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Agenda Packet City Council - 08/19/2008
CITY COUNCIL AGENDA AUGUST 19, 2008 11:45 A.M. — Proclamation declaring the month of August 2008 as "Clean Air Month" Commendation Certificates: 2008 Texas Amateur Athletic Federation Games Award Recipients Commendation Certificates: CC Kaboom, 2008 Prime Time Sports Basketball National Champions Swearing -in Ceremony of newly appointed Board, Commission and Committee members "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 AUGUST 19, 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. orat the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Micah Davidson, Real Life Fellowship. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern Priscilla Leal Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: 1. Approval of Regular Meeting of July 29, 2008. (Attachment # 1) Agenda Regular Council Meeting August 19, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Civil Service Board /Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT * Upcoming Items CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI- 0176-08, based on low bid for an estimated six -month expenditure of $1,656,814. The terms of the contracts will be for Agenda Regular Council Meeting August 19, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) six months with options to extend for up to five additional six - month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY 2008 -2009. (Attachment # 3) Univar Corpus Christi, Texas Liquid Caustic Soda $1,300,940 Altivia Houston, Texas Sodium Hypochlorite Solution $355,874 Total: $1,656,814 4.a. Ordinance appropriating an amount of $184,732 from the Tankel Estate Reserve in the General Fund to be applied to the purchase of two fire pumper trucks. (Attachment # 4) 4.b. Motion approving the lease purchase of two (2) ambulances and two (2) fire pumper trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The ambulances and fire pumper trucks will be used by the Fire Department. Financing will be provided through the City's lease- purchase program. (Attachment # 4) San Antonio Ambulance Sales, Inc. San Antonio, TX Items: 1 $202,858 Siddons Fire Apparatus, Inc. Houston. TX Items: 2 $799,946 Total: $1,002,804 5. Motion approving a supply agreement with M.T. Deason Company, of Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI- 0182 -08 based on low bid for an estimated annual expenditure of $67,478.75. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2008 -2009. (Attachment # 5) Agenda Regular Council Meeting August 19, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion approving a service agreement with F. A. Richard & Associates, Inc., of Mandeville, Louisiana for workers' compensation third -party administration services, in accordance with Request for Proposal Number BI- 0053 -08, for an estimated two -year expenditure of $1,086,935.38, of which $493,228.72 is required for the remainder of FY 2008 -2009. The term of the service agreement will be for two years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's workers' compensation claims. Funds are budgeted in the Liability and Employee Benefits Workers' Compensation Fund. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute an amendment to the FY2007 Community Development Block Grant (CDBG) agreement with the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place, revising the scope of work from rehabilitation to acquisition. (Attachment # 7) 8. Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility. (Attachment # 8) J. PUBLIC HEARINGS: ZONING CASES: 9. Case No. 0608 -01, Dr. Pedro Diaz: A change of zoning from a "F -R" Farm -Rural District to a "B-4" General Business District, on property described as a 20.36 acre tract out of Lots 23 and 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts located along the west side of Rodd Field Road between Brooke Road and Slough Road. (Attachment # 9) Agenda Regular Council Meeting August 19, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's Recommendation: Denial of a "B -4" General Business District, and in lieu thereof, approval of a "R- 1B „ One - family Dwelling District on four acres out of Lot 23, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1), located across from Brooks Road, and approval of a "B-4” B-4 General Business District on 16 acres of Lot 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2), located along Rodd Field Road. Staffs Recommendation: Denial of a "B-4" General Business District, and in lieu thereof, approval of an "R-1B" One - family Dwelling District on Tracts 1 and 2. ORDINANCE Amending the Zoning Ordinance, upon application by Dr. Pedro Diaz, by changing the Zoning Map in reference to four acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lot 23 (Tract 1), from "F-R" Farm -Rural District to "R-1B" One- family Dwelling District, and 16 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lot 24 (Tract 2) from "F -R" Farm -Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. 10. Case No. 0708 -03, Texas Funding Corporation: A change of zoning from an "A -2" Apartment House District to a "B -1" Neighborhood Business District resulting in a change of land use from residential to commercial on property described as Paul Court Subdivision, Block 13, Lot 12 located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway. (Attachment # 10) Planning Commission & Staffs Recommendation: Denial of the "B -1" Neighborhood Business District and in lieu thereof, approval of an "A -2" Apartment House District with a Special Permit subject to seven (7) conditions. Agenda Regular Council Meeting August 19, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Texas Funding Corporation, by changing the Zoning Map in reference to Paul Court Subdivision, Block 13, Lot 12 from an "A -2" Apartment House District to an "A -2 /SP" Apartment House District with a Special Permit for the speculative zoning purposes in the sale of the property, subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. AD VALOREM TAX RATE: 11. Public Hearing on Proposed Ad Valorem Tax Rate Increase (To be considered at approximately 11:00 a.m.) (Attachment# 11) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 12.a. Resolution expressing official intent to reimburse costs of Corpus Christi Bayfront Development Implementation Plan - Phase 1. (Shoreline Realignment Phase 1) (Attachment # 12) 12. b. Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP., of Aransas Pass, Texas in an amount not to exceed $13,059,963.07 for the Bayfront Development Implementation Plan - Phase 1 Improvements. