use Plan calls for multi - family; therefore, the request is generally consistent with the Comprehensive Plan. Mr. Payne stated staff has met with Mr. Rex E. Musselwhite who is the Block Captain of the neighborhood and owns property across the street from the subject property. Mr. Payne stated Mr. Musselwhite has submitted two letters in opposition to the request (including a neighborhood petition in opposition), one as the "Block Captain 1600 Block of 15t Street" and one as the "Neighborhood Improvement Project Area 15 Community Leader ". Mr. Payne stated Mr. Musselwhite was not able to attend the meeting but his son is here and available for questions. Of the 38 notices mailed, 22 were returned in opposition (39.39 %) and zero were returned in favor. Mr. Payne stated this case is considered controversial. Staff recommends approval of the "A -2" Apartment House District which would allow for a density of 36.3 units per acre; however, this site is not an acre and based on the site, theoretically 25 units could be placed on the property. Mr. Payne stated that the applicant has not submitted a site plan and only after staff reviews a site plan can the actual density be determined. Mr. Payne stated that staff recommendation is generally consistent with the Comprehensive Plan with multi - family use in the area and it adds residential development near the downtown area; the Comprehensive Plan for the downtown area states that one of the things lacking is a resident population. Mr. Payne stated the recommendation promotes development of the neighborhood and increases the tax base on what is otherwise vacant property and/or property that appears to be in disrepair. Mr. Payne stated the recommendation creates a buffer use between the commercial uses on Brownlee and Ayers and a lower density residential neighborhood. Mr. Payne stated it promotes the principles of smart growth through higher density and by creating infill on bypassed lots. In response to Commissioner Nadkarni, Mr. Payne stated Mr. Musselwhite owns a duplex across from the subject property and a single- family house. Commissioner Nadkarni stated his concern with the fact that Mr. Musselwhite is opposing the request due to it being a multi- family request, yet Mr. Musselwhite himself owns a multi - family unit in the area. In response to Commissioner Loeb, Mr. Payne stated that for the applicant to be allowed to move small individual houses on the subject property and rent them as apartments the individual houses would have to meet the building code and then each individual house would have to be on a 6,000 square foot lot. Public hearing was opened. Mr. Cris Musselwhite, 5808 Wicklow, came forward on behalf of Mr. Rex E. Musselwhite, in opposition to the request stating he is concerned about the relocation of small houses onto the subject property creating a cluster of rentals. Mr. Musselwhite stated his objection is to creating a high - density area. Mr. Musselwhite gave an example of 25 units needing 50 parking spaces and the area could not support that. Another reason given for objection was that other properties owned ge applicant are not in good condition or repair. Planning Commission Minutes May 14, 2008 Page 3 Mr. Musselwhite stated the applicant allows vagrants to live in and move back and forth between a non - registered vehicle and other rentals he owns. Mr. Musselwhite read a statement in opposition signed by several people from the area. In response to Commissioner Loeb, Mr. Musselwhite stated the area residents would like the property to be zoned as single- family or at least keep it as is. Mr. Y. Vela, 1628 14th Street, came forward in opposition to the request stating the zoning should remain an "R -2" Multiple Dwelling District, that it has worked well for the area. Ms. Lydia Farias, 1628 14th Street, came forward in opposition to the request stating concerns with safety and traffic. Ms. Gloria H. Esquivel, 1603 14th Street, came forward in opposition to the request stating she has lived in the neighborhood for 30 years. Ms. Esquivel stated concerns with safety and the other unkempt properties owned by the applicant. Mr. Mike Rittgers, 2829 Quebec, applicant, came forward in support of the request stating he has owned the property for about three weeks and it is his dream to build the apartment complex to provide housing in an area in need of housing. Mr. Rittgers stated that many people driving by the property have stopped to ask when it will be available to rent. In response to Commissioner Tamez, Mr. Rittgers stated he expects to break ground for the project within 60 to 90 days. In response to Commissioner Nadkarni's concern that the parking requirements cannot be met for 25 units on the subject property because of the size of the property, Mr. Payne stated that with one - bedroom units it would be tight, but possible. Commissioner Loeb stated that if only two - stories are going to be built, the constraint is not the zoning, but the parking requirement and the landscaping requirement on a site this size. Commissioner Loeb stated the challenge here is how a parking lot could be built minimizing the driveway space available to have parking space close to the apartment doors. In response to Commissioner Skrobarczyk, Mr. Payne stated the subject property is designated as medium - density in the Future Land Use and medium - density is defined as eight to twenty -two units per acre. Anything above that is considered high - density residential, however, Mr. Payne stated this request is generally consistent with the Comprehensive Plan because multi- family use is proposed. Ms. Goode -Macon stated the applicant has two lots and the Future Land Use map calls for "B -4" General Business District and that would allow for 36 units per acre for apartments. In response to Commissioner Skrobarczyk, Mr. Payne stated that when property is rezoned to "A -2 ", typically, the density ends up somewhere in the twenty's. Mr. Payne stated that generally, above 25 units per acre is typically the larger units on the Southside. Mr. Payne stated that the higher up one builds, the larger the "A -2" District setbacks become. In response to Commissioner Skrobarczyk, Ms. Goode -Macon stated that the vision of the Future Land Use map is not being exceeded considering the medium density and the "B -4" zoned lots toward the back. Public hearing was closed. —214— Planning Commission Minutes May 14, 2008 Page 4 Commissioner Tamez thanked the residents for coming and voicing their opinions and those opinions are taken into consideration in the Commission's deliberations. Commissioner Tames stated they also take into consideration what the landowner is trying to achieve and in this case a new development is being proposed in an area that has not seen anything new for a long time. Commissioner Tamez stated he wants to give the landowner an opportunity to do that. Commissioner Tamez stated that staff has taken a lot of time to investigate this case and to determine what is the best use. Commissioner Huerta stated he has run some numbers based on this case and feels that it will be difficult for the applicant to achieve his goal. Commissioner Huerta stated his numbers indicate 20 units maximum at 1,000 square feet each. Based on this, the applicant will be limited in the number of units he is able to build, therefore, he does not believe high density will be a problem. Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being absent. Motion to approve staff recommendation was made by Commissioner Tamez and was seconded by Commissioner Loeb. Vice- Chairman Garza stated sometimes changes are for the better and with the costs involved in this project, the likelihood that there will be 20 to 25 units is small because of the parking constraints. Vice - Chairman Garza stated that with the current zoning of "R-2" the applicant could do a multi - family complex as long as it meets all the requirements. Vice - Chairman Garza stated that in the past others have complained about what is happening in their neighborhoods, but in the long run it turns out to be a good thing and those same residents are happy with the results. Mr. Bob Nix, Development Services, stated the project will be under four stories so the applicant could use combustible material with a sprinkler in every unit, and fire separation walls, plus other more stringent construction requirements. Mr. Nix stated that another thing required for this type of development is higher fire flow. The fire flow required for townhouses is 750 gallons per minute. If the applicant builds townhouses to the standards of the Insurance Services Organization (ISO), that is not the residential code townhouse. It is more stringent. It is 1,500 gallons per minute if the code type townhouse is built or apartments. Therefore, one of the first issues the applicant will have to resolve is whether or not he has adequate fire flow and if doesn't then he has to work with the Fire Marshal's Office on alternative fire prevention methods to meet ISO standards. Mr. Nix stated this is something the applicant needs to be looking at. Commissioner Loeb suggested to the applicant that he meet and talk with the neighbors if at all possible. Commissioner Loeb stated he believes if communications are open it could allay many of the concerns the neighbors have. Commissioner Loeb also stated that he lives in an apartment complex and not all apartment dwellers are evil people. Commissioner Loeb further stated he loves this neighborhood and drives through it often in his daily travels. Commissioner Loeb stated it is good to see that the area is making a come back, especially considering the improvements to the beautiful middle school. Commissioner Loeb commended the residents for coming out and being proud and he hopes they can perceive this as an opportunity and give the developer a chance to improve the neighborhood. —215— PIanning Commission Minutes May 14, 2008 Page 5 In response to Commissioner Skrobarczyk, Mr. Nix stated the existing infrastructure should not be a drawback in smart growth redevelopment. One of the smart growth principles is to direct development to areas where there is existing infrastructure to support it, hence, if an area is overdeveloped in terms of the existing infrastructure, one must also have plans for developing the infrastructure along with it. Mr. Nix stated one can only grow to the capacity of the infrastructure or one's funds to improve it. Smart growth recognizes those two facts; sprawl does not. Mr. Nix stated that one of the things the City Council is talking about is coordinating growth with infrastructure plans and with financial capacity to support it. Commissioner Martinez stated that the Planning Commission's job is to make a recommendation to City Council and he would like the developer to be more prepared when he goes before City Council, and stated that the residents will again have a chance to voice their concerns. Commissioner Martinez stated that if the residents could be more informed as to what is being requested they might be more comfortable. Call for the question was made and the motion passed unanimously with Chairman Stone and Commissioner Kelly being absent. —216— Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MICHAEL L. RITTGERS, BY CHANGING THE ZONING MAP IN REFERENCE TO FITCHUE PLACE, BLOCK 1103, LOTS 49 THROUGH 58, FROM "R -2" MULTIPLE DWELLING DISTRICT TO "A -2" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO . ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Michael L. Rittgers, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 14, 2008, during a meeting of the Planning Commission, and on Tuesday, June 17, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Fitchue Place, Block 1103, Lots 49 through 58, located on the northeast side of 14th Street and approximately 150 feet north of Ayers Street, from "R -2" Multiple Dwelling District to "A -2" Apartment House District. (Zoning Map 046042) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H: 1LEG- DIR\ SharedUaylAgenda1200816- 1710RD- zoningo50a Ringers- FitchuePl.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of June, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: June 9, 2008 R. ,illy ,'eining First Assists ity Attorney For City Att rney H:I LEG -DI R1S haredl JaylAgenda1200816- 171QRD- zoning050B- 22jlittgers -i` itch uePl.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG -D1 R1SharedWaylAgenda1 200816- 1710RD- zoning0568t *Stlgers- FitchuePl.doc /R 21-B ;.-- 19 40> swim. 2.9 40 " 4.7/ , 1 \ .. ,..," 60," \ .., ..." \-• ../".... 5-.- SpC "A . N 2 - --------. ‹,'1--=,. ..- ..-- ,_;..• WYNN SMLE / ,-• .--; .---..... ----- MERCHANTS #1 , iotRrepargdAy- SRP ,..) evelopm Servi s' Deparrrn CASE # 0508-02 •;•_ S».frrr •: jIl.j SII?:111af? +an-t13: L1;1, • : • IS :hi 7-11,41, ✓ rm.,: Si Liflivi • • Liallaad Z1,11: L.ghl - Htil. incaquia: PMunei .,i1_ Th;.•! 1-r, =am./ E .7-71- 7 .A.,ricm: 711 T- C•1,11 • 7 ' 'At • LEZVAito-. •,.. 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' " ' ' ' ' 19 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: July 8, 2008) Case No. 0508 -01, Flint Hills Resources, L.P.: A change of zoning from "R -1B" One - family Dwelling District and "A -1" Apartment House District to a `B -1" Neighborhood Business District on property described as Nueces Bay Heights, Block 22, Lots 1 through 20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north and Noakes Street to the south. Planning Commission & Staff's Recommendation (May 28, 2008): Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a "R -1B" One - family Dwelling District (Lots 4 -17) and an "A- 1 Apartment House District (Lots 1 -3 and 18 -20) each with a Special Permit for a temporary off - street parking lot subject to a site plan and the following twelve (12) conditions: 1. USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R -1B" One - family Dwelling District and an "A -1" Apartment House District is a one (1) year temporary off -street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces. 2. SCREENING: Temporary screening fence constructed with chain link and slats with a height of not less than six (6) feet must be installed and maintained by the applicant: a) along a line parallel to and not less than 50 feet west of the Floral Street right -of -way line, b) along a line parallel to and not less than 20 feet east of the Nueces Bay Boulevard right -of -way line, and c) along a line parallel to and not less than five (5) feet north and south of the rights-of-way line of Noakes and Hulbirt Street, respectively, adjacent to and west of the fence required in Items (a) and (b) above. No barbed wire, razor wire or similar product is permitted on the screening fence. 3. LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50 -foot wide landscape buffer will be maintained on the east end of the subject property along the Floral Street right -of -way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) a minimum 20 -foot wide landscape buffer will be maintained on the west end of the subject property along the Nueces Bay Boulevard right -of -way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area c) a minimum five (5) foot wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) existing healthy trees of a minimum 12 -inch caliper located in the interior of the proposed parking lot and not in the aisles must be identified on the site plan and preserved. The ground area around the trees to be preserved must not be disturbed by excavation or filling of base or paving material within a distance of ten (10) feet from the tree trunk. -223- Agenda Memorandum Case No. 0508 -01 (Flint Hills Resources, LP) Page 2 4. DRAINAGE: Filter fabric is required to be installed and maintained on the fenced perimeter of the entire site except for the entrance, the exit and the pedestrian gate. Filter fabric is also required around the perimeter of the temporary stockpile of topsoil removed from the subject site. This stockpile of topsoil is to be located on Block 23 to the north. All filter fabric is to remain in place until the fencing is removed at the conclusion of the project. The applicant will implement and maintain all storm water compliance requirements as a part of the applicant's Texas Pollution Discharge Elimination System permit. 5. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the residential neighborhood to the east and adjacent public rights -of -way. Portable gasoline or diesel powered light plants or similar self contained power generating motors are prohibited. Electricity is to be provided by conventional electrical lines and poles to the site to provide security lighting. 6. LITTER: The applicant is required to maintain the site in a litter -free condition throughout the duration of the Special Permit. In addition, the applicant is required to provide portable toilets and trash cans on the parking lot site, and provide adequate daily trash pickup patrols. 7. FIRE PROTECTION: The fire hydrant nearest the subject site which is located on the northwest comer of Floral Street and Hulbirt Street must be provided fire hose access through the screening fence and filter fabric acceptable to the Fire Department. 8. SIGNAGE: Except for directional and public information signage related to the temporary parking lot and the refinery shutdown, no other signage is permitted. 9. PARKING LOT CONSTRUCTION: Materials shall be six (6) inches compacted caliche base with two (2) inches of reclaimed asphalt overlay or equivalent, to minimize any dust or storm water pollution problems with the caliche base material. 10. TRAFFIC AND PEDESTRIAN CONTROL: Vehicle traffic shall enter and exit from Nueces Bay Boulevard only. The applicant will provide traffic control officers to keep traffic off side streets and direct vehicular and pedestrian traffic during peak hours. No parking shall be permitted on Nueces Bay Boulevard, Noakes, Hulbirt, Minton, Koepke, Floral, or Moore Streets by contract employee's personal vehicles or staging of eighteen - wheelers. In addition, there shall be no temporary parking in the buffer areas of the lot. Pedestrian crosswalk will be provided at Koepke Street and Nueces Bay Boulevard. 11. SHIFT CHANGES: Shift changes will occur at approximately 6:00 am and 6:00 pm, seven days a week, for approximately 90 days (September 1— November 30, 2008). 12. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which existed prior to the approval of the Special Permit and the applicant must reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. Requested Council Action: Approval of Planning Commission's and Staff Recommendation. —224— Agenda Memorandum Case No. 0508 -01 (Flint Hills Resources, LP) Page 3 Staff's Summary: • Request: The applicant is requesting a change of zoning on the subject site from "R -1B" One - Family Dwelling District and "A -1" Apartment House District to "B -1" Neighborhood Business District for a temporary off -site parking lot. The proposed temporary off -site parking lot is for contractor employees working on the scheduled maintenance shutdown of the Flint Hills East Plant located across Nueces Bay Boulevard between September 1, 2008 and November 30, 2008. The contractor employees will be working two 12 hour shifts per day, seven days a week during the shutdown. Shift changes are scheduled at 6:00 am and 6:00 pm. Approximately 400 contractor employees will park in the lot during each shift. The "B -1" Neighborhood Business District provides primarily for retail shopping and personal service uses to serve the needs of nearby residential neighborhoods. The "B -1" District also permits stand alone parking lots, which is why the applicant is requesting this zoning. The district requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard setbacks when adjacent to residential districts, otherwise there is no side and rear yard setback. The "B -1" District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. Zoning History of Property and Surrounding Area: In November 1998 and in June 2003, the applicant was granted Special Permits for temporary off - street parking Tots on the subject property for similar scheduled plant maintenance shutdowns. Both Special Permits were for terms of one year. In September 1996, the zoning of' Lots 1, 2, 3 and 4, Block 21 of Nueces Bay Heights subdivision located on the northeast corner of Interstate Highway 37 and Nueces Bay Boulevard and southwest of the subject property, were changed from a "B -1" District to a "B -4" District for an auto repair facility. Planning Staff Analysis: • General Characteristics and Background: The applicant has requested a "B -1" Neighborhood Business District on all of Block 22 of Nueces Bay Heights subdivision in construct a temporary parking lot for contractor parking. A three -month period for shutdown maintenance of the refinery is scheduled from approximately September 1, 2008 through November 30, 2008. The parking lot is proposed to accommodate approximately 400 parking spaces. The property is approximately 470 feet long and 300 feet wide. When the shutdown schedule is complete, the applicant will remove the parking lot improvements and the site will be returned to a grass surface with numerous existing large trees preserved for use as a buffer space between the refinery and the neighborhood to the east. The subject property is located between a designated collector street, Nueces Bay Boulevard, and three local streets, Floral, Noakes, and Hulbirt Streets. The entire subject property is vacant. The property to the west across Nueces Bay Boulevard is outside the City limits and is occupied by heavy industrial uses associated with the applicant's refinery production and product storage facilities. Block 23 to the north is vacant and zoned "R -1B" One- Family Dwelling District and "A -1" Apartment House District and is owned by the applicant. The properties east of Floral Street and on the west end of Block 21 are zoned "R -1B" One - Family Dwelling District, are vacant, and owned by the applicant. Lots south of Noakes Street are zoned "R -1B" One - Family Dwelling District and "A -1" Apartment House District, are vacant, and are owned by the applicant. -225- Agenda Memorandum Case No. 0508 -01 (Flint Hills Resources, LP) Page 4 The Westside Area Development Plan (adopted July 27, 1989 and amended February 28, 1995) recommends low - density and medium density residential development for the subject property. However, since the adoption of the Westside Area Development Plan, the refineries along the west side of Nueces Bay Boulevard have purchased the property between Nueces Bay Boulevard and Floral Street and much of the property between Floral and Palm Streets to eliminate residential uses located in close proximity to potentially hazardous refinery production and product storage facilities. Several of these properties several blocks to the north have been converted to office and parking uses associated with the refineries. The vacant subject property and the surrounding vacant property .owned by the applicant serve as a "safety buffer" between the refinery to the west and the residential neighborhood to the east. • Potential Housine Density: The "R -1B" District on Lots 4 through 17 of the subject property permits a density of 7.26 units per acre and one unit per platted lot or 14 single - family units. The existing "A -1" District on Lots 1 through 3 and 18 through 20 of the subject property permits a density of 21.78 units per acre or a maximum of 22 multi - family units. The proposed "B -1" District would permit 36.30 units per acre or 79 units. • Height/Bulk/Setbacks/Etc.: An "R-113" District requires a minimum front yard setback of 25 feet and minimum side and rear yard setbacks of five (5) feet. The "A -1" District requires a minimum front yard setback of 20 feet and a minimum side and rear yard setbacks of five (5) feet for single - family residences and duplexes. For multiple- family dwellings, the side and rear yard setbacks are 10 feet for the first floor and an additional five (5) feet for each additional floor. The 13-1" District requires a minimum front yard setback of 20 feet and no side or rear yard setbacks unless adjacent to a residential district in which case a 10 -foot setback is required. The heights of structures are limited to 35 feet and 3 stories in an "R-1B" District and 45 feet and 3 stories in an "A -1" District. The `B -1" District is limited to a height of 35 feet and 3 stories. • SivnaQe: The "R -1B" District allows one, one - square foot wall sign. The "A -1" District allows one, 30- square foot wall sign for properties with less than 100 feet of street frontage and either one, 40- square foot wall sign or one, 40- square foot freestanding sign per premise per street frontage. The 13-1" District allows one, 40- square foot freestanding sign with a maximum height of 20 feet. • Parking: The parking lot will provide approximately 400 parking spaces which will provide adequate off -street parking for the duration of the three month refinery shutdown. The applicant has indicated that no refinery employees or contractor employees will be allowed to park on any of the surrounding streets. The parking lot is proposed as a temporary use for three months during the period of September 1, 2008 through November 30, 2008. However, additional time is needed for construction of the parking lot, removal of the parking lot after plant maintenance is completed, replacement of topsoil, and reestablishment of grass on the site for a total of approximately nine to twelve months. The applicant is requesting a Special Permit for one year, or when the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. • Screening: A temporary screening fence will be constructed by the applicant along all four street frontages, Nueces Bay Boulevard, Noakes, Hulbirt, and Floral Streets. The temporary screening fence will be constructed with chain link and slats with a height of not less than six (6) feet. When the plant maintenance project is completed, the parking lot and screening fence will be removed by the applicant and the site returned to conditions which existed before the special permit was approved. -226- Agenda Memorandum Case No. 0508-01 (Flint Hills Resources, LP) Page 5 • Utilities: The subject property has water and wastewater service available to the site; however, these services will not be needed for this temporary parking lot. Several storm water drainage inlets exist on the perimeter of the site and will accommodate storm water runoff from the site. No drainage problems are known to occur in this area. • Drainage: The applicant is proposing to use filter fabric to be installed and maintained on the fenced perimeter of the entire site except for the entrance and the exit. Filter fabric is also proposed to be placed around the perimeter of the temporary stockpile of topsoil removed from the subject site. This stockpile of topsoil is to be located on Block 23 to the north. All filter fabric is proposed to remain in place until the fencing is removed at the conclusion of the project. The applicant will implement and maintain all storm water compliance requirements as a part of the applicant's Texas Pollution Discharge Elimination System permit. • Transportation/Traffic: The subject property is located on the east side of Nueces Bay Boulevard between Floral Street, Noakes Street and Hulbirt Street. Nueces Bay Boulevard is designated as a collector street in the Urban Transportation Plan. It has 80 feet of right -of -way with four travel lanes and 54 feet of pavement width. The other three streets are all local streets with 50 feet of rights -of -way and 28 feet of pavement width. The applicant is proposing that traffic generated to and from the temporary parking lot be handled differently than required by the two previous Special Permits issued in 1998 and 2003. The prior Special Permits required that all vehicles entering and exiting the parking lot have access only to Nueces Bay Boulevard. No access was allowed to access the parking lot along any of the local streets. The applicant is requesting that the entrance to the parking lot be placed at mid -block on Noakes Street and the exit be placed at mid -block on Hulbirt Street. The applicant states that based on traffic experiences from the 1998 and 2003 parking lots, traffic flow was impeded due to utilization of Nueces Bay Boulevard during the two shift changes per day. By providing the mid -block entrance and exit on Noakes and Hulbirt Streets, respectively, stacking of vehicles will be on the two local streets rather than on Nueces Bay Boulevard. The applicant states that the contractor employees will be required to use only Nueces Bay Boulevard and the two portions of Noakes and Hulbirt Streets to gain access to and from the parking lot. The applicant states that private security will be provided on the site 24 hours a day seven days a week and the private security service will continually monitor and enforce this traffic plan. Any contractor employee who repeatedly violates this plan will be dismissed by the applicant. The applicant believes this traffic plan will address any concerns of contractor employees using the other local streets rather than what is proposed in the applicant's traffic plan. The majority of traffic destined or exiting the subject site is anticipated to use Nueces Bay Boulevard to Interstate Highway 37, one block to the south. Development of this property with the proposed temporary parking lot could generate approximately 1,600 vehicle trip ends per day during the duration of the three month plant shutdown. Nueces Bay Boulevard has four travel lanes with a design carrying capacity of 8,250 average daily trips. There are no traffic counts available for Nueces Bay Boulevard; however, observations by the Traffic Engineering Division of the City indicate that the roadway operates well below its capacity. The addition of 1,600 trips per day with 800 concentrated at 6:00 am and 800 concentrated at 6:00 pm will have a minimum impact on the carrying capacity of Nueces Bay Boulevard. However, the addition of 800 vehicle trips and resultant stacking onto Noakes and Hulbirt Streets would be much more impactive. These streets exist within 50 of right -of -way and have a 28 foot back -of -curb —227— Agenda Memorandum Case No. 0508 -01 (Flint Hills Resources, LP) Page b to back -of -curb with two travel lanes. There are no traffic counts available for Noakes or Hulbirt Street; however, the design carrying capacity of two lane local streets such as Noakes and Hulbirt Streets is 800 average daily trips. The addition of 800 trips per day will significantly exceed the carrying capacity of these two local streets which also provide access to the residential uses to the east to and from Nueces Bay Boulevard, the primary north -south collector street serving the Hillcrest neighborhood. Hulbirt and Koepke Streets have no stop signs between Nueces Bay Boulevard to Kennedy Avenue and serve as feeder streets from the neighborhood to Nueces Bay Boulevard. Staff does not support driveway entrances /exits along Noakes and Hulbirt Streets, due to the carrying capacity of Noakes and Hulbirt Street would be exceeded with the applicant's proposed traffic plan. Additionally, local streets are not designed to handle commercial or industrial traffic flow and such access would encourage traffic to traverse into the adjoining residential area. • Public Safety: Police /Security: No additional demand for police protection is anticipated for this temporary use because the applicant will provide 24 hour seven days a week private security patrol on the site during the shutdown period. Fire: The existing Fire Station No. 5 located at Leopard Street and Nueces Bay Boulevard located approximately V2 mile south of the site will serve the parking lot. Fire Station No. 1 located on Belden Street north of downtown will provide primary backup. Due to the fact that only a vehicular fire is possible in this parking lot, a pumper truck with a 500 gallon capacity water tank would respond to the site due to this type of fire. • Other Potential Nuisances: There are several other potential nuisances of noise, security lighting, and litter with the development of a temporary parking lot in proximity to existing low density residential uses. Noise will be generated from the proposed four portable gasoline powered light plants to be located at each corner of the parking lot. In addition, the security lighting for the parking area generated by these gasoline powered light plants will project light in a broad area into the adjacent streets and into the residential neighborhood to the east. These nuisances may be avoided through the use of security lighting provided by conventional electrical lines and fastened to light poles rather than the use of noisy portable gasoline powered light plants. In addition, the height of light poles on the site should be limited in height to 25 feet and the lighting elements should be required to have cutoff shields and be direct away from residential areas to the east and adjacent roadways. The applicant will need to provide measures for mitigating the nuisances of litter from parking areas that will potentially be blown off of the property and into adjacent properties and streets. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as low and medium density residential. The subject property is located in the Westside Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Westside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan. -228- Agenda Memorandum Case No. 0508 -01 (Flint Hills Resources, LP) Page 7 Westside Area Development Plan (ADP) Policy Statements: • C.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southside ADP areas. The plan provides for a compatible configuration of activities with emphasis on: accommodation of existing zoning patterns; the protection of low- density residential activities from incompatible activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Staff Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low - density residential activities from high - intensive commercial activities such as increased noise, environmental impacts, additional demand on City infrastructure (water, wastewater, stormwater, fire, and police services), traffic, Lighting, and other land use compatibility elements must be mitigated. • C.5 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition from low density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Staff Comment: The applicant has demonstrated that the proposed 50 foot vegetative buffer yard will mitigate negative effects from the temporary parking lot to the residential neighborhood to the east; therefore, the improvement plan is essentially consistent with Policy Statement C.S. Existing low density residential development should be buffered from the proposed temporary parking lot with open space by increasing the building setback from adjacent residentially zoned property. • C.6 - POLICY STATEMENT Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for their activities. Such methods may include, but are not limited to, larger zoning setbacks, landscaping and /or screening, etc. Staff Comment: The applicant has demonstrated that the proposed 50 foot vegetative buffer yard and the proposed screening fence will mitigate negative effects from the temporary parking lot to the residential neighborhood to the east; therefore, the improvement plan is essentially consistent with Policy Statement C.6. The Special Permit provides a mechanism for increased development standards than those minimum standards required by the Zoning Ordinance, such as requiring increased setbacks and buffer yards and providing screening. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: -229- Agenda Memorandum Case No. 0508 -01 (Flint Hills Resources, LP) Page 8 Corpus Christi Policy Statements: • Residential Policy c: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN. Care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, buffer yards, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are use to make the uses compatible. Staff Comment: The project as proposed by the applicant is substantially consistent with Residential Policy c. Additional design techniques, buffer yards, landscaping, and screening will need to be utilized to protect existing residential areas. • Residential Policy is INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e. provision of open space, landscaping, screening fences, etc. Staff Comment: The project is not consistent with Residential Policy i. The proposed improvement plan indicates a 50 -foot vegetative buffer strip along Floral Street. Without adequate buffering of the proposed temporary use and existing low density residential uses located to the east, this proposed development will be incompatible with abutting existing residential areas. Notification: Of the 156 notices mailed to the surrounding property owners zero (0) notices were returned in favor and four (4) were returned in opposition from outside the 200' notification area. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. /v-;4, Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (May 28, 2008) 3) Ordinance H:1PLN- DIRISHAREDIBeverly12008 CCIMay'0810508- 02AGENDAMEMO.doc -230- CITY COUNCIL ZONING REPORT Case No.: 0508 -01 City Council Hearing Date: June 17, 2008 Zoning Request Applicant: Flint Hills Resources, L.P. Owner: Flint Hills Resources, L.P. Representative: Gary Carriger Address: N/A Legal Description/Location: Nueces Bay Heights, Block 22, Lots 1 -20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north, and Noakes Street to the south Existing Zoning and Land Uses From: "R -1B" One - Family Dwelling District (Lots 4 -17) and "A -1" Apartment House District (Lots 1 -3 and 18 -20) To: "B -1" Neighborhood Business District Area: 3.48 acres Purpose of Request: To allow for a temporary off street parking lot for approximately 400 parking spaces Site North South East West Zoning Existing Land Use "R -1B" One - Family Dwelling District and "A -1" Apartment House District Vacant Future Land Use Low - density Residential and Medium Density Residential "R -1B" One - Family Dwelling District and "A -1" Apartment House District "R -1B" One - Family Dwelling District and "A -1" Apartment House District "R -1B" One - Family Dwelling District Outside City Limits Vacant Low - density Residential and Medium - density Residential Vacant Low - density Residential and Medium- density Residential Vacant Low - density Residential Heavy Industrial Heavy Industrial 4 o Area Development Plan: Westside; The Comprehensive Plan supports low - density and medium - density residential uses for the subject property. A change to commercial uses would be inconsistent with the Comprehensive Plan. Map No.: 047045 Zoning Violations: None -231- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 2 Staffs Summary: • Request: The applicant is requesting a change of zoning on the subject site from "R -1B" One - Family Dwelling District and "A -1" Apartment House District to "B -1" Neighborhood Business District for a temporary off -site parking lot. The proposed temporary off -site parking lot is for contractor employees working on the scheduled maintenance shutdown of the Flint Hills East Plant located across Nueces Bay Boulevard between September 1, 2008 and November 30, 2008. The contractor employees will be working two 12 hour shifts per day, seven days a week during the shutdown. Shift changes are scheduled at 6:00 am and 6:00 pm. Approximately 400 contractor employees will park in the lot during each shift. "B -1" Neighborhood Business District provides primarily for retail shopping and personal service uses to serve the needs of nearby residential neighborhoods. The `B -1" District also permits stand alone parking lots, which is why the applicant is requesting this zoning. The district requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard setbacks when adjacent to residential districts, otherwise there is no side and rear yard setback. The "B -1" District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. Zoning History of Property and Surrounding Area: In November 1998 and in June 2003, the applicant was granted Special Permits for temporary off- street parking lots on the subject property for similar scheduled plant maintenance shutdowns. Both Special Permits were for terms of one year. In September 1996, the zoning of Lots 1, 2, 3 and 4, Block 21 of Nueces Bay Heights subdivision located on the northeast corner of Interstate Highway 37 and Nueces Bay Boulevard and southwest of the subject property, were changed from a "B -1" District to a "B -4" District for an auto repair facility. Planning Staff Analysis: • General Characteristics and Background: The applicant has requested a "B -1" Neighborhood Business District on all of Block 22 of Nueces Bay Heights subdivision in construct a temporary parking lot for contractor parking. A three -month period for shutdown maintenance of the refinery is scheduled from approximately September 1, 2008 through November 30, 2008. The parking lot is proposed to accommodate approximately 400 parking spaces. The property is approximately 470 feet long and 300 feet wide. When the shutdown schedule is complete, the applicant will remove the parking lot improvements and the site will be returned to a grass surface with numerous existing large trees preserved for use as a buffer space between the refinery and the neighborhood to the east. The subject property is located between a designated collector street, Nueces Bay Boulevard, and three local streets, Floral, Noakes, and Hulbirt Streets. The entire subject property is vacant. The property to the west across Nueces Bay Boulevard is outside the City limits and is occupied by heavy industrial uses associated with the applicant's refinery production and product storage facilities. Block 23 to the north is vacant and zoned "R -1B" One - Family Dwelling District and "A- 1" Apartment House District and is owned by the applicant. The properties east of Floral Street and on the west end of Block 21 are zoned "R -1B" One - Family Dwelling District, are vacant, and owned by the applicant. Lots south of Noakes Street are zoned "R -1B" One - Family Dwelling District and "A -1" Apartment House District, are vacant, and are owned by the applicant. -232- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 3 The Westside Area Development Plan (adopted July 27, 1989 and amended February 28, 1995) recommends low- density and medium density residential development for the subject property. However, since the adoption of the Westside Area Development Plan, the refineries along the west side of Nueces Bay Boulevard have purchased the property between Nueces Bay Boulevard and Floral Street and much of the property between Floral and Palm Streets to eliminate residential uses located in close proximity to potentially hazardous refinery production and product storage facilities. Several of these properties several blocks to the north have been converted to office and parking uses associated with the refineries. The vacant subject property and the surrounding vacant property owned by the applicant serve as a "safety buffer" between the refinery to the west and the residential neighborhood to the east. • Potential Housing Density: The "R -1B" District on Lots 4 through 17 of the subject property permits a density of 7.26 units per acre and one unit per platted lot or 14 single- family units. The existing "A -1" District on Lots 1 through 3 and 18 through 20 of the subject property permits a density of 21.78 units per acre or a maximum of 22 multi - family units. The proposed "B -1" District would permit 36.30 units per acre or 79 units. • Height/Bulk/Setbacks/Etc.: An "R -1B" District requires a minimum front yard setback of 25 feet and minimum side and rear yard setbacks of five (5) feet. The "A -1" District requires a minimum front yard setback of 20 feet and a minimum side and rear yard setbacks of five (5) feet for single - family residences and duplexes. For multiple- family dwellings, the side and rear yard setbacks are 10 feet for the first floor and an additional five (5) feet for each additional floor. The "B -1" District requires a minimum front yard setback of 20 feet and no side or rear yard setbacks unless adjacent to a residential district in which case a 10 -foot setback is required. The heights of structures are limited to 35 feet and 3 stories in an "R -1B" District and 45 feet and 3 stories in an "A -1" District. The "B -1" District is limited to a height of 35 feet and 3 stories. • Signage: The "R -1B" District allows one, one - square foot wall sign. The "A -1" District allows one, 30- square foot wall sign for properties with less than 100 feet of street frontage and either one, 40- square foot wall sign or one, 40- square foot freestanding sign per premise per street frontage. The "B -1" District allows one, 40- square foot freestanding sign with a maximum height of 20 feet. • Parking: The parking lot will provide approximately 400 parking spaces which will provide adequate off- street parking for the duration of the three month refinery shutdown. The applicant has indicated that no refinery employees or contractor employees will be allowed to park on any of the surrounding streets. The parking lot is proposed as a temporary use for three months during the period of September 1, 2008 through November 30, 2008. However, additional time is needed for construction of the parking lot, removal of the parking lot after plant maintenance is completed, replacement of topsoil, and reestablishment of grass on the site for a total of approximately nine to twelve months. The applicant is requesting a Special Permit for one year, or when the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. • Screening: A temporary screening fence will be constructed by the applicant along all four street frontages, Nueces Bay Boulevard, Noakes, Hulbirt, and Floral Streets. The temporary screening fence will be constructed with chain link and slats with a height of not less than six (6) feet. When the plant maintenance project is completed, the parking lot and screening fence will be removed by the applicant and the site returned to conditions which existed before the special permit was approved. -233- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 4 • Utilities: The subject property has water and wastewater service available to the site; however, these services will not be needed for this temporary parking lot. Several storm water drainage inlets exist on the perimeter of the site and will accommodate storm water runoff from the site. No drainage problems are known to occur in this area. • Drainage: The applicant is proposing to use filter fabric to be installed and maintained on the fenced perimeter of the entire site except for the entrance and the exit. Filter fabric is also proposed to be placed around the perimeter of the temporary stockpile of topsoil removed from the subject site. This stockpile of topsoil is to be located on Block 23 to the north. All filter fabric is proposed to remain in place until the fencing is removed at the conclusion of the project. The applicant will implement and maintain all storm water compliance requirements as a part of the applicant's Texas Pollution Discharge Elimination System permit. • Transportationffraffic: The subject property is located on the east side of Nueces Bay Boulevard between Floral Street, Noakes Street and Hulbirt Street. Nueces Bay Boulevard is designated as a collector street in the Urban Transportation Plan. It has 80 feet of right -of -way with four travel lanes and 54 feet of pavement width. The other three streets are all local streets with 50 feet of rights -of -way and 28 feet of pavement width. The applicant is proposing that traffic generated to and from the temporary parking lot be handled differently than required by the two previous Special Permits issued in 1998 and 2003. The prior Special Permits required that all vehicles entering and exiting the parking lot have access only to Nueces Bay Boulevard. No access was allowed to access the parking lot along any of the local streets. The applicant is requesting that the entrance to the parking lot be placed at mid -block on Noakes Street and the exit be placed at mid -block on Hulbirt Street. The applicant states that based on traffic experiences from the 1998 and 2003 parking lots, traffic flow was impeded due to utilization of Nueces Bay Boulevard during the two shift changes per day. By providing the mid - block entrance and exit on Noakes and Hulbirt Streets, respectively, stacking of vehicles will be on the two local streets rather than on Nueces Bay Boulevard. The applicant states that the contractor employees will be required to use only Nueces Bay Boulevard and the two portions of Noakes and Hulbirt Streets to gain access to and from the parking lot. The applicant states that private security will be provided on the site 24 hours a day seven days a week and the private security service will continually monitor and enforce this traffic plan. Any contractor employee who repeatedly violates this plan will be dismissed by the applicant. The applicant believes this traffic plan will address any concerns of contractor employees using the other local streets rather than what is proposed in the applicant's traffic plan. The majority of traffic destined or exiting the subject site is anticipated to use Nueces Bay Boulevard to Interstate Highway 37, one block to the south. Development of this property with the proposed temporary parking lot could generate approximately 1,600 vehicle trip ends per day during the duration of the three month plant shutdown. Nueces Bay Boulevard has four travel lanes with a design carrying capacity of 8,250 average daily trips. There are no traffic counts available for Nueces Bay Boulevard; however, observations by the Traffic Engineering Division of the City indicate that the roadway operates well below its capacity. The addition of 1,600 trips per day with 800 concentrated at 6:00 am and 800 concentrated at 6:00 pm will have a minimum impact on the carrying capacity of Nueces Bay Boulevard. However, the addition of 800 vehicle trips and resultant stacking onto Noakes and Hulbirt Streets would be much more impactive. These streets exist within 50 of right -of -way and have a 28 foot -234- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 5 back -of -curb to back -of -curb with two travel lanes. There are no traffic counts available for Noakes or Hulbirt Street; however, the design carrying capacity of two lane local streets such as Noakes and Hulbirt Streets is 800 average daily trips. The addition of 800 trips per day will significantly exceed the carrying capacity of these two local streets which also provide access to the residential uses to the east to and from Nueces Bay Boulevard, the primary north -south collector street serving the Hillcrest neighborhood. Hulbirt and Koepke Streets have no stop signs between Nueces Bay Boulevard to Kennedy Avenue and serve as feeder streets from the neighborhood to Nueces Bay Boulevard. Staff does not support driveway entrances/exits along Noakes and Hulbirt Streets, due to the carrying capacity of Noakes and HuIbirt Street would be exceeded with the applicant's proposed traffic plan. Additionally, local streets are not designed to handle commercial or industrial traffic flow and such access would encourage traffic to traverse into the adjoining residential area. • Public Safety: o Police /Security: No additional demand for police protection is anticipated for this temporary use because the applicant will provide 24 hour seven days a week private security patrol on the site during the shutdown period. o Fire: The existing Fire Station No. 5 located at Leopard Street and Nueces Bay Boulevard located approximately % mile south of the site will serve the parking lot. Fire Station No. 1 located on Belden Street north of downtown will provide primary backup. Due to the fact that only a vehicular fire is possible in this parking lot, a pumper truck with a 500 gallon capacity water tank would respond to the site due to this type of fire. • Other Potential Nuisances: There are several other potential nuisances of noise, security lighting, and litter with the development of a temporary parking lot in proximity to existing low density residential uses. Noise will be generated from the proposed four portable gasoline powered light plants to be located at each corner of the parking lot. In addition, the security lighting for the parking area generated by these gasoline powered light plants will project light in a broad area into the adjacent streets and into the residential neighborhood to the east. • These nuisances may be avoided through the use of security lighting provided by conventional electrical lines and fastened to light poles rather than the use of noisy portable gasoline powered light plants. In addition, the height of light poles on the site should be limited in height to 25 feet and the lighting elements should be required to have cutoff shields and be direct away from residential areas to the east and adjacent roadways. • The applicant will need to provide measures for mitigating the nuisances of litter from parking areas that will potentially be blown off of the property and into adjacent properties and streets. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as low and medium density residential. The subject property is located in the Westside Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Westside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: -235- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 6 Westside Area Development Plan (ADP) Policy Statements: • C.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southside ADP areas. The plan provides for a compatible configuration of activities with emphasis on: accommodation of existing zoning patterns; the protection of low - density residential activities from incompatible activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Staff Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low- density residential activities from high - intensive commercial activities such as increased noise, environmental impacts, additional demand on City infrastructure (water, wastewater, stormwater, fire, and police services), traffic, lighting, and other land use compatibility elements must be mitigated. • C.5 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from low density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Staff Comment: The applicant has demonstrated that the proposed 50 foot vegetative buffer yard will mitigate negative effects from the temporary parking lot to the residential neighborhood to the east; therefore, the improvement plan is essentially consistent with Policy Statement C.5. Existing low density residential development should be buffered from the proposed temporary parking lot with open space by increasing the building setback from adjacent residentially zoned property. • C.6 - POLICY STATEMENT Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for their activities. Such methods may include, but are not limited to, larger zoning setbacks, landscaping and /or screening, etc. Staff Comment: The applicant has demonstrated that the proposed 50 foot vegetative buffer yard and the proposed screening fence will mitigate negative effects from the temporary parking lot to the residential neighborhood to the east; therefore, the improvement plan is essentially consistent with Policy Statement C.6. The Special Permit provides a mechanism for increased development standards than those minimum standards required by the Zoning Ordinance, such as requiring increased setbacks and buffer yards and providing screening. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: -236- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 7 Corpus Christi Policy Statements: • Residential Policy c: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN. Care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, buffer yards, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are use to make the uses compatible. Staff Comment: The project as proposed by the applicant is substantially consistent with Residential Policy c. Additional design techniques, buffer yards, landscaping, and screening will need to be utilized to protect existing residential areas. • Residential Policy i: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e. provision of open space, landscaping, screening fences, etc. Staff Comment: The project is not consistent with Residential Policy i. The proposed improvement plan indicates a 50 -foot vegetative buffer strip along Floral Street. Without adequate buffering of the proposed temporary use and existing low density residential uses located to the east, this proposed development will be incompatible with abutting existing residential areas. Planning Commission and Staff Recommendation: (May 28, 2008) On May 19, 2008, the Northside Neighborhood Association met with representatives of Flint Hills and both parties and staff agree on the following modified wording and additional conditions as presented to the Planning Commission, shown as underlined. The Staff, Applicant and Northside Neighborhood Association agree on the following recommendation: Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a "R -1B" One - family Dwelling District (Lots 4 -17) and an "A -1" Apartment House District (Lots 1 -3 and 18 -20) each with a Special Permit for a temporary off - street parking lot subject to a site plan and the following twelve (12) conditions: 1. USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R -1B" One- family Dwelling District and an "A -1" Apartment House District is a one (1) year temporary off-street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces. 2. SCREENING: Temporary screening fence constructed with chain link and slats with a height of not Tess than six (6) feet must be installed and maintained by the applicant: a) along a line parallel to and not less than 50 feet west of the Floral Street right -of -way line, b) along a line parallel to and not less than 20 feet east of the Nueces Bay Boulevard right - -237— Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 8 of -way line, and c) along a line parallel to and not less than five (5) feet north and south of the rights -of -way line of Noakes and HuIbirt Street, respectively, adjacent to and west of the fence required in Items (a) and (b) above. No barbed wire, razor wire or similar product is permitted on the screening fence. 3. LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50 -foot wide landscape buffer will be maintained on the east end of the subject property along the Floral Street right -of -way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) a minimum 20 -foot wide landscape buffer will be maintained on the west end of the subject property along the Nueces Bay Boulevard right -of -way. All healthy trees of 12- inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, c) a minimum five (5) foot wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) existing healthy trees of a minimum 12 -inch caliper located in the interior of the proposed parking lot and not in the aisles must be identified on the site plan and preserved. The ground area around the trees to be preserved must not be disturbed by excavation or filling of base or paving material within a distance of ten (10) feet from the tree trunk. 4. DRAINAGE: Filter fabric is required to be installed and maintained on the fenced perimeter of the entire site except for the entrance, the exit and the pedestrian gate. Filter fabric is also required around the perimeter of the temporary stockpile of topsoil removed from the subject site. This stockpile of topsoil is to be located on Block 23 to the north. All filter fabric is to remain in place until the fencing is removed at the conclusion of the project. The applicant will implement and maintain all storm water compliance requirements as a part of the applicant's Texas Pollution Discharge Elimination System permit. 5. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the residential neighborhood to the east and adjacent public rights -of -way. Portable gasoline or diesel powered light plants or similar self contained power generating motors are prohibited. Electricity is to be provided by conventional electrical lines and poles to the site to provide security lighting. 6. LITTER: The applicant is required to maintain the site in a litter -free condition throughout the duration of the Special Permit. In addition, the applicant is required to provide portable toilets and trash cans on the parking lot site, and provide adequate daily trash pickup patrols. 7. FIRE PROTECTION: The fire hydrant nearest the subject site which is located on the northwest comer of Floral Street and Hulbirt Street must be provided fire hose access through the screening fence and filter fabric acceptable to the Fire Department. -238- Zoning Report Case No. 0508 -01 (Flint Hills Resources, LP) Page 9 8. SIGNAGE: Except for directional and public information signage related to the temporary parking lot and the refinery shutdown, no other signage is permitted. 9. PARKING LOT CONSTRUCTION: Materials shall be six (6) inches compacted caliche base with two (2) inches of reclaimed asphalt overlay or equivalent, to minimize any dust or storm water pollution problems with the caliche base material. 10. TRAFFIC AND PEDESTRIAN CONTROL: Vehicle traffic shall enter and exit from Nueces Bay Boulevard only. The applicant will provide traffic control officers to keep traffic off side streets and direct vehicular and pedestrian traffic during peak hours. No parking shall be permitted on Nueces Bay Boulevard, Noakes, Hulbirt, Minton, Koepke, Floral, or Moore Streets by contract employee's personal vehicles or staging of eighteen - wheelers. In addition, there shall be no temporary parking in the buffer areas of the lot. Pedestrian crosswalk will be provided at Koepke Street and Nueces Bay Boulevard. 11. SHIFT CHANGES: Shift changes will occur at approximately 6:00 am and 6:00 pm, seven days a week, for approximately 90 days (September 1— November 30). 12. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which existed prior to the approval of the Special Permit and the applicant must reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. can 0 co E c4 V Number of Notices Mailed — Favor *Opposition (As of dune 17, 2008) 20 within 200 foot notification area; 136 outside notification area 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 4 (Outside notification area) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Site — Subject Case Map 6. Site - Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. Planning Commission and Staff's Site Plan — Recommendation 9a. Applicant's Site Plan - Recommendation 10. District Uses 11. City Charter — Article V- Planning H:1PLN- DER ISHARED\Beverly12008 PC.12008 Zoning Report\May 10508- 01Flint Hills Resources, LP.doc -239- CASE # 0508 -01 1. NEIGHBORHOOD - 2006 AERIAL SUBJECT AROPERTY Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.colrl CASE # 0508 -01 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential ER 1=1 Low Density Residential. - LDR Med Density Residential - MDR High Density Residential. - HDR ® Mobile. Home- MH Q Vacant.- VAC Professional Office- PO Commercial - COM Light industrial - L7 tfeawy Industrial - Hi Public Serni•Public • PSP ;?r ®1t 11121r17746 SJIX Mob rn® ..0 .nay enee/opmpnF CASE # 0508-01 2. NEIGHBORHOOD - EXISTING LAND USE Llift Estate Residential. - ER Low Density Residential. - LDR ENE Med. Density Residential. - MDR High Density Residential. - HDR ® Motilie Home - MH Vacant- VAC ffig Professional Office - PO MI Commercial • COM Light industrial - Li Heavy Industrial l.!1 EIN Public Send-Public PSP p LOCATION MAP of Cow Christ 7. 4 ItiVezt ,(1 tic ,, 11 rif • CASE # 0508 -01 3. NEIGHBORHOOD - FUTURE LAND USE m LDR Agricultural/Rural - AR Tourist - TOR Estate Residential - ER S Research /Business Park - RBP Low Density Res. - LDR EN Light Industrial - Ll In Med Density Res. - MDR EH Heavy Industrial - 1-11 High Density Res. - HDR - Public Semi - Public - PSP - Mobile Home- MH ME Park Vacant - VAC Pa Drainage Corridor - DC Professional Office - PO M Dredge Placement • DP n Water Conservation/preservation - CP ® Commercial - COM Transportation Plan Exisnng Arterials - -- - Collectors - -�R Expressways cam OH Parkway -4-14-H- Railroad SUBJECT PROPERTY CASE # 0508 =01 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural - AR - Tourist - TOR Estate Residential - ER Research /Susiness Park - REP Low Density Res. - LDR Light industrial • LI Heavy industrial • 1i1 Public Semi - Public • PSP Park Drainage Corridor • DC Dredge Placement • DP Water Conservation /Preservation • C m m INE Med Density Res. • MDR High Density Res. • HDR S Mobile Home - MH Vacant - VAC Egi Professional Office - PO - Commercial • COM Transportation Plan sea Existing Arterials - -� - Collectors memo Expressways asset Parkway -H-1-1÷ Railroad sMR -� WEE I MI 12 EN :1 rl l:i' 1 •J �i! ;#) r:t s Anr'r+r s ' :OD SUBJECT PROPERTY .. Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.catexas.com CHANNEL 3 PONTIAC TRACT SOUTHWESTERN O!!. \21 100 200„ CASE # 0508 -01 5. SUBJECT CASE r -1 panmant House District A -1 A atmwnt Musa District Airartmene House DiWlitct +B Professional *Me District AT AF- Illl1ent-Toudsl Dishier B -I NetglnhothoodBun111e35 Dashi1 B-1A Neighborhood Business District 8-2 Boytont Business Daanici B A Banter intend Business District B' Business District B-4 Genital BYStoess Dishltt 0-5 Primary, Busiltel5 District B- Primary Business Gore District BD Corgis Christi Beath Desein Ont. F -R Farm Rural Dnsbn t HC Hlstoricehuaural Landmark Presar:aticn I -1 Limited lntlushfil District I -: Lull Ihmrotrtal Dlstrtcl I3 Heaty lntluslsiel 0lstrict PUD Planned Una Development R -13 ?ire Family Dwelling DlstrHt R -1B 'one Fanr1Y D+aellln0 District R -1C IJna Family 0relkno Distncl R_? Mult8Fle Pra9ano Dishl.l RA ante Family Dwelling District RE Resldennal Estate District R -TH Tannnouse Damning District SP SReelet Permit T -1 A Tre-.^el Trailer Perk Distract T•1B Manulattured Home Perk Disbicl T- IC Manulaxluie4 Home Sub51=ision SUBJECT PROPERTY i j ' tHAxNEL -- SOUTHWESTERN Oft PONTYAC TRACT PONrrAc TRACTS TRtCTT AYMOOR T 2 A -1 CASE # 0508 -01 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 A A2 AB AT B-1 B-1A B-2A B-2- B-4 B-5 8-6 BD F-11 HC Apartment House Dishkt I=h Limited Indrshial District Apartment House District 1 -2 Light industrial District Apartment House District I.3 Haim, Indrstrie{ District Professional Ogles District PUD Planned Unh De elopmeni Apailnrent -To UI6 District R -li. One Family Dwelling Distrlcl Neighborhood Business District P -18 IDne Family Dwelling District Neighborhood Business District R•1C One Family Natant; District Beyfront Business District R -2 Multiple Dwelling Niftier Barrier Island Business Dismal RA One Family Dweling District Business District RE Residential Estate Dismcr General Business Distnet R -TH Tnmhouse Dnblgng Dlstricl Primers' Business District SP 4+:tiai Permit Primary Business Coe District T -la Travel Trailer Perk District Corpus 2hrisa Beach Design Dist. T -18 Manufactured Hone Park Disiriti Farm Rurai District T -IC Manufactured Horne Subdrisinn Histalcal•Cufural LanOnark District Preservation Subject PropEry rrl:h Zoe' buffer QOvInars in favor 4 O!. oars whim 2CY7'fisfed ou NI Owners Z attached ownership ;able m opposition sIJBJECT PROPERTY COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0508 -01 Flint Hills Resources, LP Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 156 Returned undeliverable: 9 L Responses received from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 4 #HC21, Henry J. Williams, 2422 Summers, No comments #HC56, Romaldo Alvarez, 946 Lexington, "Hillcrest is no longer any good as a neighborhood for families. Too much crime and pollution. What a shame! I've been here since 1937!" #HC62, Rev. Lloyd Brown, 1604 Palm, No comments #HC90, Connie Jefferson, 1808 Palm, No comments M. 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BE LEFT IF OF GOOD HEALTH AND AN A DEDW.TE SIZE TEMPORARY LIGHTING WILL BE PROVIDED BT (4) GASOLINE POWERED LIGHT PLANTS, S1V1S AJVAIBd HUM rJNI3N1J )1N11 NIWN] .L SI :UNIT AIIVITOd4131 PARKING LOT CONSTRUCTION MATERIALS ARE COMPACTED GAUCHE BASE WITH 2' RECLAIMED ASPHALT OVERLAY 0 '1 -262- - 39 - ARTICLE 8. "A -1" APARTMENT HOUSE DISTRICT REGULATIONS Section 8 -1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "A -1" Apartment House District. This district provides for medium - density, multiple - family residence and is usable for construction of garden -type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. Section 8-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two- family dwellings other than manufactured homes. (Ordinance 22851, 02/18197) ( 3) Multiple - family dwellings. ( 4) Accessory buildings and uses. ( 5) A sign identifying all permitted uses, except for one and two- family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property is occupied by ten (10) or more multi - family units, one (1) ground or monument freestanding sign, which shall be set back at least ten (10) feet ufrrore feetpn party line be shall not exceed ten (10) feet in height or twenty (20) sq Y substituted in lieu of a wall sign. (b) Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi - family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. ( 6) Assisted living facility. (Ordinance 24566, 08/28/01) ( 7) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. 02/08 -263- A -1 �" 40- (b) For undeveloped properties containing not Tess than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter - sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. OnIy one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 8-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. Section 8-4 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 8-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 8-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 A -1 -264- 28 ARTICLE 6. "R -113" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 6-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1B" One - family Dwelling District. The purpose of this district is to provide for single- family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Section 6-2 Use Regulations. The use regulations are the same as those in the "R -1A" One- family Dwelling District. Section 6-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 6-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 6-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 6-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02108 -265- R 1B - 25 - ARTICLE 5. "R-1A" ONE- FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -266- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 -267- R -1A - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1A -268- - 47 ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family ar multiple- family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 6) ( 7) Any use permitted in the "R -1A" One- family Dwelling District. Two - family dwellings other than manufactured homes. Multiple - family dwellings. Boarding, rooming, and lodging houses. Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. Non -profit, religious, educational, and philanthropic institutions. Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. ( 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (1 3) of this section. (Ordinance 22851, 02118197) (c) ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair including teaching of art, conditions are met: (a) No building may display window; 02/08 stylist shop, studio for an artist, photographer, sculptor or musician music, dancing or other artistic instruction, provided the following be constructed or altered to produce a store front, show window or AB -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4117/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28101) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -270-- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self-service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales.within a building containing Tess than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. ( g) Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 -271- B-1 - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -IC ", "R -2 ", "A -I", "A -IA ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth an the rear of a lot adjoining an "R -1A ", "R -1B ", "R -IC ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 12-6 Supplementary height and area regulations are contained in Article 27. 02/08 S-1 -272- City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -273- •. - • i1 comprehensive plan shall include the following elements; (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at Least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -274- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday May 28, 2008 5 :30 P.M. COMIVIISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice - Chairman Atilano J. Huerta *Arrived at 5:36 pm John C. Tamez Johnny R. Martinez *Arrived at 5:36 pm Evon J. Kelly David Loeb Govind Nadkarni ABSENCES: James Skrobarczyk STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services) Special Services Faryce Goode- Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Sr. City Planner Robert Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang - Priestley, Recording Secretary I. CALL TO ORDER Chairman Stone declared a quorum was present and called the meeting to order at 5:34 p.m. HI. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. Tabled Zoning a. Case No. 0508 -01 Flint Hills Resources, L.P.: A change of zoning from a "R -1B" One - family Dwelling District and "A -1" Apartment House District to a "B -1" Neighborhood Business District resulting in a change of land use designation from vacant land use to a temporary parking lot Nueces Bay Heights, Block 22, Lots 1 -20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north and Noakes Street to the south Mr. Mic Raasch, Development Services, presented the above case which was tabled from the May 14, 2008, Planning Commission meeting stating the applicant, Flint Hills Resources, and the Northside Neighborhood Association held a meeting on May 19, 2008, to work out an acceptable agreement. Mr. Raasch stated the meeting resulted in two additional conditions, as well as an additional provision to condition #7 "Litter ". Condition #7 stated the applicant is required to maintain the site in a litter -free condition. A statement requiring the applicant to provide portable toilets and trash cans on the parking lot site, and to provide adequate daily trash pickup patrols was added to that condition. Mr. Raasch stated that new condition #11 "Traffic and Pedestrian Control" was added which stipulates that vehicle traffic shall enter and exit the temporary parking lot from Nueces Bay Boulevard only. The applicant willywide traffic control officers to keep traffic off side Planning Commission Minutes May 28, 2008 Page 2 streets and direct vehicular and pedestrian traffic during peak hours. No parking shall be permitted on Nueces Bay Boulevard, Noakes, Hulbirt, Minton, Koepke, Floral, or Moore Streets by contract employee's personal vehicles or staging of eighteen - wheelers. In addition, there shall be no temporary parking in the buffer areas of the lot. Pedestrian crosswalk will be provided at Koepke Street and Nueces Bay Boulevard. New condition #12 "Shift Changes" requires shift changes to occur at approximately 6:00 a.m. and 6:00 p.m. seven days a week for approximately 90 days was added. Staff recommends denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a temporary off-street parking lot subject to a site plan and the associated twelve (12) conditions. Public hearing was re- opened from the Planning Commission meeting of May 14, 2008. Mr. Gary Carriger, Flint Hills Resources, came forward availing himself to any questions. Mr. Carriger stated that Flint Hills Resources did meet with the neighborhood association and believes all concerns were addressed and worked out. Public hearing was closed. Motion for approval of staff recommendation was made by Vice - Chairman Garza and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. —276— Page 1 of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FLINT HILLS RESOURCES, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO NUECES BAY HEIGHTS, BLOCK 22, LOTS 1 THROUGH 20, FROM "R -1 B" ONE - FAMILY DWELLING DISTRICT AND "A -1" APARTMENT HOUSE DISTRICT TO "R- 1B /SP" ONE- FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT (LOTS 4 -17) AND "A- 1/SP" APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT (LOTS 1 -3, 18 -20) TO ALLOW ONE (1) YEAR TEMPORARY OFF - STREET PARKING LOT ASSOCIATED WITH THE REFINERY LOCATED ON THE WEST SIDE OF NUECES BAY BOULEVARD AND CONTAINING NO MORE THAN 400 PARKING SPACES, SUBJECT TO A SITE PLAN AND TWELVE (12) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Flint Hills Resources, L.P., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 28, 2008, during a meeting of the Planning Commission, and on Tuesday, July 8, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Nueces Bay Heights, Block 22, Lots 1 through 20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north and Noakes Street to the south, from "R -1 B" One - Family Dwelling District and "A -1" Apartment House District to "R-1B/SP" One - Family Dwelling District with a Special Permit (Lots 4 -17) and "A -1 /SP" Apartment House District with a Special Permit (Lots 1 -3, 18 -20) to allow one (1) year temporary off - street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces, subject to a site plan, attached, and twelve (12) conditions. (Zoning Map 047045) H: 1iEG- DIRlSharedUay1Agenda12DQ817- 810RD- zoning0508Ar rryils- Hilicrest- special permit.doc Page 2 of 5 SECTION 2, That the Special Permit granted in Section 1 of this ordinance is subject to the following twelve (12) conditions: 1. USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R -1 B" One - family Dwelling District and an "A -1" Apartment House District is a one(1) year temporary off - street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces. 2. SCREENING: Temporary screening fence constructed with chain Zink and slats with a height of not less than six (6) feet must be installed and maintained by the applicant: a) along a line parallel to and not less than 50 feet west of the Floral Street right -of -way line, b) along a line parallel to and not less than 20 feet east of the Nueces Bay Boulevard right -of -way line, and c) along a line parallel to and not less than five (5) feet north and south of the rights -of -way line of Noakes and Hulbirt Street, respectively, adjacent to and west of the fence required in Items (a) and (b) above. No barbed wire, razor wire or similar product is permitted on the screening fence. 3, LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50 -foot wide landscape buffer will be maintained on the east end of the subject property along the Floral Street right -of -way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) a minimum 20 -foot wide landscape buffer will be maintained on the west end of the subject property along the Nueces Bay Boulevard right -of -way. All healthy trees of 12 -inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, c) a minimum five (5) foot wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) existing healthy trees of a minimum 12 -inch caliper located in the interior of the proposed parking lot and not in the aisles must be identified on the site plan and preserved. The ground area around the trees to be preserved must not be disturbed by excavation or filling of base or paving material within a distance of ten (10) feet from the tree trunk. 4. DRAINAGE: Filter fabric is required to be installed and maintained on the fenced perimeter of the entire site except for the entrance, the exit and the pedestrian H: 1LEG- OlR1SharedUaylAgenda1200817- 81ORD- zoning01021'l lintHills- Hillcrest- special permit.doc Page 3 of 5 gate. Filter fabric is also required around the perimeter of the temporary stockpile of topsoil removed from the subject site. This stockpile of topsoil is to be located on Block 23 to the north. All filter fabric is to remain in place until the fencing is removed at the conclusion of the project. The applicant will implement and maintain all storm water compliance requirements as a part of the applicant's Texas Pollution Discharge Elimination System permit. 5. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the residential neighborhood to the east and adjacent public rights -of -way. Portable gasoline or diesel powered light plants or similar self contained power generating motors are prohibited. Electricity is to be provided by conventional electrical lines and poles to the site to provide security lighting. 6. LITTER: The applicant is required to maintain the site in a litter -free condition throughout the duration of the Special Permit. In addition, the applicant is required to provide portable toilets and trash cans on the parking lot site, and provide adequate daily trash pickup patrols. 7. FIRE PROTECTION: The fire hydrant nearest the subject site which is located o the northwest corner of Floral Street and Hulbirt Street must be provided fire hose access through the screening fence and filter fabric acceptable to the Fire Department. 8. SIGNAGE: Except for directional and public information signage related to the temporary parking lot and the refinery shutdown, no other signage is permitted. 9. PARKING LOT CONSTRUCTION: Materials shall be six (6) inches compacted caliche base with two (2) inches of reclaimed asphalt overlay. 10. TRAFFIC AND PEDESTRIAN CONTROL: Vehicle traffic shall enter and exit from Nueces Bay Boulevard only. The applicant will provide traffic control officers to keep traffic off side streets and direct vehicular and pedestrian traffic during peak hours. No parking shall be permitted on Nueces Bay Boulevard, Noakes, Hulbirt, Minton, Koepke, Floral, or Moore Streets by contract employee's personal vehicles or staging of eighteen - wheelers. In addition, there shall be no temporary parking in the buffer areas of the lot. Pedestrian crosswalk will be provided at Koepke Street and Nueces Bay Boulevard. 11. SHIFT CHANGES: Shift changes will occur at approximately 6:00 am and 6:00 pm, seven days a week, for approximately 90 days (September 1 — November 30, 2008). 12. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which existed prior to the approval of the Special Permit and the applicant must H:1LEG- DlR1SharedLlapAgenda1200 817- 81ORD- zoning050842�1l�tHiils Hillcrest specie! permit.doc Page 4of5 reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of July, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: June 30, 2008 R. Ja(eini Assistant City Attorney For City Attorney H:1 LEG- DIRISha red lJ ayL 4gendah200817- 81ORD- zoning050in jintHills- Hillcrest- special pemtit.doc Page 5 of 5 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: 1LEG- DIR1SharedlJaylAgenda1200817- 81ORD- zoning050 8:l32IBirltkiills- Hillcrest- special permiidoc 1-wt. DER T S T. La. at- I•4i 41.I r TIT' I rclE ��-- f! 1` [ r F V • ffHHI1F H #1 i o ii1111-ii iiii•111! Hull Lice al 11 C.1 1 _ ` III co rdna7a ni S'_381 +1l:11Six3 e it ad 3i 111M1 $3AQe ]IRYd 3d HLLI %111■i91t x34a3AD 't SIvIS A3:ARId 'LOA 'JNI713: *in x1MF13 .11-.9 Si pal AViled'+131 4.4 ` {f ■ y vai i ki NOAKES Sr. oig - r• N mica N • 6.91argi; tettNIEkil 40,45 ,rr.etkigt" en igtOR '. 1 • - Is x .J. Hw 7 IM 1.! S{ :a;,6. • STAFF lw.olosteaDED M1 SITE PEA At o5o8• a! a • h Oilirrillimb- sountiiiiiikftltalint...dill 01 II 0 sago izisielliaraussz in II ■ ■aost�, i ii " wi lis m r NOM l#INim�[■ ■■■m% olio • a CZ, EXISTING LAND USE 1? : . ...... __. .‘ : .......... I. 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LITTER: The applicant is required to maintain the site in a litter -free condition throughout the duration of the Special Permit. In addition, the applicant is required to provide portable toilets and trash cans on the parking lot site, and provide adequate daily trash pickup patrols. 7. FIRE PROTECTION: The fire hydrant nearest the subject site which is located on the northwest corner of Floral Street and Hulbirt Street must be provided fire hose access through the screening fence and filter fabric acceptable to the Fire Department. 8. SIGNAGE: Except for directional and public information signage related to the temporary parking lot and the refinery shutdown, no other signage is permitted. N N N a--' V N �ccccccc � - 4-) (p N ' O (n aO N L N (o _c ca c (0 no +-) `~ ' — cn O .c •a c c N+ = O N N • N ..... 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MAIVIVIN 0 Materials shall be 6" compacted caliche base 0 � > 0 re 4-) �- Z(9- ro V-� Q) EIE Q V Z YN DG_c a� TRAFFIC AND PEDESTRIAN CONTROL: Vehicle traffic shall enter and exit ro V cu cu Q) • cu To (n 0 LL cu • N 11 • • • • • • • • N • • 1,n 0 O Q) -O LA 1/4.6 IDE ' 4-) CO 0 0 Q) �+ E .z >�, cn�u, L i_ 4-'o_mmi c) = QO% > L V' 0� 0 6QQ Op Cr34_, te--+ m ate--+ E -1=J Q N V cu L E 24E; Q)`,5OL'-6 0� L a a--+ X � l_ I- s- — .- O • �OQ4_,QCc 4- ,Qcco(0'0 0 -�i Q) co c0 0 a_' Q) CL `-."()Q).- E0-_ O =_Qa-- +L(/)(00 0 ,c 0 io — a--i Q m L Q) .O r0 Q) (/) E m o -c m .V L L —a:m - -+0000 x i 1 .IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIII ,.......iiiiir•-!' • • , im . ir .11. 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: July 8, 2008) Case No. 0508 -04, The City of Corpus Christi: A change of zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District on property described as being a 3.24 acre tract of land out of Lots 6 through 10, Block 9, Rodd Village, located south of Yorktown Boulevard and west of the future extension of Rodd Field Road. Planning Commission & Staff's Recommendation (May 28, 2008): Approval of the "I -2" Light Industrial District. Requested Council Action: Approval of the "I -2" Light Industrial District. Summary: • Request: The City of Corpus Christi is requesting a change of zoning on 3.24 acres from "F -R" Farm -Rural District to a "I -2" Light Industrial District to incorporate the subject property into the Rodd Field Public Improvement District, per a prior agreement between the property owner and the City. This agreement to sponsor the rezoning will accomplish the objective of the Comprehensive Plan in that all of the Rodd Field Improvement District will be zoned industrial. The subject property is proposed to be developed as a high quality industrial development, with development controls instituted by deed restricting the property. • "I -2" Light Industrial District has been requested for the 3.24 acres. The district does not require setbacks when adjacent to other commercial or industrial zones. The "I -2" District does not permit residential uses. • The Rodd Field Public Improvement District (PID) was created in 1989. • A Public Improvement District (PID) is allowed under the Texas Local Government Code Section 327 and authorizes improvements that confer a special benefit on a definable part of the municipality. These benefits may include: landscaping, sidewalks, streets, roads or other rights - of -way, art projects, mass transportation facilities, water, wastewater, drainage or other facilities, and parks. The creation of a public improvement district must be originated and approved by at least 50% of the owners within the PID, as they will be assessed the cost of the improvements over a specified period of time. • Utilities: The subject property has water and wastewater service available. • Drainage: Drainage in the area is considered adequate. Additional improvements are addressed in the Rodd Field Public Infrastructure Improvement Plan. • Transportation/Traffic Impact Study: The subject property is located south of Yorktown Boulevard and west of the future extension of Rodd Field Road. Rodd Field Road is designated as an arterial in the Urban Transportation Plan. The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty -285- Agenda Memorandum Case No. 0508 -04 (City of Corpus Christi) Paget seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service "A" being the .best and descending to Level of Service "F ", as traffic conditions deteriorate. The latest traffic count information is not available as Rodd Field Road is not constructed in this area. Rodd Field Road is planned as an arterial with a wider than normal cross section. An increase in traffic flow is expected on Rodd Field Road as the proposed residential development, known as Rancho Vista, completes construction. The development is proposed to add an additional 1,000 plus single family residential homes to the area. • Infrastructure Demand: In comparison, if the subject properties were developed as light industrial uses, the impact to the infrastructure system would be minimal. • Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a light industrial development is 154 gpolunit for 1,000 sf of gross building area. The demand on wastewater for a commercial development is 138 gpd/unit for 1,000 sf of gross building. The city has recently acquired property and built a sanitary sewer lift station to address waste water demands in the area. In addition, as part of the Rodd Field Public Improvement District, improved streets, installation of water and wastewater lines, sidewalks, and other infrastructure are proposed. The construction plans have been awarded and construction is expected to be completed within 12 months. • Public Safety: • Police: At the time of the 1980 annexation of this overall area, analysis indicated that a minimum of 5 additional police officers would be needed for a 24 -hour period. At this time, the 5 additional police officers have not been funded. Continued growth in this area makes further demands on the existing police force as well as traffic enforcement issues. • Fire: A new Fire Station is proposed to the north of the subject property, less than 1/2 mile outside of the Rodd Field Public Improvement boundary line. Construction of the fire station is expected to be complete within 12 months. • Potential Nuisances: There are several potential nuisances of noise, lighting, pest/vector control, and Iitter with the development of an industrial park adjacent to existing and future low density residential. Noise will be generated from the unloading and loading of trucks, trash compactors, and mechanical equipment. These nuisances may be mitigated through the use of a sound barrier wall. Security lighting for the parking area and loading/unloading zones is another potential nuisance when lighting is directed toward adjacent properties. Limiting the height of light poles in the parking area and loading/unloading zones and requiring cutoff shields will prevent light trespassing to adjacent properties. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as industrial development. The subject property is located in the Southside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will not amend the Comprehensive Plan. Several policy statements are available in the Southside Area Development Plan as well as in the Corpus Christi Policy Statements, an Element of the -286- Agenda Memorandum Case No. 0508 -04 (City of Corpus Christi) Page 3 Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: Comprehensive Plan - Policy Statements Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition; the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan, and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The Southside Area Development Plan supports industrial uses for the subject property. A change to "Light Industrial" uses would be consistent with the Comprehensive Plan. Notification: Of the twenty -nine (29) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. i/ Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (May 28, 2008) 3) Ordinance H:IPLN- DIRISHAREDIBever1y12008 CCIMay '0810508- 01AGENDAMEMO.doa —287— CITY COUNCIL ZONING REPORT Case No.: 0508 -04 City Council Hearing Date: July 8, 2008 Applicant: The City of Corpus Christi Owner: Salazar Investments, Inc. Representative: Michael N. Gunning, AICP Address: None (Rodd Field Public Improvement District) Legal Description/Location: Being 3.24 acres out of Rodd Village, Block 9, Lots 6 through 10, located south of Yorktown Boulevard and west of Rodd Field Road and along Siberian Street. Zoning Request From: To: Area: "F -R" Farm -Rural District "I -2" Light Industrial District 3.24 acres Purpose of Request: To meet the intent of the Rodd Field Public Improvement District by rezoning the subject property consistent with the current "I -2" District, within the subsequent redrawing of the district boundary. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -R" Farm -Rural and "I -2" Light Industrial District Vacant Industrial and Commercial North South "I -2" Light Industrial District "F -R" Farm Rural Light Industrial Light Industrial Vacant/ Public Park Vacant/Public Park Commercial East "R -1B" One - Family Dwelling District Vacant Low - density Residential West "F -R" Farm -Rural Public /Semi - public (park), and Light Industrial Commercial Public /Semi - Public/Light Industrial, Low - density Residential, and Commercial -288- Area Development Plan: Southside: The Comprehensive Plan supports industrial zoning and commercial uses for the property. This change is consistent with the Comprehensive Plan Map # 043029, 043030 Zoning Violations: None Summary: • Request: The City of Corpus Christi is requesting a change of zoning on 3.24 acres from "F -R" Farm -Rural to "I -2" Light Industrial District to incorporate the subject property into the Rodd Field Public Improvement District, per a prior agreement between the property owner and the City. This agreement to sponsor the rezoning will accomplish the objective of the Comprehensive Plan in that all of the Rodd Field improvement District will be zoned industrial. The subject property is proposed to be developed as a high quality industrial development, with development controls instituted by deed restricting the property. The "I -2" Light Industrial District has been requested for the 3.24 acres. The district does not require setbacks when adjacent to other commercial or industrial zones. The "I -2" District does not permit residential uses. The Rodd Field Public Improvement District (PID) was created in 1989. • A Public Improvement District (PID) is allowed under the Texas Local Government Code Section 327 and authorizes improvements that confer a special benefit on a definable part of the municipality. These benefits may include: landscaping, sidewalks, streets, roads or other rights -of -way, art projects, mass transportation facilities, water, wastewater, drainage or other facilities, and parks. The creation of a public improvement district must be originated and approved by at least 50% of the owners within the PID, as they will be assessed the cost of the improvements over a specified period of time. • Utilities: The subject property has water and wastewater service available. • Drainage: Drainage in the area is considered adequate. Additional improvements are addressed in the Rodd Field Public Infrastructure Improvement Plan. • Transportation/Traffic Impact Study: The subject property is located south of Yorktown Boulevard and west of the future extension of Rodd Field Road. Rodd Field Road is designated as an arterial in the Urban Transportation Plan. The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty -five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service "A" being the best and descending to Level of Service "F ", as traffic conditions deteriorate. The latest traffic count information is not available as Rodd Field -289- Zoning Report Case No. (City of Corpus Christi, Rodd Field Public Improvement District) Page 3 Road is not constructed in this area. Rodd Field Road is planned as an arterial with a wider than normal cross section. An increase in traffic flow is expected on Rodd Field Road as the proposed residential development, known as Rancho Vista, completes construction. The development is proposed to add an additional 1,000 plus single family residential homes to the area. • Infrastructure Demand: In comparison, if the subject properties were developed as light industrial uses, the impact to the infrastructure system would be minimal. • Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a light industrial development is 154 gpd/unit for 1,000 sf of gross building area. The demand on wastewater for a commercial development is 138 gpd/unit for 1,000 sf of gross building. The city has recently acquired property and built a sanitary sewer lift station to address waste water demands in the area. In addition, as part of the Rodd Field Public Improvement District, improved streets, installation of water and wastewater lines, sidewalks, and other infrastructure are proposed. The construction plans have been awarded and construction is expected to be completed within 12 months. • Public Safety: • Police: At the time of the 1980 annexation of this overall area, analysis indicated that a minimum of 5 additional police officers would be needed for a 24 -hour period. At this time, the 5 additional police officers have not been funded. Continued growth in this area makes further demands on the existing police force as well as traffic enforcement issues. • Fire: A new Fire Station is proposed to the north of the subject property, less than 1/2 mile outside of the Rodd Field Public Improvement boundary line. Construction of the fire station is expected to be complete within 12 months. • Potential Nuisances: There are several potential nuisances of noise, lighting, pest/vector control, and litter with the development of an industrial park adjacent to existing and future low density residential. Noise will be generated from the unloading and loading of trucks, trash compactors, and mechanical equipment. These nuisances may be mitigated through the use of a sound barrier wall. Security lighting for the parking area and loading/unloading zones is another potential nuisance when lighting is directed toward adjacent properties. Limiting the height of light poles in the parking area and loading/unloading zones and requiring cutoff shields will prevent light trespassing to adjacent properties. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as industrial development. The subject property is located in the Southside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will not amend the Comprehensive Plan. Several policy statements are available in the Southside Area Development Plan as well as in the Corpus Christi Policy Statements, an Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: -290- Zoning Report Case No. (City of Corpus Christi, Rodd Field Public Improvement District) Page 4 Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan, and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The Southside Area Development Plan supports industrial uses for the subject property. A change to "Light Industrial" uses would be consistent with the Comprehensive Plan. Street R.O.W. Street Yorktown Blvd. Rodd Field Road Existing Type Arterial — RA 1 Arterial — RAI Planned Type Primary Arterial - A3 Primary Arterial - A3 *Source: City Traffic Engineering Division Plat Status: The subject property is platted. Pro'ect Timeline: Rodd Field Public Improvement District approved by the property owners and Council Existing Paved Section 125' ROW 44' Pavement 125' ROW 44' Pavement *Volume (2007) 51.8 a.d.t 51.8 a.d.t by Resolution No. 024261. Feasibility Report Established. Council Approves District by Ordinance No. 025496. Power of Attorney signed over to the city by 90% of the property owners. Boundary change approved by Council. Rodd Filed Public Improvement District plat recorded. Assessments to property owners approved. Site for lift station to serve the area acquired. Construction plans out to bid. Construction commenced. Expected completion dates. —291— 2000 2003 2003 2005 2005 January 2007 2007 2007 2007 March 2008 December 2008 Zoning Report Case No. (City of Corpus Christi, Rodd Field Public Improvement District) Page 5 Department Comments: The City of Corpus Christi annexed an area of land that was originally designed to meet its own infrastructure demands as a military installation built in the early 1940's. As that area grew, it transitioned into an industrial area with many of the uses classified as legal non- conforming when the area was annexed in the early 1980's. The creation of the Rodd Field Public Improvement District in 1989 gave the City and the property owners an opportunity to bring substandard infrastructure and development into compliance with recent codes. In order to accomplish this, a majority of property owners agreed to an assessment of improvement costs to their property. The boundary line to the original district was amended by Council action in 2004 to allow for a lift station and road improvement to better serve the surrounding area. This boundary move caused a portion of the district to have two incompatible zoning classifications. This request for a change of zoning will rectify the zoning incompatibility. Planning Commission's and Staff's Recommendation: Approval of the "1 -2" Light Industrial District to meet the intent of the Rodd Field Public Improvement District and boundary relocation. E Number of Notices Mailed — 0 within 200 foot notification area 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (Outside notification area) (As of June 17, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Site — Subject Case Map 6. Site - Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. Applicant's Site Plan 10. District Uses 11. City Charter — Article V- Planning H:1PLN- D[R18HAREDIBeverly12008 PC12008 Zoning Report\May1CC10508 -04 City of CC (Salazar - Owner).doc —292— Refer to Map 2 for Neighborhood Existing Land Use. Also available at www. =texas. com 544/2608 Prepared By ° .RR %apartment of Deveropmenr Servl�ces4 CASE # 0508 -04 2. NEIGHBORHOOD - EXISTING LAND USE m LDR Estate Residential. - ER Low Density Residential. - LDR Med Density Residential. - MDR - High Density Residential. - HDR - Mobile Home - MH Vacant • VAC Professional Office PO - Commercial - COM Light Industrial - LI Heavy industrial - Hi - Public Semi - Public - PSP rte' I. - •q4. ' ,.,. iE FM.7 - ) ..k sY �• N 'LOCATION MAPJ WREEK SUBJECT PROPERTY I City of Corpus Christi zrf: 1177..R, risf :.l f•.IL LDR &Y '3iXa J Prepared By: SRR peparlmI 11 44Develgp , . Services tR Agricultural /Rural - Ai? ® Tourist- TOR m Estate Residential • ER ® Research /Business Park - REP LAR Low Density Res. • LDR Light Industrial - LI Es Med Density Res. • MDR Heavy industrial • Hi ® High Density Res. • HDR ® Public Semi - Public - PSP ® Mobile Home - MH M Park Vacant - VAC RZI Drainage Corridor - DC Professional Office - PO ON Dredge Placement • DP Commerciai • COM =I Water Conservation/Preservation - CP Transportation Plan exisring Proposed -- Arterials --- Collectors ammo Expressways mem IMO Parkway +-++1+ Railroad N MAN - , gl DOBERa iraggsginiamp Sil V2001 Prepared By: SRR / Department of Development Services CASE # 0508-04 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural • AR 11.111 Tourist - TOR Estate Residential - ER .111 Research/Business Park - RBP WR Low Density Res. - LDR Light Industrial- LI Egg Med Density Res. - MDR Heavy Industrial - Hi 1.1 High Density Res. - HOR Public Semi-Public - PSP MI Mobile Home • MH MI Park Vacant - VAC Drainage Corridor -DC Professional Office - PO E22 Dredge Placement - DP Commercial - COM r---1 Water Conservation/Preservation - CP Transportation Plan Existing Proposed - Arterials - Collectors ••-••-. am** Expressways maszi 600 Parkway -1441-4- Railroad Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com F -R 0 100 200 A -I A -1A 4•. AB AT 131 &14 g -, B -2A B-3 8 -d B-5 Bn 81) F -R HC 6%f 4/2008 Prepared By: SRR Depamdent of DevefoprlrenrSerlifces CASE # 0508 -04 5. SUBJECT CASE Apartment House District Apartment House District Apartment House District Prolessian/it °lace Di Saint Apartment-Tourist District Neighborhood Business District Hatghttrrhood Business Dinri:.t Bayfronm Business District Banter Island Business QISUkT Business Di!Mct Gemara! Business District Primary Bdainess District Primary Business Cole DIStncl Corpus Christi Beach Design Dist, Farm Rural District Historical - Cultural LandmelF Pretar.auon I.1 Limeed Industrial District I-? Light Industrial District I- Heavy Indlstltel Di Snicl PUD Planned Unit De`+elopment R -1A One Family Dwelling District R -S One Family Dwelling District R -14 One Family (veiling Olshict R- I JIUpls Dwelling District RA One Family Dwelling District RE Rasitlendal Estate District R -TH Townhouse Dwelling District SP Spetiai Permit T- IA Travel Trader Park District T -iB Manufactured Hone Park Dismcl T -1D Manufactured Hone 9lschision District SUBJECTI PROPERTY „3 F - R 0 100 Z Test S14120O8 Prepared Sy: SRR Deparrmenr ofDevelopmenr Services CASE# 6. SITE_EXIS NOTICE SAaR1EA A-1 Apartment A.-1A AParlment House District A-'_ apartment House District AB Professional Nees District AT Apartment- Tourist District B-1 HNgitbarhood Business District B-IA Heighbarhacd Business District B-2 Dayton! Business District B-2A Barrier Island Business District B-3 Business District B-4 General Business District BB-3 Primary Business District B-6 Primary Business Care District BD Carpus Christi Beach Design Dis F -R Farm Rural District HC HistaricaICu lWal Landmark Preserrahat L1 0508 -04 TING ZONING, & OWNERSHIP "- 1•i Limited Industrial District I-_ Light ktdustrial District Heavy Industrial District Planned Unit Develcpment One Family Meiling District One Family Dwelling District One Family Dwelktg District Multiple Dwelling Dislrict One Family (Meiling District Residunllal Estate District Townhouse Dwelling District Special Prank Travel Trailer Park District Manufactured Hame Park District Manufactured Hare Subdivision District 1.3 PUD R -1A R -LB R -1C R -2 RA RE R-TH SP 7 -iA t. 7 -1B T -1C Subject Propel}` Omens wLth 200' buffer in favcr 4 arrays wdhrn 200'fisred on ly/ Owners attached ownership table A in opposition 1 j 0 "CREEL erJ COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:0508 -04 City of Corpus Christi Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 29 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H:1PLN- DIRISHARED\Beverly12008 PC12008 Public Comments10508- 04.doc —307— N T_ 40 I� 0 M mm V yNN AA pW N P0+Ompm-1 pmopA ymww-L o mm V mmA W N-4m w w 0 m && m m g m m m m g 5 w w w V V y Y V y a a W m m m m ° I @� V J � 1 r z INIIpIIII!w!!! $1(SS3�� WW11wmg8 0. a 0 0 0 0 0 0 0 0 0 0N (011 (0�1 0�1 o N 0 O aN O o o V N N(�1 ° 33 °n ow B byvmlg�,7,MT a�ME2888n-1I 3�-3 D �a �p'� c�,2 a9 C(� Omrrr {2�i m 3.1111.11,3 R u >17- bm<x��m< H 9 a<rnm0a O m a w m c�i n mP77C( mp mz z n7c� rt 44[4 °� pN0 amG1n AA.o�AZTU2W, n �n g 3g1 1 I3 1112 a 2igOODOp000-5 m00 pg �� m�7om o 0 az i 3_vov { gi tita t4i r" -CT� 1W,C- 9iii=xiiim'"OV1oN 1( n a c m 2 2r;'V -Z Z'�zzzx Y g i� s m oz z On n4-Ommm1 N a 4- o z 2 0222 -1 - E v z azzz- n 0 zzzz moo ig ;ZOli �msm 04Gi�S��£tCAa000 gz3o g .s8-,. 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A N ] 0 0° 8 V W mNV Aa00W 01301 8mmm O0L WN ateeeeeeeeeeeeeeleateeeeeeeeee g° Y' Wwmmm W Ql 0 g000°[yQpm 3 pp ,3ppp m 8 0 A i g g A a p d i g A S 2 S A V A A A A A S A A z 0 M N N N N N N N 0 V 0023 W N-1Om0 -40NA W N-.Omm V 0023 W N -&0 •aa -fin N 476.25 L(�Dxsl %Imo: I.o� jo sp a o Pon '9 1 ill O3 Val AVM IKON 3OIM a 8 -309- Ci ci cc trl 41. V4u 4. Lu Lt) zoocia_ m�.C)�o - 19- ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm -Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses. (11) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non- illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right -of -way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/98 F -R -310- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01) Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off-street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 4A -6 Supplementary height and area regulations are contained in Article 27. 02108 -311- F -R - 95- ARTICLE 20. "I -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off - street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B -5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 2285 I, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone, and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 1-2 -312- 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -313- I -2 - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and PaperProducts Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right- of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1-2 -314- - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20 -3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the r promotion a No. public health and safety. (1) The storage of explosives used for perforating or fracturing (fracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20.6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R- I B ", "R -2 ", "A -1 ", "A-1A", or "A -2" residential district. Z0.6.02 There shall be a rear yard not Less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20-6.03 Whenever any building in the "I -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "I -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard Lines abutting a residential district. 02/08 -315- 1 -2 - 99- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -316- - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off - street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "3-4" General Business District except one - family or two - family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. (3) Greenhouse or conservatory, commercial. (4) Drug or pharmaceutical products manufacture. (5) Laboratories, research and experimental. (6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN - - REGULATIONS, - PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right-of-way for a distance of not more than twenty -four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04117106) (9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off - street parking is not required. (Ordinance 25390, 07115103) Section 17-4 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02108 -317- B -5 - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-IA", "R -1B", "R -1C" "R -2", "A -1", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -13 ", "R -1C" "R -2 ", "A -1", "A -1A ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -318- 85 ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -4" General Business District The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B -1" Neighborhood Business District. (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) (5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 -319- B-4 - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -IC" "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851,02118197) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 -320- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "3-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. ( 5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self-service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales .within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: (8) 02/08 -321- B-1 - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B", "R -1C ", "R -2 ", "A -1 ", "A -1A", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A", "R -1B ", "R -1C ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple- family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 8) Any use permitted in the "R -1A" One - family Dwelling District. Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) Multiple- family dwellings. Boarding, rooming, and lodging houses. Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. Non - profit, religious, educational, and philanthropic institutions. Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (h) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: No building may be constructed or altered to produce a store front, show window or display window; (a) 02/08 -323- AB - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no . machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -324- AB - 25 - ARTICLE 5. "R -1A" ONE- FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single- family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single- family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11, Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02108 -325- R -IA -26- ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (l1) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03103104) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9111101) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 R -1 A -326- - 27 Section 5 -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R-IA" District all Tots in platted subdivisions may comply with the lot area and yard requirements of the "R -13" District as minimum requirements. Section 5 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -327- R -1A City Charter — Article V ARTICLE V. PLANNING Sec. 1.. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -328- comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -329- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday May 28, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice - Chairman Atilano J. Huerta *Arrived at 5:36 pm John C. Tamez Johnny R. Martinez *Arrived at 5:36 pm Evan J. Kelly David Loeb Govind Nadkarni ABSENCES: James Skrobarczyk I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Sr. City Planner Robert Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang - Priestley, Recording Secretary Chairman Stone declared a quorum was present and called the meeting to order at 5:34 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 2. New Zoning a. Case No. 0508 -04 The City of Corpus Christi: A change of zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District resulting in a change of land use designation from agricultural to industrial Being 3.24 acres out of Rodd Village, Block 9, Lots 6 through 10, located south of Yorktown Boulevard and west of Rodd Field Road and along Siberian Street. Ms. Carrillo - Arispe presented the above case stating this item is sponsored by the City of Corpus Christi requesting a change of zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District. Ms. Carrillo - Arispe stated the subject property is also known as the Rodd Field Public Improvement District. Ms. Carrillo - Arispe stated the purpose of the rezoning is to meet the intent of the Rodd Field Public Improvement District. Ms. Carrillo - Arispe advised a public improvement district is authorized in the local government code whereby a municipality and the property owners of an area that is under - served by infra - structure are allowed by more than 50% of the property owners to install infrastructure and assess themselves for the cost of those improvements. The improvements can range from infrastructure, sidewalks, hydrants, and much more. Ms. Carrillo - Arispe stated once the district was approved by the property owners the district boundary line was changed to accommodate some street improvements as well as a lift station which is located at the latter end of Schauzer. When the district boundary changed, the City added additional property, which restitridin splitting this property owner's property into "F- Planning Commission Minutes May 28, 2008 Page 2 R" and "1 -2 ". Therefore, the purpose of this request is to not only match the boundary change but to also rectify the zoning incompatibility. Ms. Carrillo - Arispe stated the area was originally designed as a military installation and had its own infrastructure demands met within that installation. As it grew, it transitioned into an industrial area and when it was annexed in the early 1980's many of the industrial uses were classified as legal non- conforming. The creation of the district in 2000 gave the property owners the opportunity to bring the substandard infrastructure and development into compliance. Ms. Carrillo -Arispe reiterated that in order to accomplish this, a majority of the property owners agreed to an assessment of improvement costs of about $780,000 spread among the 85 property owners within that district. Ms. Carrillo - Arispe stated the boundary line to the original district was amended by Council action in 2004 to allow for a lift station and road improvement to better serve the surrounding area. This boundary move caused a portion of the district to have two incompatible zoning classifications. This request for a change of zoning will rectify the zoning incompatibility. Ms. Carrillo - Arispe stated that the original $780,000 figure was 2002 -2003 numbers and in a good faith effort, the City has assured the property owners that the original figure is what will be assessed with the City picking up the remainder of the tab. Ms. Carrillo - Arispe stated that not every street in the area will be paved because many streets were privately owned and now dedicated for future use or as easements. Construction is anticipated to be complete in the early 2009 time frame. Ms. Carrillo - Arispe stated the Future Land Use map shows the area to be industrial as well as commercial. Ms. Carrillo - Arispe stated that of the 29 notices mailed zero were returned in opposition and zero were returned in favor of. Staff recommends approval of the "I -2" Light Industrial District to meet the intent of the Rodd Field Public Improvement District and boundary relocation. Public hearing was opened. Mr. Michael Gunning, 738 Crestview, came forward representing the applicant. Mr. Gunning stated that Mr. Salazar and Mr. Martinez, owners of the property, will be coming before the Planning Commission again on June 11, 2008, for rezoning of the abutting property. In response to Commissioner Huerta, Mr. Gunning stated the owners have no definitive plan for the property to the south, but is looking at zoning the remaining property as light industrial or commercial and will be some years down the road, to serve the Rancho Vista development to the east of Rodd Field Road. Public hearing was closed. Motion to approve was made by Commissioner Martinez and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Skrobarczyk being absent. -331- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.24 ACRE TRACT OF LAND OUT OF RODD VILLAGE, BLOCK 9, LOTS 6 THROUGH 10, FROM "F -R" FARM - RURAL DISTRICT TO "1 -2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The City of Corpus Christi, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 28, 2008, during a meeting of the Planning Commission, and on Tuesday, July 8, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 3.24 acre tract of land out of Rodd Village, Block 9, Lots 6 through 10, located south of Yorktown Boulevard and west of the future extension of Rodd Field Road and along Siberian Street, from "F -R" Farm -Rural District to "1 -2" Light Industrial District. (Zoning Map 043029 and 043030) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:1 LEG -DI R\ Shared\JaylAgenda120D817 -810 RD -zon ingo5D8- Q4giYy -Rodd Villagel -2.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of July, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: June 30, 2008 R. - Re)fiing First Assistant C. Attorney For City Attorn y HALEG- DIRlSharedUay1Agenda1200817- 81oRD- zoning0508 -04Sjr f oddVillagel -2.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon, ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HALEG -DI RlsharedUayVkgenda1200 617- MORa- zoning0508- ygi4- RoddVillagel -2.doc e:ARrres ARE MTh REFERENCE 1 TO 714E COMMUNE OF MOO POINT OF ROOD VILLAGE F1ELD ROM AS SH01141 ON PAT BEGINNING of ROOD VILLAGE - VOL 68. VOL_ 66, PGS. 85 — 93 PC. 91. v..R.N.C.T. M.R.N_C.T. 1 . . A 2 '....N111111111%1: a . t d a l 10 (g) 2 � L - - --- -- • - -- -- / // v �; 1 ' ` r — NUZ — —STS , AV). 4/1/ T 711 76... lic.1:1 t- e , . . f .. / a 529.43 407., //I Se 413 0 14coriVi F*41: - citi, . • .'" 'ire/ v't %; ' - 417*, • Aititv / — MAP TO ACCOMPANY FIELD NOTE: 260 0 Scala i" 'Fest REVISED 05 -06 -08 TO ADJUST BOUNDARY ROOD VILLAGE AN CITY of CORPUS CHRISTI, TEXAS II' ,# Deportment of Engineering Services . WING A TRACT OF LAND CONTAINING 324 ACRES � Survey pI;,,1 36�- 826 -35Q0 (741.247 5Q FT) OUT OF LG13 6 THROUGH 10, AND LOT 12, BLOCK 9, AS SHOWN ON PLAT OF ROOD Darter. 05 -05-08 rSOuMO PAWL= sip 1411.AGE1 1 VJLL4GE RECORDED IN VOLUME 66, PAGES 85 — 93 Drawn Or Ft. OCHS JICOOVIIIISE-REV.DIVO OF THE MAP RECORDS OF NUEGEj TX. er- CO.. 0 saoar - 9J1913 - PROREMY iMPOSOievr SPita7 r of t 496.25 (OM 'Avon uM N to gums)! ,iaa 'SR .ad loge 1ik IN113BV3 Alflllfl ONV 30YNIV 4 °YON LL O Z Z MN1100 1l01 AYM-1O J.KO b 30M,09 ZZ Z5w LL W EKE / A l Y.'06,2006 15:50 CITY OF Cg1PUS CHRISTI 3618263230 RODD VILLAGE (REVISED 05/06/08) STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 3.24 Acres (141,247 Sq. Ft.) of land out of Lacs 6 through 10, Block 9; as shown on plat of Rodd Village recorded In Volume 66, Pages 85 - 93 of the Map Records of Nueces County, Texas. This 3.24 Acre Tract being more particularly described by metes end bounds as follows: BEGINNING at the northwest corner of Lot 8, Block 9, Rodd Village, as recorded In Volume 86, Page 91 of the Map Records of Nueces County, Texas; THENCE 553 °01'341'E through Lots 6, 8, 9, 10, and 12, Block 9 of said Rodd Village, a distance of 932.16' to a Point at the westerly corner of Lot 13, being the easterly corner of this tract; THENCE N61 °22'12"W a distance of 224.40' to a point on the southerly boundary line of Lot 9, Blocs. 9 of said Rodd Village, being an angle point of this tract THENCE 587 °3215"W a distance of 529.43' to a point on the southwest boundary line of Lot 7, Block 9 of said Rodd Village, being the southwest comer of this tract; THENCE NO2 °15'49"W a distance of 478.25' to the POINT AND PLACE OF BEGINNING and containing 3.24 Acres (141,247 Sq. Ft) of land. Bearings are with reference to the centerline of Rodd Field Road as shown on Plat of Rodd Village recorded in Volume 68, Page 91 of the Map Records of Nueces County, Texas_ State of Texas County of Nuecu I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, Texas, hereby certify that the foregoing field notes were prepared by me from instruments of record. This the 6'" day of May, 2008 a • D CU. Russell D. Ochs State of Texas License No. 5,241 page 1 'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 t� 0 C O O CU sa) 0 C c 0' 0 L 0 0 C CP C L L CU CU L u l CU 4-) 0 C 0 4- Existing Land Use Map. „„„„, „„„.. .„.„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„ „„„„„„„, } :mfr • rn • •••15 •6 A., 1 . S .'BJ1C EXISTING LAND USE r' Estate Rrsrrieniial. - ER li.r�P 1 Low D■:-rnstty Rosrclential. - LUR r47r:!d Density Rrr;rci ,riir, ?!. - f:70R Mffl Higfr Density Rr•sr <Yr rrPi ?f. - HDR i,__� iVicr6ile Horn F• - f: ?H I JACj VacanP - VAC �o Professional Office - PO Crirrtrrr.r'rfal - COPVA 1 Li 1 Light lnth str €al • LI Heavy lrrrfustrf.rl - HI Puhlir Serer- Prrbfie - PSP -- _ -- 21 CITY COUNCIL AGENDA MEMORANDUM July 8, 2008 AGENDA ITEM: Public hearing and first reading ordinance to consider abandoning and vacating a 7,293 - square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Charlotte Drive) out of Tropic Heights Unit 2, Block 1, Lot 1, and Block 2, Lot 1, adjacent to and south of the Mediterranean Drive public right -of -way; subject to owner's compliance with the specified conditions. ISSUE: Mr. Joseph Hasselmeier and Mr. Kirk Parker adjoining property owners, are requesting the abandonment and vacation of the undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive), to avoid the continuous use of this portion of public right -of -way that lies between their two properties, as a dumping area for trash and large debris. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D Background Information Ordinance Site Location Map — FMV Fees 70-,/--, -339- Bob Mx, AICP ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. Joseph Hasselmeier, owner of Tropic Heights Unit 2, Block 2, Lot 1, and Mr. Kirk Parker, owner of Tropic Heights Unit 2, Block 1, Lot 1, are requesting the abandonment and vacation of a 7,293 - square foot portion (approximately 50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public street right -of -way (Charlotte Drive). The dedicated public ROW is located adjacent to and south of the Mediterranean Drive public right -of -way, between the properties owned by Mr. Hasselmeier and Mr. Parker, and adjacent to and north of the Audubon Outdoor Club wild life sanctuary. The said portion of right -of -way is proposed to be abandoned and vacated to eliminate unauthorized use of this portion of public right -of -way between Lot 1, Block 2 and Lot 1, Block 1 in the Tropic Heights Unit 2 subdivision. The City Code of Ordinances, Section 49 -12, Petition to council to establish or close streets, etc., paragraph (a), states that "unless all such owners of abutting property join in the request, a statement shall be attached to the request showing the reason for non participation of those who have not signed the request ". The interpretation of this language has been questioned during previous discussions of this item. The American Heritage Dictionary, 1978 edition, defines the term "abut" as "to touch at one end or side of something; lie adjacent to ", or "to border upon; be next to ". Based on this definition, the "abutting property owners" for this street closure are Mr. Joseph Hasselmeier, Mr. Kirk Parker, and the Audubon Outdoor Club. Based on a consultation with our Legal Council, we obtained statements from adjacent property owners by telephone. Staff met with representatives of the Audubon Outdoor Club on April 17, 2008, and determined that this right -of -way is not used by them to access the sanctuary area. Audubon representatives indicated that their non participation in the right -of -way closure request was based on their not using the subject right -of -way section, their not being involved with maintenance of this property, and that closure of this section of Charlotte Drive would be neither a significant benefit or significant detriment to the operation of the adjoining Audubon Outdoor Club wildlife sanctuary. As a courtesy, staff also directly contacted Ms. Virginia Hatley and Mr. Robert Allen Clarke, who own the properties immediately across Mediterranean Drive from the proposed street closure (438 Mediterranean and 3434 Charlotte Drive, respectively). Ms. Hatley was contacted on June 19, 2008, and Mr. Clarke contacted on June 20, 2008. Both of these property owners responded that they had no objections to the proposed street closure, nor any interest in the resulting property, and that Mr. Hasselmeier and Mr. Parker had always maintained the vacant right -of -way well. The extension of sidewalk, curb and gutter, and necessary pavement repair by the adjoining property owners will be required to eliminate the gap in the Mediterranean Drive street section EXHIBIT A -340- across the Charlotte Drive right -of -way. The estimated cost for this work is $937.50. (see attach Exhibit D) The City's Code of Ordinances, Section 49 -12 (c) (4) waives payment of fair market value of the right -of -way to be abandoned when the street is unimproved, and not used for any public street purpose. This section of the Code also defines "public street purpose" to include, but not be limited to, "curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and any other public utility installations." All public and franchised utilities were contacted regarding this closure request. The City Water Department has a "dead end" segment of inactive 6" waterline which extends approximately 17 feet into the Charlotte Drive public right -of -way. This line segment and an associated valve within the Mediterranean Drive right -of -way will have to be removed at the adjoining property owners' expense, prior to abandoning and vacating that portion of the right -of -way. The City Water Department has quoted a price of $1,259.00 to cover the cost of this work. AT &T has buried cable facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right-of-way to match the existing 15' easement at the rear of the adjacent lots. TimeWamer has overhead communication facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. The estimated fair market value of this easement dedication is $243.75. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right -of -way, by calling 1- 800- D1G -TESS, due to possible utility conflicts. Fair market value of the proposed street closure is $4,740.00. The total amount that the abutting property owners are responsible for is $2,299.75, which includes the cost of curb, gutter, and sidewalk extension in the Mediterranean Drive right -of -way across the Charlotte Drive street; the cost of removing the section of dead end water main within the Charlotte Drive and Mediterranean Drive right of ways, and the calculated fair market value of the proposed 15 foot wide utility easement. In accordance with the Code of Ordinances, Section 49- 12(c), which states, "The application of any exemptions or the evaluation of any credits provided herein shall be made in the reasonable discretion of the city exercised in good faith ", staff recommends that payment of the fair market value be waived because the street proposed for closure is not paved and will not be used for any public street purpose, other than the overhead franchised utilities which cross the subject right of way at its southernmost end. The requirements of the overhead franchised utilities will be addressed by the adjoining property owners' dedication of a public utility easement 15 feet in width along the southerly boundary of this right -of -way, as a condition of the granting of the abandonment. The owner has been advised of and concurs with the conditions of the street closure and right -of- way abandonment, as included in Exhibit B, attached. EXHIBIT A Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 7,293- SQUARE FOOT PORTION (50' WIDE X 145' LONG) OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (CHARLOTTE DRIVE) OUT OF TROPIC HEIGHTS UNIT 2, LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, ADJACENT TO AND SOUTH OF THE MEDITERRANEAN DRIVE PUBLIC RIGHT-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Mr. Joseph Hasselmeier and Mr. Kirk Parker are requesting the abandonment and vacating of a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced dedicated public right -of -way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, July 8, 2008, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right -of -way, as recorded in Volume 41, Page 22 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1. The City Code, Sec. 49 -12, waives payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, and acquired by an abutting property owner, as it is in this case. 2. Owner to pay for the construction and extension of sidewalk, curb and gutter, and necessary pavement repair required to complete the gap in the Mediterranean Drive street section across the Charlotte Drive right -of -way. H:1 LEG- D1R1Sharedl,lay\ genda1 200817- B \ORD- abandon.9r t gOW- CharlotteDrive- 2reading.doc Page 2 of 3 3. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right -of -way, by calling 1 -800- DIG -TESS, due to possible utility conflicts. 4. AT &T has buried cable facilities across the public right -of -way and will require a 15' utility easement by separate instrument across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent Tots. 5. AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement by separate instrument across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent Tots. 6. TimeWarner has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent Tots. 7. A 15' utility easement is reserved across the rear portion of the right -of -way to match the existing 15' easement at the rear of the adjacent Tots and will require a 15' utility easement by separate instrument across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 8. City Water Department has an existing 6" waterline valve within the Charlotte Drive public right -of -way that will require dedication of a 15' utility easement by separate instrument or will have to have the existing 6" waterline removed and plugged at the tee ($1,259.00), at owner's expense, prior to abandoning and vacating that portion of the right -of -way. 9. Upon approval from Council and ordinance issued, all grants of street closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 10.Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. HA LEG- DIRI Shared\JaylAgenda12DQ817- 810RD- abandon -v IV- CharlotteDrive- treading.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill KeIIy PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: June 30, 2008 By: R. Ja ing Firs As stant ' Attorney For City Attorney Henry Garrett Mayor HALED- DIR1Sharecl UaylAgenda1200817- 810RD- abandon geOW- ChariotteDrive- 2reading.doc ` T • F ., \ \e�;_, .4io „„.1,0,....,..d. 'i P "�' nq r+ Q,. a \ '\•. Yorktown rr e s 00 0 0 0 0 0 U Vega F., °: Pleiades 7[5, PoL-...ris c lAntores :310rion co('- `� ! II •c' Mediterranean °l m Mediterranean Drive (60' R.O.W.) 25 B 11V u.E7 A'.90'00'00' R =10.00' T =10.00' L =15.71' c a d7 v Yorktown Site a) 0 Cleary ew River of Ccurtla Rive 0 C 0 7 Eueno Visto y ..cs Pa' as Seoside 50 • 20 10 ./.I S61100'00 "E 70.00' ,-529'00.00'w 10.00' 0) X N Q~ a X C O.NU Sa o 0 tea_ 0j Pleiades Polaris An tares Orion Ram field Mediterranean Yorktown a) w 0 D c Clearview River Courtla Rivie Buena Las Pa Vista Seaside Yorktown S29 10.00' Rood Closure 7,292.92 Sq.Ft. 25' B.L. to 0 a) N a~ w 2 O co c > Y D M ,` h r 0,r,,NC� ®9: m --a0 W 4-0 ri °c 0° Z 0 z P 0 c (D 0 a» o m z o 0 0 m tx h.dej N61100'00" W Paint of Beginning 50.00' 715' U.E7 ©90'00'00" R= 10.00' T =10.00' L=15.71' EXHIBIT C Map to Accompany FIELDNOTES for the closing of a portion of Charlotte Drive, o 50 foot wide public roadway, as shown by the recorded plat of Tropic Heights Unit 2, a mop of which is recorded in Volume 41, Page 22, Map Records of Nueces County, Texas. t LO 25 B.L. h Q H v N 3 O 0 40 h U Z >v 0 4) ce `15' U.E7 URBAN ENGINEERING eras sl.wnrA Camas 0i0 S4 taro+ (arr.aam far (an -soot Lot 4, Section 52 Flour Bluff and Encino) Farm and Gorden Tract, Vol. A, Pages 41 -43, M.R.N.C.T. DATE: NOV. 30. 2007 SCALE: 1"-40' JOB NO.: 41403.00.00 SHEET: 1 OF 2 DRAWN BY: DL 02007 by Urban Engineering Mediterranean Drive (BO' R.D.W.) a.1 E 0~ o a; 0 r C ®co F° c1-* O W 1:1 a3 P`i oz 15 t n 25' B.L co v x m N 0 cam_ c OaNV Ca 41) Vi=a ow 0 o *Z 0 co 0 m m 0 ai 15' U.E7 CO X25' B.L. x N a H 0 Nc�� .st iV 3 _pr,• NU 5 wAoe O -"* EL O p a 0 0 J 15. Utility Easement 750.00 Sq. L. N61'00'00 "W Point of Beginning 50,00' EXHIBIT C Map to Accompany FIELDNOTES for a 15.00 foot wide utility easement out of a portion of Charlotte Drive, a 50 foot wide public roadway, as shown by the recorded plot of Tropic Heights Unit 2, a map of which is recorded in Volume 41, Page 22, Map Records of Nueces County, Texas. t 1 �15' U.E? UNE BEARING DISTANCE 1.1 N29- 00'00`E 15.00' L2 529'00'00*W 15.00' URBAN ENGINEERING 2775 sr cr rs a >Fx�s r Lot 4, Section 52 Flour Bluff and Encinal Form and Garden Tract, Vol A, Pages 41 -43, M.R.N.C.T. SCALE NOV. 30, 2007 SCALE 1 ".40' JOB NO.: 41403.00.00 SHEET: 1 OF 1 DRAWN BY: DL 02007 by Urban Engineering Audubon Outdoors Wildlife Sanctuary 0 225 Feet Proposed Public Right of Way Closure Right of Way B 450' Buffer 1.1S7008 Prepared By M88 Department of Development Services CHARLOTTE DRIVE (Undeveloped and Unsurfaced) (FMV FEES) 437 Mediterranean Drive (Joseph Hasselmeier) .2662 acres x 43.560 = 11,595.672 = 11,596 square feet (rounded) $13,686 land improvements /11,596 square feet (sf) = $1.18 per square feet (psf) + 10% = $1.30 psf $1.30 psf x 3,646.46 sf (7,292.92 sf /2) x 50% discount for UE rights = $2,370.00 FMV Fee = $2,370.00 501 Mediterranean Drive (Kirk Parker) .2995 acres x 43.560 = 13,046.22 = 13,046 square feet (rounded) $15,397113,046 square feet (sf) = $1.18 per square feet (psf) + 10% _ $1.30 psf $1.30 psf x 3,646.46 sf (7,292.92 sf 12) x 50% discount for UE rights = $2,370.00 FMV Fee = $2,370.00 $2,370.00 (437 Mediterranean Drive) + $2.370.00 (501 Mediterranean Drive) = $4.740.00 combined Total Fair Market Value Fee = $4,740.00 Utility Easement (UE) Value For the UE to be retained, deduct $243.75 from the total. This UE is valued at 750 sf (retained UE) x $1.30 per square feet x 25% discount = $243.75. We will retain the subsurface use, but they will have the surface use. The subsurface accounts for 25% of the total easement value. $4,740.00 (FMV Fee) - $243.75 (Esmt. Dedication) _ $4,496.25 = $4,496.00 (rounded) Total Fair Market Value Fee Minus UE Dedication = $4,496.00 OWNER'S EXPENSE (Curb & Gutter and Sidewalk Extension & Removal of City Water Line) The City Water Department has an existing 6" waterline valve within the Charlotte Drive public right -of -way that will have to be removed and plugged at the tee ($1,259.00), at owner's expense. 4' wide x 50' long concrete sidewalk = 200 square feet x $4.11 per square feet = $822.00 $18.75 per linear feet x 50' long curb & gutter = $937.50 $ 243.75 15' Uitlity Easement Dedication $ 937.50 Concrete Curb & Gutter & 4' Sidewalk Construction $1.259.00 Water Line Removal Cost $2,440.25 Total Owner's Expense $4,740.00 (FMV Fee) - $2,440.25 (Owner's Expense) = $2,299.75 Remaining Market Value EXHIBIT D -350- 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 8, 2008 AGENDA ITEM: Public Hearing on the Proposed FY 2008 -2009 Operating Budget. This budget will raise more total property taxes than last year's budget by $5,150,870 (General Fund $1,635,012, Debt Service Fund $3,098,076, and Special Revenue $417,782), or 7.6 %, and of that amount, an estimated $2,168,689 is tax revenue to be raised from new property added to the tax roll this year. This additional amount is due entirely to increases in property tax valuations and new property added to the tax roll and NOT to any increase of the current tax rate of $.563846. ISSUE: Section 102.006 of the Texas Local Government Code reads as follows: The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. REQUIRED COUNCIL ACTION: Conduct the public hearing. PowerPoint Supplemental Information Eddie Houlihan Assistant Director of Management and Budget -353- 23 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, July 08, 2008 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President John E. Marez calls the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, President Melody Cooper, Vice President Larry Elizondo, Sr. Henry Garrett Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of May 27, 2008 4. Approval of the financial report 5. Motion to reinstate the FY05 and FY06 HOME funding agreements with Corpus Christi Metro Ministries and to authorize the CCCIC General Manager or designee to execute an amendment to extend the term of the agreements through January 31, 2009. 6. Motion authorizing the CCCIC General Manager or designee to extend the HOME loan terms from 30 months' to 30 years' with interest compounded annually at the higher of 5.00% or AFR upon loan closing, with interest and principal payments payable only from annual surplus cash flow. 7. Public Comment 8. Adjournment MINUTES, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION May 27, 2008 1:59 P.M. PRESENT Board of Directors John Marez, President Melody Cooper, Vice - President Larry Elizondo, Sr. Henry Garrett Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Marez called for the approval of the minutes from the August 28, 2007 meeting. Mr. Garrett made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed. President Marez called for the financial report for nine months ended April 30, 2008. Treasurer Cindy O'Brien stated the fund balance was $19,599,862. She stated there were three separate groups of funds combined for the total balance. Motion was made to approve the financial report as presented and passed. President Marez called for the General Manager's Annual Report. General Manager Noe stated the CCCIC was a nonprofit corporation utilized for the administration of a number of our housing programs for rehabilitation of single family housing. He also stated the Corporation uses Community Development Block Grant (CDBG) and HOME funds as well as proceeds in the funds. He reported that over $37 million of funding has been generated and more than 5,143 units have been assisted through the CCCIC's programs. Mr. Noe stated that one significant item of business of the annual meeting was to consider appointments to the Loan Review Committee. President Marez opened discussion on Item 6, the appointment of CCCIC Loan Review Committee members. He asked for nominations. The following members were appointed: Sylvia Ford- Financial Institution, Cliff Atnip- Community at Large, and Abel Alonzo- Community at Large. President Marez called for public comment. There was none. There being no further business to come before the Board, President Marez adjourned the meeting at 2:12 p.m. on May 27, 2008. -358- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET May 31, 2008 ASSETS Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments $ 821,031 $ 241,368 $ 215,046 $ 1,277,445 Mortgages receivable 11,267,219 7,268,316 18,535,535 Investment in property (net of accumulated depreciation) 135,228 21,047 156,275 Total assets $ 12,223,478 $ 262,415 $ 7,483,362 $ 19,969,255 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable $ $ $ $ Bank note payable Total liabilities Fund Balance: Reserved for mortgages 11,267,219 21,047 7,268,316 18,556,582 Reserved for Investments 135,228 - - 135,228 Unreserved 821,031 241,368 215,046 1,277,445 Total fund balance 12,223,478 262,415 7,483,362 19,969,255 Total liabilities and fund balance $ 12,223,478 $ 262,415 $ 7,483,362 $ 19,969,255 -359- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDING MAY 31, 2008 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government $ - $ $ 1,263,787 $ 1,263,787 Interest on loans 55,578 8,997 64,575 Interest on investments 14,776 7,439 9,230 31,445 Rental income 91,127 - 91,127 Miscellaneous 1,861 - 373 2,234 Total revenues 163,342 7,439 1,282,387 1,453,168 Expenditures: Grants 300,228 300,228 Warranty Work 68,653 - - 68,653 Loan processing - 110,340 110,340 Accounting services - - 14,271 14,271 Accumulated amortization - forgivable loans 88,066 550,970 639,036 Total expenditures 156,719 975,809 1,132,528 Excess of revenues over expenditures 6,623 7,439 306,578 320,640 Fund balances at August 1, 2007 12,216,855 254,976 7,176,784 19,648,615 Fund balances at May 31, 2008 $ 12,223,478 $ 262,415 $ 7,483,362 $ 19,969,255 Memorandum TO: Members of the Board of the Corpus Christi Community Improvement Corporation FROM: George K. Noe, General Manager DATE: June 27, 2008 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on July 08, 2008 I am requesting that the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of July 08, 2008: 1. Motion to reinstate the FY05 and FY06 HOME funding agreements with Corpus Christi Metro Ministries and to authorize the CCCIC General Manager or designee to execute an amendment to extend the term of the agreements through January 31, 2009. On April 26, 2005, City Council approved the FY2005 Consolidated Annual Action Plan for CPD Programs totaling $7,989,318 for CDBG, ESG and HOME project/activities (026237). Included in this action was the funding approval for Corpus Christi Metro Ministries for $150,000 of HOME program funding. Subsequently, on April 18, 2006, the City Council adopted its FY2006 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $8,090,816 that included $4,962,506 for the CDBG Program and $149,325 for the ESG Program and $2,978,985 Home Program (M2006 -125). With this action, $125,000 of HOME program funding was allocated to Corpus Christi Metro Ministries. Subsequently, several scope of work changes were approved by City Council with the ultimate decision to construct a new two story facility located next to their administrative offices at 1919 Leopard Street. At this time, the project is approximately 30% completed. Staff recommends approval to reinstate the FY05 and FY06 HOME funding agreements with Corpus Christi Metro Ministries and to authorize the CCCIC General Manager or designee to execute an amendment to extend the term of the agreements through January 31, 2009. 2. Motion authorizing the CCCIC General Manager or designee to extend the HOME loan terms from 30 months' to 30 years' with interest compounded annually at the higher of 5.00% or AFR upon loan closing, with interest and principal payments payable only from annual surplus cash flow. On April 18, 2006, the City Council adopted its FY2006 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $8,090,816 that included $4,962,506 for the CDBG Program and $149,325 for the ESG Program and $2,978,985 Home Investment Partnership (HOME) Program (M2006 -125). With this action, $125,000 of HOME Program funding was allocated to TX LULAC West Park Housing, L.P. for rehabilitation of their 124 multi - family unit complex located at 10702 IH 37. On August 22, 2006, the CCCIC approved an additional $209,124 short term (12 months) bridge loan from the HOME program for the TX LULAC West Park Housing, L.P. Subsequently, a SubrecipientAgreementwith TX LULAC West Park Housing, L.P., as part of the FY2006 HOME program funding, was approved by the CCCIC on January 16, 2007 for $334,124. The CCCIC authorized the loan at 3% interest. An additional $100,000 from the Rental Rehabilitation Loan Program administered by the Neighborhood Services Department was approved by the Loan Review Committee. On July 24, 2007, the CCCIC approved an extension of their loan term for up to 30 months. TX LULAC West Park Housing, L.P. is requesting that the CCCIC extend the HOME Investment Partnerships (HOME) Program loan term from 30 months' to 30 years' with interest compounded annually at the higher of 5.00% or AFR upon loan closing, with interest and principal payments payable only from annual surplus cash flow. The request is necessary to meet the underwriting analysis which was included in the Texas Department of Housing and Community Affairs 9% tax credit eligible basis. Staff recommends approval to extend the HOME loan terms from 30 months' to 30 years' with interest compounded annually at the higher of 5.00% or AFR upon loan closing, with interest and principal payments payable only from annual surplus cash flow. FIRST AMENDMENT TO THE HOME FUNDING AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND METRO MINISTRIES This amendment ( "First Amendment") is made by and between the Corpus Christi Community Improvement Corporation ( "CCCIC ") and Corpus Christi Metro Ministries, Inc. ( "Subrecipient"). WHEREAS, the CCCIC and the Subrecipient executed an agreement ( "Agreement ") on December 19, 2006, for the purpose of utilizing the CCCIC's FY05 and FY06 HOME ( "HOME ") Program funds; WHEREAS, the Agreement expired November 30, 2007; WHEREAS, the parties desire to execute this instrument to express their mutual desire to reinstate all terms, conditions, and covenants stated in the original Agreement; and WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise and extend the term, and its associated counterparts, stated in the Agreement. Section 1. By execution of this instrument, the parties agree to reinstate all terms, conditions, and covenants stated in the original Agreement, to have the same force and effect as if the Agreement had not terminated. Section 2. Section 2 of the Agreement, entitled "Agreement Period," is amended by deleting the date "November 30, 2007" and inserting the date "January 31, 2009." Section 3. Section 24, subsection (A), of the Agreement is amended by deleting the date "October 31, 2007" and inserting the date "December 31, 2008." Section 4. The Subrecipient shall execute a new Exhibit A to the Agreement, a copy of which is attached. Section 5. By execution of this First Amendment, the parties agree to revise and ex- tend the term, and its associated counterparts, stated in the Agreement. All terms, con- ditions, and covenants of the Agreement not revised by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2008. ATTEST: CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION Armando Chapa George K. Noe Secretary General Manager CORPUS C HRI T,o I METROMIN1,SjTRIES, INC. )(Lei: 0.4 C- Ii2z.� By: Printed Name: Title: C— O ¶ r,�ec.c&4-L irecl-Dr Date: –5:J1 1 I i 2 ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on lU , 2008, E P; Zzr of Corpus Christi Metro Ministries, Inc., a Texas nonprofit corporation, on behalf of the •e rporation. (seal) LAURISA LYNN BAKLIK Notary Public, State of Texas My Commission Expires March 09, 2011 –364– Nota ' ublic, State of T as EXHIBIT A COVENANT TO BIND PROPERTY FOR THE PERIOD OF AFFORDABILITY STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Pursuant to an agreement entered into between the Corpus Christi Community Improvement Corporation ( "CCCIC ") and Corpus Christi Metro Ministries, Inc. ( "Metro "), executed on December 18,2006, as amended by a First Amendment executed on or about June 30, 2008, such documents being incorporated in this instrument by reference ( "Agreement "), Metro accepted federal funds, in conjunction with the United States Department of Housing and Urban Development's Home Investment Partnership Program ( "HOME Program ") administered by the CCCIC, for new construction of a facility on the following property: Lots 7, 8, 9, 10, and the west 7.45' of Lot 11, Block 2, Young Addition, of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat on record in the Map Records of Nueces County, Texas, and which is commonly known by its street address of 1919 Leopard Street, located in Corpus Christi, Nueces County, Texas (hereinafter referred to as the "Property "). Pursuant to the terms, conditions, and covenants contained within the Agree- ment, as owner of the Property and in consideration of receiving the funds, Metro agrees to bind the Property with the affordability requirements specified in the Agree- ment and in Title 24, Part 92, of the United States Code of Federal Regulations, for a period of not less than twenty (20) years from the date of completion of the construction of the facility, such date of completion presently unknown but anticipated to be no later than December 31, 2008. This instrument constitutes a covenant running with the land and binds all successors, assigns, and transferees of the Property, such Property being subject to this instrument. CORPUS CHRISTI METRO MINISTRIES, INC. Executive Direct Date: STATE OF TEXAS § COUNTY OF NUECES § Subscribed to and sworn before me this day of , 2008, by , of Corpus Christi Metro Ministries, inc., a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: ATTN: Administrator, Community Planning Division c/o Corpus Christi Community Improvement Corporation P. O. Box 9277 Corpus Christi, Texas 78469 -9277 City of Corpus Christi