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute an Agreement between the City of Corpus Christi and the Corpus Christi Regional Economic Development Corporation (EDC) whereby the EDC will promote economic development in the Corpus Christi Bay area for an annual fee of $475,000. The term of the agreement is August 1, 2008 through July 31, 2009. (Attachment # 13) 14. Ordinance ordering a Special Election to be held on November 4, 2008, in the City of Corpus Christi on the questions of authorizing obligations of the City supported by Ad Valorem Taxes; providing for procedures for holding such election; Agenda Regular Council Meeting August 19, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint Election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance and declaring that this ordinance shall be effective immediately upon its adoption by City Council, in accordance with provisions of V.T.C.A., Government Code, Section 1201.028. (Attachment # 14) 15. First Reading Ordinance - Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to provide 2.5% pay range adjustment to address market position for Pay Plans 100, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, provide a 2.5% pay increase to employees in Pay Plans 100, 300, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. (Attachment # 15) 16. Discussion and consideration of placing a ballot measure on the November 4, 2008 election to restrict vehicular access to and on the portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall. (Attachment # 16) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. Community Outreach — Ingleside Local Redevelopment Authority (LRA) (Attachment # 17) 18. Potential Long -Term South Texas Aggregation Project (STAP) Contract for Power (Attachment # 18) M. MEETING OF CITY CORPORATION: 19. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC): (Attachment # 19) Agenda Regular Council Meeting August 19, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING Date: Tuesday, August 19, 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 Bill Kelly calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Bill Kelly, Pres. George K. Noe, General Manager John Marez, Vice Pres. Armando Chapa, Secretary Melody Cooper Mary Juarez, Asst. Secretary Larry Elizondo Cindy O'Brien, Treasurer Henry Garrett Constance Sanchez, Asst. Treas. Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez 3. Approval of minutes of December 18, 2007 meeting. 4. Election of Officers: President General Manager Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer 5. General Manager's Annual Report. 6. Financial Report. 7. Consider approval of a Resolution with respect to an application for a Calendar Year 2009 Reservation for Qualified Mortgage Bond Authority. Agenda Regular Council Meeting August 19, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Consider approval of an interim construction loan to RRAH Corpus Christi, LP in connection with the development of Buena Vida Senior Village at 4650 Old Brownsville Road in Corpus Christi. 9. Public Comment. 10. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) N. 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 inglos es limitado, habra un intorprete inglos- espafiol 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. O. 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 Govemment 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 hp nunliciv announced by the presiding office. Agenda Regular Council Meeting August 19, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street at3 ,Snp.m., on August 13, 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 Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD STREET AUGUST 19, 2008 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: I. CONSENT AGENDA 7.b. Motion approving a change in scope to the 2007 Community Development Block Grant project for the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place from rehabilitation to acquisition and authorizing the City Manager or his designee to execute all necessary .and related documents. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3: Bfl _ p.m., August 15, 2008. t_.11,tQPhy~O ~1/ Armando Chapa •~ City Secretary ~ ~U City Council Goals 2007 -2009 I'. WNI 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 Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez *Arrived at 11:13 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 29, 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 Senior Minister Assistant Jeanne Gardiner with Unity By The Sea and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 15, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett acknowledged that former Mayor Ben McDonald was present at the meeting. * * * * * * * * * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 - 7). There were no. comments from the public. Council members requested that Items 2, 3, and 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 027785 Resolution approving an agreement to grant business incentives between the Corpus Christi Business and Job Development Corporation (4A Board) and SCORE Chapter 221, which grants $50,000 in business incentives for the operation of a program to assist small and start-up businesses in Corpus Christi; and authorizing the City Manager or his designee to execute a business incentives project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. —1— Minutes — Regular Council Meeting July 29, 2008 — Page 2 MOTION NO. 2008 -195 Motion authorizing the City Manager or his designee to execute Change Order No. 17 to a Construction Contract with SLC Construction, LP, of Conroe, Texas in the amount of $91,270 for a total re- stated fee of $12,142,770.35 for the installation of an 8 -inch water line on Winnebago Street between Carancahua and Upper Broadway Streets. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. RESOLUTION NO. 027786 Resolution declaring and dedicating a 4.000 -acre (174,246 s.f.) tract of land (Wetland Preservation Site, Tract #1) and a 2.273 -acre (99,030 s.f.) tract of and (Wetland Buffer Zone, Tract #2) as a Wetland Preserve; authorizing the City Manager and his designee to execute and record the attached real estate instrument to that effect; and authorizing the City Manager and his designee to take actions necessary to maintain the property as a Wetland Preserve subject to and in accordance with the success criteria in the "Final Wetland Mitigation Plan for Master Channel 27 Drainage Improvements," as revised on January 29, 2008, Department of the Army Permit No. 24328. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 2 regarding the use of tax notes and the purchase of a spotting tractor for Solid Waste. Council Member Leal asked whether staff had checked on the condition of the two ladies injured at the cave -in at Horne Road and Port Road. City Manager Noe said that Interim Assistant City Manager Angel Escobar and the Risk Management staff went to the scene of the accident. Mr. Noe stated that he would provide a status report of the incident. Ms. Leal also expressed get well wishes to police officer Domingo Ibarra. Council Member Leal asked questions regarding the funding for the South Guth Ball Fields Relocation project; improvements to the Water Garden and Harbor Playhouse; whether the side loader refuse trucks were replacements to the Solid Waste fleet; the time period that the City has used side loader trucks; the life expectancy of the side loader trucks; and the functions of the spotting tractor. City Manager Noe stated that the funding for the South Guth Ball Fields provides for the costs associated with the fields including land acquisition. Ms. Leal requested a cost breakdown for the South Guth Ball Fields. Interim Director of Engineering Services Kevin Stowers explained that the improvements needed at the Water Gardens include reconstruction, redesign, and relocation of the pumping system. Director of Financial Services Cindy O'Brien stated that the Harbor Playhouse was included in the $3.5 million allocated for improvements to the Bayfront Arts and Science Parks. Ms. O'Brien added that the major portion of that money will be spent to replace the air handling system at the Convention Center. Mr. Stowers said that the funding that is left over can be prioritized by the Council to be used for improvements to the other facilities listed within the Bayfront Arts and Sciences Park. Interim Director of Solid Waste Operations Lawrence Mikolajczyk stated that the side loader trucks were replacements to the fleet and the side loader trucks have been used by the Solid Waste Department since 2000. Director of General Services Jim Davis stated that the life expectance of the side loader trucks is 6 years. Mr. Mikolajczyk explained that the spotting tractor is designed to improve the productivity at the transfer station. -2- Minutes — Regular Council Meeting July 29, 2008 — Page 3 City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 027783 Resolution amending Resolution No. 027649, which approved projects to be funded through tax notes, to allow for the transfer of funding between the individual approved projects as needed, while remaining within the authorized principal amount. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. 2.b. ORDINANCE NO. 027784 Ordinance amending Ordinance No. 027708 which authorized issuance of tax notes in principal amount of $22,260,000, to allow for the transfer of funding between the individual approved projects as needed, while remaining within the authorized principal amount. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. 2.c. MOTION NO. 2008 -193 Motion approving the purchase of a spotting tractor from Shoppa's Material Handling, LTD, of Fort Worth, Texas in accordance with Bid Invitation No. BI- 0213 -08, based on most advantageous bid for a total amount of $86,350.97. The tractor will be used by Solid Waste Services and is an addition to the fleet. Funding is available in the Solid Waste 2008 Tax Notes Capital Improvement Project (CIP) Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 3 regarding the approval of a small business incentive agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCION Texas, Inc. Council Member Martinez expressed concern regarding the formula used to reimburse ACCION Texas for the business loan. A brief discussion ensued regarding the formula. Director of Economic Development Irma Caballero stated that staff would request that ACCION provide a spreadsheet detailing a list of customers since inception of the program; the amount of funds requested for the buy down; the interest rate provided to each customer; and the funding provided by the 4A Board. Council members asked questions regarding the formula used; the underwriting criteria; the interest buy -down percentage; the number of prior loans that started at 12 %; the reimbursement to ACCION; whether staff has Attachment A; if ACCION only works with high risk loans; the Request for Proposal process; ACCION past performance; the size of the average loan; the effects of the program if approval of the contract is delayed; how the 5.5% buy down was determined; representation on the ACCION board; the ACCION headquarters; and the location of the local ACCION office. Ms. Martinez made a motion to defer action on the approval of the agreement with ACCION until August 12th. The motion was seconded by Mayor Garrett. The foregoing motion passed with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. -3- Minutes — Regular Council Meeting July 29, 2008 — Page 4 3. POSTPONED UNTIL 8/12/08 Resolution approving a Small Business, Incentive Agreement between the Corpus Christi Business and Job Development Corporation OA Board) and ACCI6N Texas, Inc. for an designee to cxccutc a Small Business Incentive Projcct SupportAgreementwith the Corpus Christi Busine"c and Job Development Corporation regarding implementation and administration of the ACCI6N Texas Small Business Incentive Agreement. Mayor Garrett opened discussion on Item 5 regarding the West General Aviation Apron Rehabilitation and Drainage Phase V Improvements. In response to Council Member Leal, Interim Director of Engineering Services Kevin Stowers stated that the Federal Aviation Administration (FAA) originally declined funding of the erosion work as the erosion was deemed minor. Mr. Stowers added that since erosion conditions have progressed, the FAA has requested that the City execute a change order for this work and has provided funding. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2008 -194 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a Construction Contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed $245,759 for a revised contractvalue of $7,918,270.20 for additional slope paving and repair of a headwall for the Corpus Christi International Airport West General Aviation Rehabilitation and Drainage Phase V Improvement Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the following public hearing on an amendment to the master sanitary sewer plan: 8. Public Hearing and Ordinance to consider amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area) by extending the boundary of Master Plan Basin 26 in the Allison Wastewater Treatment Plant Service Area to include approximately 50 acres owned by Turner Industries Group, LLC, including Turner Industries Tract, Block 1, Lot 1 and 24.559 acres out of the Consolidated El Paso Irrigation and Manufacturing Company Tract, State Survey 500, Abstract 582, Nueces County, Texas, that adjoins Turner Industries Tract, Block 1, Lot 1; providing for publication. Deputy Director of Development Services Johnny Perales explained that this item was the public hearing and proposed ordinance to adopt an amendment to the City's master sanitary sewer plan for the Allison area. Mr. Perales added that the proposed amendment provides for wastewater services to the Turner Industries project and provided a brief history of the project. Interim Assistant City Manager Angel Escobar stated that the City is continuing efforts for additional drainage in the Douglas Subdivision and Tuloso Road. Council members asked question regarding the area of land that would be serviced with wastewater that is currently not serviced; whether there is a sewer line down Leopard Street that will tie into the trunk line; whether this potential service area will include residential or additional -4- Minutes — Regular Council Meeting July 29, 2008 — Page 5 commercial development; whether Turner Industries is meeting their obligation for storm water runoff as the project progresses; whether the storm water plan worked as anticipated or does it have a negative impact to the neighborhood; whether the City anticipates addressing additional drainage to the area; whether the City is raising Tuloso Road; the number of jobs and pay scale anticipated to be created by Turner Industries; location of the residential subdivisions in proximity to the project; whether there is a wastewater line to the Turner property; the line that services the two residential subdivisions; whether City staff performed wastewater flow calculations to see if the developer's engineer calculations were correct; and the impact of the increased flow from the Turner development to the Allison Wastewater Treatment Plant. No one appeared in opposition to the amendment to the master sanitary sewer plan. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 027787 Ordinance to consider amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area) by extending the boundary of Master Plan Basin 26 in the Allison Wastewater Treatment Plant Service Area to include approximately 50 acres owned by Turner Industries Group, LLC, including Turner Industries Tract, Block 1, Lot 1 and 24.559 acres out of the Consolidated El Paso Irrigation and Manufacturing Company Tract, State Survey 500, Abstract 582, Nueces County, Texas, that adjoins Turner Industries Tract, Block 1, Lot 1; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 9 regarding increasing appropriations for water operational costs and unbudgeted increased fuel costs. Assistant Director of Management and Budget Eddie Houlihan explained that this item is a housekeeping item to remain in compliance with the City Charter which prohibits funds from overspending their total appropriations approved by the City Council. Mr. Houlihan added that the three major events that affected the expenditures in the Water Fund include the two citywide boil -water notices in August; an increase in allowance for doubtful account expenses for two large customers for disputed water bills; and increased chemical costs. Mr. Houlihan stated that the appropriation from the Maintenance Services Fund is due to unbudgeted increased fuel costs. Council members asked questions regarding the names of the two delinquent large utility customers; whether the City continues to sell water to the two delinquent large utility customers; the person who determined the calculation for the percentage that was attributed to the large utility customer's storm water costs; how the City would have responded to residential customers if the customers had elected to stop paying bills while disputing incorrect calculations; whether the contract with large utility customers requires them to pay for water; whether the large utility customers were in compliance with their contract; the timeframe that the two utility customers have been withholding payment of their bills; whether the two large customers are still paying their water bills but not the perceived storm water costs; the balance in the unreserved water fund; the language in the City Charter that prohibits funds from overspending; the amount paid to the Texas Commission on Environmental Quality (TCEQ) for the violations during the two water boil notices; the reason the federal government has placed a part of the City's coastal waters on the —5— Minutes — Regular Council Meeting July 29, 2008 — Page 6 contamination list; the flow from Corpus Christi Bay; whether the City continues to place signs for high levels of contamination; and consideration of action for large utility customers. Mayor Garrett called for comments from the audience. John Kelley, 413 Waco, stated that "We the People News" wrote an article regarding the costs associated with the water issues and spoke regarding conducting DNA testing on the bacteria to find the source of contamination at Corpus Christi Bay. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 027788 Ordinance appropriating $3,200,000 from the Unreserved Fund Balance in the Fund No. 4010 for Water Department Operational Costs; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing expenditures by $3,200,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 9.b. ORDINANCE NO. 027788 Ordinance appropriating $300,000 from excess revenues in the Maintenance Services Fund No. 5110 for unbudgeted increased fuel costs; changing the FY2007 -2008 Budget adopted by Ordinance 027352 by increasing both revenues and expenditures by $300,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 10 regarding an amendment to the Commercial Property Sale and Purchase Agreement between the City of Corpus Christi and Beach Center Corporation. Community Development Administrator Daniel Gallegos provided an update on the Ward Building (formerly Nueces Lofts project) including the original scope of the project; the Ward Building's eligibility for listing on the National Register of Historic Places; re- evaluation of the original plan; and the rehabilitation of the building. Mr. Gallegos added that this project is vital for the revitalization of downtown. Mr. William Hoover, developer, was present to respond to questions. Council Members asked questions regarding whether the developer will continue to move forward with the project; whether demolishing the first floor for parking is feasible; loss of parking spaces; whether the Ward Building will be demolished; whether the Ward Building is actually on the National Register of Historic Places listing; the reasons the Ward Building is considered eligible for the National Register of Historic Places listing; whether the City will own the building once the purchase is complete; a description of the lease hold interest; the current land owner; whether Mr. Hoover purchased the property from the current owner; whether Mr. Hoover received the deed to the property subject to the lease; the number of lofts in the Nueces Lofts; and additional parking spaces for the tenants of the lofts. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 29, 2008 — Page 7 10. MOTION NO. 2008 -196 Motion to authorize the City Manager or designee to execute a First Amendment to Commercial Property Sale and Purchase Agreement and documents necessary to acquire property from Beach Center Corporation located at 501/513 Chaparral Street aka Lots 1-4, Block 11, Beach Portion, Corpus Christ, TX (approximately 24,990 square feet). The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett called for petitions from the audience. Monica Sawyer, 429 Ashland, requested that the Ritz Theatre be considered as a Bond 2008 project. Lydia Montalvo, 4830 Rogerson, spoke regarding the sidewalk and drainage problems in the Manshiem area and asked the Council to support funding for the area. Jerry Garcia, Southside Youth Sports Complex, spoke regarding the location of the Southside complex and the location of the projects funded in the proposed Bond 2008 issue. Colin Sykes, 309 Aberdeen, spoke in support of funding the Ritz Theatre and revitalizing the downtown area. Cecilio Garcia, 4734 Ingram, asked the Council to continue to improve the Manshiem project from Gabriel Street to Rogerson Street. Jeff and Hope Fonseca, 4829 Kendall, spoke regarding the removal of the second phase of the Manshiem project from the Bond 2008 issue. Mr. Fonseca asked the Council to consider finishing the project in the Manshiem area. J.E. O'Brien, 4130 Pompano, spoke regarding tax increases; the effective tax rate; and adopting the budget based on the total valuation increase of 5 %. Mr. O'Brien asked questions regarding the actual valuation for the City. Mary Frances Arismendi, 2525 Wishbone Court, asked the Council to consider widening Williams Street from Staples Street to Airline Road. Jose Cortez, 4742 Nesbitt, addressed the problems in the Manshiem area including standing water during rain events; sewage in the homes; cracked sidewalks; and the corners not being ADA compliant. Lolly Bernal, 4838 Odem Drive, spoke regarding Phase 2 of the Manshiem project not included in the Bond election and the conditions in the area. Ms. Bernal asked for support for District 3. Roland Garza asked the Council to listen to the needs of District 3. Bob Algeo, 15629 Three Fathoms Bank Drive, thanked the Council for their work and spoke regarding the Padre Island Sea Turtle Recovery Program and the water tower logo. John Kelley, 3621 Austin, asked the Council to make decisions based on the priorities of the City and include those priorities in the Bond issue. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:38 p.m. on July 29, 2008. * * * ** * * * * * * ** —7— 2 CIVIL SERVICE BOARD /COMMISSION — Two (2) vacancies with terms to 6 -15 -09 and 6- 15 -11. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board Traditionally, the same member serves on the Board and Commission.) DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three -year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. ORIGINAL MEMBERS TERMS APPTD. DATES ** *Jose Moncada 6 -15 -09 8 -23 -05 *John Silvas, Chair 6 -15 -08 3 -08 -05 Eileen Butler 6 -15 -10 7 -11 -06 (Note: City Manager George X. Noe is recommending the reappointment of John Silvas and the new appointment of Jessica Davila - Burnett to the Civil Service Commission.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR John Silvas 3 3 100% OTHER INDIVIDUALS EXPRESSING INTEREST Melvin Bohannon Retired. Former Senior Human Resources Analyst, City of Corpus Christi. Received Bachelor Degree in History/Secondary Education and Masters Degree in History/Education Administration from Texas A &I University, Kingsville, Texas. Attended Numerous Military Schools including Post Graduate Work in International Relations. Served on Texas Stare Bar Grievance Committee. Recipient of Numerous Military Awards and Decorations. (8 -1 -08) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -11— Kathleen Cooper Sr. HR Advisory, H -E -B Grocery Company. Received Masters Degree in Occupational Training and Development from Texas A &M University- Corpus Christi. Activities include: SOKOL Hall Member, Society of Human Resource Management, Corpus Christi Human Resources Management Association, and St. Pius Catholic Church Children's Liturgy. (2- 27 -08) Jessica Davila -Bumett President and General Partner, Epic Sports and Entertainment, LP. Received A.A. in Liberal Arts from Del Mar College, Bachelors Degree in Psychology of Organizations and Development and Masters Degree in Organizational Development from University of the Incarnate Word, San Antonio, Texas. Activities include: Amistad Community Healthcare Center, Toys for Tots, YWCA, March of Dimes, Ronald McDonald House, and Leadership Corpus Christi. Recipient of Corpus Christi Under 40 Awards, Person of the Year, 2007 and KRIS -TV and Corpus Christi Caller -Times Jefferson Award Medallion Winner — April 2004. (8-13-08) Ryan Evans Vicki N. Garza Aircraft Mechanic, L -3 Vertex Aerospace. United States Marine Corp Veteran. Attending Del Mar College. Activities include: Former Vice President of Little Theater of Crittenden County. (2- 25 -08) Retired, Workforce Network, Inc. Graduate of Del Mar College and Received B.A. from St. Edwards University. Licensed Social Worker. Activities include: Board Member —MHMR, Board of Governors Board for South Texas Institute of the Arts, Precinct Chair for Nueces County Democratic Executive Committee, and Board Member for Corpus Christi Hispanic Chamber of Commerce. Recipient of Employee of the Year - Workforce Network, Inc. and Hispanic Businesswoman of the Year. (2- 25 -08) Jamie Hill Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (5 -8- 08) -12- Edward Frank Lewis Richard Miller Rita Sonia Padron Abel Sanchez Woodrow Mac Sanders Arthur J. Valdez Retired, Nueces County Sheriff's Department. Served in the United States Navy. Received AA in Law Enforcement and Additional Training from Pensacola Junior College. Attended Texas Corrections Standards Academy, Texas Law Enforcement Standards Academy, Del Mar Community College, Career Academy of Broadcasting, Atlanta, Georgia, and International School of Ministry, San Bemardina, California. Activities include. Republican Precinct Chairman. Recipient of Employee of the Month Tejas Kia. (3- 28 -08) Director, Kantar Operations. Received a Degree in Business. Activities include: CMOR, MRA, and Youth League. (6- 25 -08) Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) City Carrier, United States Postal Service and Construction Contractor. Attended College. Activities include: Volunteer Counselor and Facilitator for Alcohol and Drugs Coastal Bend and Veterans Center. (3- 13 -08) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (12- 10 -07) SAH Agent/Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: _Knights of Columbus, Church Activities, and LULAC. (5- 13-08) -13- 3 Requested Council Date: 8/19/08 Alternate Date: 8/26/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI- 0176 -08, based on low bid for an estimated six month expenditure of $1,656,814.00. The terms of the contracts will be for six months with options to extend for up to five additional six month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY08 -09. Univar Altivia Corpus Christi, Texas Houston, Texas Liquid Caustic Soda Sodium Hypochlorite Solution $1,300,940.00 $355,874.00 Total: $1,656,814.00 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The liquid caustic soda is used to adjust the pH level of the blended Nueces River — Lake Texana treated water to acceptable levels. The Lake Texana water has a lower pH than the Nueces River water and must be adjusted accordingly. The Sodium Hypochlorite Solution will be used for disinfection of treated effluent and for hydrogen sulfide odor control at the four Wastewater Treatment Plants. Previous Contract: The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: Twenty -Nine Bids Received: Five Price Analysis: Pricing for liquid caustic soda has increased approximately 101% since the last contract of October 2007. Pricing for sodium hypochlorite solution has increased approximately 8% since the last contract of October 2007. —17— Award Basis: Low Bid Requested Council Date: 8/19/08 Alternate Date: 8/26/08 Funding: Water Department FY -08/09 520010 -4010 -31010 $1,300,940.00 Wastewater Department 520010- 4200 -33100 520010 -4200 -33110 520010- 4200 -33130 520010- 4200 -33140 Michael t arrera, Assistant Director of Financial Services -18- Total $88,968.50 88,968.50 88,968.50 88 968.50 $355,874.00 $1,656,814.00 -6 I.- to $1,798,125.00 ial o o to oa co co co co to co 0 ID o co on to a- \ tri oti to co. co co or cc ec LEI OS CI o or n ow N- or 0 k ) ( ( } § § to ! ! ! ! ! ! ! .g Liquid Caustic Soda 50 % liquid caustic soda 25 % liquid caustic soda Unloading delays ea $1,300,940.00 Award Total: $1,656,814.00 Grand Total: 4 Requested Council Action: 8/19/08 Alternate Council Date: 8/26/08 COUNCIL MEMORANDUM A. APPROPRIATING AN AMOUNT OF $184,732 FROM THE TANKEL ESTATE RESERVE IN THE GENERAL FUND TO BE APPLIED TO THE PURCHASE OF TWO FIRE PUMPER TRUCKS; AND DECLARING AN EMERGENCY. B. RECOMMENDATION: Motion approving the lease purchase of two (2) ambulances and two (2) fire pumper trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). The ambulances and fire pumper trucks will be used by the Fire Department. Financing will be provided through the City's lease- purchase program. San Antonio Ambulance Sales, Inc. San Antonio, TX Items: 1 $202,858 Siddons Fire Apparatus, Inc. Houston, TX Items: 2 $799,946 Grand Total: $1,002,804 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Funding: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. One (1) unit is an addition to the Fleet and one (1) unit will replace an existing medical unit within the Fire Department, allowing EMS to maintain the existing level of service in the community. The fire pumper trucks will be used by Fire Department to respond to Fire suppression emergencies as well as first responders to medical calls. One (1) unit is an addition to the Fleet and one (1) unit is a replacement to the Fleet. The ambulances and the fire pumper trucks 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. The ambulances will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $44,284.08. Total estimated cost over the sixty -month period, including principal of $202,858.00 and interest of $18,562.40, is $221,420.40. General Fund — Fire - (9 months) 530190 -1020 -35100 Capital Outlay Item No. 2 & 3 —23— FY 08 -09 $33,213.06 Requested Council Action: 8/19/08 Alternate Council Date: 8/26/08 The two fire pumper trucks will cost $799,946. A private donation to the City in the amount of $184,732 is available to pay towards the cost. $89,774.86 will be used to pay for. seven (7) months payments on the trucks. The balance, $94,957, will be used as a down payment. The fire pumper trucks will be funded through the City's lease- purchase financing agreement for a sixty -month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $153,899.76. Total estimated cost over the sixty -month period, including principal of $704,989 and interest of $64,509.80, is $769,498.80. General Fund — Fire - (7 months) FY 08 -09 530190 -1020 -12010 $89,774.86 Capital Outlay Item No. 1 & IA The ambulances are scheduled for delivery in November 2008 and the fire pumper trucks are scheduled for delivery in January 2009. Funds will be requested by the Fire Department for FY09 -10 and all subsequent budget years. Michael Barrera Assistant Director of Financial Services —24— F- LU o CO • O w0 U J. m 0 O 0 Z - O -Qo • 0LLIF o—.c0 O Sre U H » O O 3.00 v 0) N 0 c d C U -5a- o 0 O O 0 rn v o O O7 O O n n e9 4, O O 0, n rn rn 0) P7 U Z 0 W -J w U Z • 0 CO Q CO • w Q Q O 00 H H Q Q zz CO 40 Q Q 17 N N 0 C m X C U Da` - z D 0 0 0 O O 03 CO 0 0 co co_ N N O o N N H3 ES w W H N Award Total Grand Total: ORDINANCE APPROPRIATING AN AMOUNT OF $184,732 FROM THE TANKEL ESTATE RESERVE IN THE GENERAL FUND TO BE APPLIED TO THE PURCHASE OF TWO FIRE PUMPER TRUCKS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $184,732 from the Tankel Estate Reserve is appropriated out of the General Fund to be applied to purchase the two fire pumper trucks. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 19th of August, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM: 04- Aug -08 By: N. Veronica Ocanas Assistant City Attomey for City Attorney OR190R ORD Ann S1R4732 Tankel Resv 2 numner truck 6 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 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 081908 ORD App 8184,732 Tankel Resv 2 pumper truck 7 5 Requested Council Date: 08/12/08 Alternate Date: 08/19/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with M. T. Deason Company, Birmingham, AL, for hot tap fittings in accordance with Bid Invitation No. BI -0182- 08 based on low bid for an estimated annual expenditure of $67,478.75. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve- month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 08/09. Purpose: The fittings are used to tap into existing pressurized natural gas lines to block off a section of line in need of repair or to add an additional line for a new gas service. Previous Contract: The option to extend the previous contract was not exercised due to revisions made to the specifications. Bid Invitations Issued: 3 Bid Invitations Received: 3 Price Analysis: Pricing has decreased 15% since the last contract of February 2007 due to increased competition. Basis of Award: Funding: di%1 Mi •el Barrera Low bid. Gas Department 4130 - 34130 - 520160 FY 08/09 $67,478.75 Assistant Director of Financial Services -31- U co z �- coz O 52 w o< cc z O < O m co 9 O N 0 o C O a) Z co C C (a O w N c F v o 0 2 0 6 00 00 00 00 00 00 0 0 0 00 ? w O 0N 0 6 N- 0 < U (0 0) V V (n Z H (0 r V CO N 0 0 r co O I- 0_ (A r n 0 r r r r 0) 2 Q O O O O O O O O J..l o w o o O O O O O O H U CO (00 CO 0) CO 0 m N- 0 IC wz E fR M V O) M co V dsD0_ <- H I- < W U • — zX1-a — H wz H 0 F-�HU D O Z 2 o cc w U 0 o 0 0 0 O 0 0 o 0 N 0 0 0 0 0 0 N Lri 00) r M O <f ▪ co N O 00) O r- co N IN 0 O 0) 0) 1.6 oa ui oo 0) CO 05 o 9 r r- 0 LO 03 0 V CO 0 0 N • 0 0 0 N CO ▪ N 0) CO OO CO CO (n CO DESCRIPTION i0 N 0 O O O O o w n m (0 0 0 co 10 n- - • ▪ N ▪ aO • CO o (• 0q r N- o • 0 0 0 0 0 69 • 0 CO 0 r co CO 0 CO O V 9 CO d 0 0 o v N to It co to o ✓ r le Tee Fittin J H O 0 0 0 a1)) a0) aa)) aa)) 1- o 0 in o o v r N V O O a) a) a) a) N V O dO d d 0.. ▪ 0. O O O 0 0 01 C 0) 0) • 0 CO (/) CO CO CO LL LL lL LL O O O O d a) a) a) a) c c c c • d 2 N 2 H U 0 0 0 H .c .c - H r N C) V O . r N 0) V r r r r N N N N N 6 Requested Council Action: 08/19/08 Alternate Date: 08/26/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with F. A. Richard & Associates, Inc. of Mandeville, LA for workers' compensation third -party administration services, in accordance with Request for Proposal Number BI- 0053 -08, for an estimated two - year expenditure of $1,086,935.38, of which $493,228.72 is required for the remainder of FY 08- 09. The term of the service agreement will be for two years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's workers' compensation claims. Funds are budgeted in the Liability and Employee Benefits Workers' Compensation Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Award Basis: Funding: The City of Corpus Christi is self - insured for workers' compensation. As such, all workers' compensation claims and related expenses are paid by the City out of the Liability and Employee Benefits Workers' Compensation Fund. The third -party administrator (TPA) ensures injured employees receive weekly compensation and that all reasonable medical expenses, as required by law and in compliance with the provisions of the Texas Worker's Compensation Act, are paid on behalf of the injured worker. Additionally, the TPA is responsible for investigating claims, providing claims experience data, technical systems and cost containment of claims. Cost containment may include: utilization and peer reviews, pre - authorizations and auditing of medical bills. A request for proposal was advertised and issued to sixteen service providers. Seven proposals were received. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Fee Schedule and Exceptions. An evaluation team comprised of representatives from Human Resources, Fire, Police, Water, Solid Waste, Risk Management and Purchasing reviewed the proposals and scored each according to the criteria above. F. A. Richard & Associates, Inc. is recommended for award as it earned the highest overall score and represents the best overall value to the City. Liability and Employee Benefits Workers' Compensation Fund 5612- 40510 - 537200 $286,072.66 f :12- 40510 - 537340 $207,156.06 1 Michael Barrera Assistant Director of Financial Services —35— a 0 Z d in 0 R w K c co E2 c Q O tra t 63 7 am P. r t, A O E W 7 C d a E O 0 d CAMBRIDGE INTEGRATED SERVICES San Antonio, TX Dee N.--N • e h N N p 01 tI IE is f0 0 O N N N. ZATIVE { M O o O N� 0' r- AN & C. e* in .4% e O e n N O O' Y n eve e JI SPECIALIT SERVICES, It Austin, TX 't t h O m N N 50.9 0 0 eeee e MI A" - ONO co 77;20o F.A. RICHARD & ASSOCIATES, INC. Mandeville, LA e O)N-O eee e W c0N C1 N T ,6 m co q E 7 m n E eca 9 N 0' 2 N W m Z O d 2 Q W z O — 9 w5" -o Do-q0. CLODCE 00000 10 0 W > N 0 0 qq N O 6 m F K 1n10,0 M N M 0 9E— N M 0 O 63 ea a N a To 0 M c C J o W o 00 2 d Q N „ID c 0 .2 V N L O 0 30 =ocou- H0.LL W Fo F-- 0 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: 08119/08 Motion authorizing the City Manager or designee to execute an amendment to the FY2007 Community Development Block Grant agreement with the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place, revising the scope of work from rehabilitation to acquisition. ISSUE: Nonprofits awarded Community Development Block Grant (CDBG) funds from previously Consolidated Annual Action Plan (CARP) year's which need to be amended must be approved by the City Council. PREVIOUS COUNCIL ACTION: 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 from the CDBG program the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place project. REQUIRED COUNCIL ACTION: Authorizing the City Manager or designee to amend the scope of work from rehabilitation to acquisition for the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place project from funds provided from the FY2007 CDBG program. FUNDING: FY2007 CDBG Program - $40,000 RECOMMENDATION: Authorizing the City Manager or designee to amend the scope of work from rehabilitation to acquisition for the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place project from funds provided from the FY2007 CDBG program. Daniel Gallegos J CD Administrator —39— r BACKGROUND INFORMATION The Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place have been given an opportunity to purchase a new facility rather than try to renovate their current facility. As a result, they are requesting to redirect CDBG funding and amend the scope of work from rehabilitation of their current facility at 24 North Country Club to acquisition of real property at the corner of McBride Lane and Interstate 37. This new facility is over three times the size of their current location and will allow the opportunity to serve many more clients per year. The end - beneficiaries of their programs will remain unchanged. As a result, meeting the CDBG national objective remains constant. The total cost of the project which includes acquisition and renovation is approximately $4.5M, and approximately 50% of the resources have been secured and /or pending to date. Anticipated closing for property acquisition will be in September 2008, and timeline for renovations to be completed will take 12 to 18 months thereafter. Any resources not secured at the time of closing will financed by Charlie's Place. Staff recommends amending the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place project by revising the scope of work from rehabilitation to acquisition from funds provided from the 2007 CDBG program. —40— CITY COUNCIL AGENDA MEMORANDUM Date: 08119108 AGENDA ITEM: Motion approving a change in scope to the 2007 Community Development Block Grant project for the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place from rehabilitation to acquisition and authorizing the City Manager or designee to execute all necessary and related documents. ISSUE: Subrecipient's receiving Community Development Block Grant (CDBG) funding from a previous approved Consolidated Annual Action Plan (CARP) year which are proposing to amend their scope of work need approval by the City Council. PREVIOUS COUNCIL ACTION: On August 28, 2007, the City Council amended the FY2007 Consolidated Annual Action Plan for Community Planning and Development Programs (Motion 2007-224). Included in this action was the approval from the CDBG program the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place project. REQUIRED COUNCIL ACTION: Authorizing the City Manager or designee to amend the scope of work from rehabilitation to acquisition for the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place project with funds provided from the FY2007 CDBG program. FUNDING: FY2007 CDBG Program - $40,000 RECOMMENDATION: Authorizing the City Manager or designee to amend the scope of work from rehabilitation to acquisition for the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place project with funds provided for the FY2007 CDBG program. u ,. Da iel Gal ego r. CD Administrator BACKGROUND INFORMATION The Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place have been given an opportunity to purchase a new facility rather than try to renovate their current facility. As a result, they are requesting to redirect CDBG funding and amend the scope of work from rehabilitation of their current facility at 24 North Country Club to acquisition of real property at the corner of McBride Lane and Interstate 37. This new facility is over three times the size of their current location and will allow the opportunity to serve many more clients per year. The end-beneficiaries of their programs will remain unchanged. As a result, meeting the national objective remains constant. Although the CDBG project entails funding for acquisition cost only, the total cost of the project which includes acquisition and renovation is approximately $4.5M, and approximately 50% of the resources have been secured and/or pending to date. Anticipated closing for property acquisition will be in September 2008, and timeline for renovations to be completed will take 12 to 18 months thereafter. Any resources not secured at the time of closing will be financed by Charlie's Place. Staff recommends approving a change in scope to the 2007 Community Development Block Grant project for the Coastal Bend Alcohol and- Drug Rehabilitation Center dba Charlie's Place from rehabilitation to acquisition and authorizing the City Manager or designee to execute all necessary and related documents. 8 AGENDA MEMORANDUM August 19, 2008 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility. AMENDMENT: The City selected PGAL for Airport engineering services through an RFP for a multi -year service agreement. The agreement is amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. CONSULTANT SELECTION /PROJECTS: A Request for Proposals was issued and the firm of Pierce Goodwin Alexander Linville (PGAL) was hired in 2004. This amendment provides for the engineering services necessary to proceed with the currently funded FAA projects. The projects approved by FAA for design includes the: • CCIA Perimeter Road Improvements; • CCIA Airport Rescue and Firefighting Facility; and • CCIA Airfield Equipment and Maintenance Facility. The local sub - consultant on the projects will be Martinez, Guy and Maybik. Geotechnical services will be administratively authorized and provided by the local PSI office. FUNDING: Funding is available from the Airport Capital Reserves and FM Grants. RECOMMENDATION: Approval of the motion as presented. Woe,. t • • S Fred Segundo Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map Kevin R Stowers Interim Director of Engineering Services H:\HOME\KEVINS \GENWIR_ restored 120041mprovements■AE -PGA. EAmd15AwdMemo.doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City has successfully utilized a multi -year engineering contract to take advantage of year end FAA Discretionary funds. The FAA typically requires that a contract be awarded and the funds encumbered prior to the end of their fiscal year. The ability to meet these time constraints requires that the City have a consultant already under contract. This allows the design of eligible projects that have been discussed with the FAA to proceed. CONSULTANT SELECTION: A Request for Proposals was issued and the firm of Pierce Goodwin Alexander Linville (PGAL) was hired in 2004. This amendment represents the first set of projects to be undertaken after the initial four projects which included: • Runway 13/31 Rehabilitation, Blast Pads and Shoulders Improvements; • Airfield Drainage Improvements, Phase 3; • Runway 13 Localizer Relocation; and • CCIA Master Plan Update. The local consultants on the projects include Martinez, Guy and Maybik. CONTRACT SUMMARY: The contract will permit the City to respond quickly to FAA Discretionary Funding that becomes available. This is the second year of a five year term. The two projects that will be addressed through this amendment are: Rehabilitation of West General Aviation Apron; and Airport Drainage Phase 5 Improvements. A contract summary is attached. See Exhibit B. FUNDING: Funding is initially available from Airport Capital Reserve Funds. FAA Grants will reimburse the City and fund 95% of the cost for this contract. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. —44— EXHIBIT A Page 1 of 1 CONTRACT SUMMARY PGAL will provide the following services: BASIC SERVICES Preliminary Design Phase — PGAL will: 1. Confer and attend meetings with City representatives and other interested parties on project requirements, finances, schedules, project phasing, and other pertinent matters. 2. Make initial and other site visits as required to verify field survey information and location and condition of existing project features. 3. Review existing data, reports, and documents pertaining to the project site and areas affected by the project improvements. 4. Develop preliminary plan layouts for the Taxiway System, and signage. 5. Coordinate with utility companies as needed. 6. Coordinate with Surveying, and Geotechnical subconsultants. 7. Prepare preliminary estimates for design alternatives. 8. Prepare 30% Design Submittal and coordinate reviews and handling of comments, including various alternatives for design consideration. Design Phase — PGAL will: 1. Conduct and attend meetings and design conferences to obtain information and to resolve design matters. 2. Collect engineering data and make field investigations, engineering studies, and surveys necessary for design of the chosen alternatives. 3. Prepare necessary reports and recommendations for CCIA representatives to make informed decisions on design issues. 4. Prepare detailed plans, specifications, estimates, and bid documents to submit for City and FAA review and approval. All bid documents will be in accordance with appropriate FAA advisory circulars and orders and will include project layout, plan and profile sheets, existing and proposed typical sections, grading contours, utility base maps, taxiway paving details, taxiway repair details, drainage plans and details, striping plans and details, taxiway signage and lighting plans and details, temporary and permanent erosion control features, and other appropriate FAA documentation requirements. 5. Provide 60% and 100% complete plan and bid documents for City Airport and FAA staff review. Coordinate all review comments and incorporate as appropriate. 6. Prepare construction phasing and sequencing plans. 7. Prepare Storm Water Pollution Prevention Plans. 8. Prepare details for barricading and traffic control. 9. Prepare miscellaneous project features and details. Bidding Phase — PGAL will: 1. Participate in pre -bid conference. Exhibit B Page 1 of 6 —45— 2. Review all pre -bid questions and prepare addenda as necessary for City approval. 3. Assist in solicitation of bids by identification of prospective bidders and review of bids by solicited interests. 4. Attend bid opening, analyze bids, prepare bid tabulations, and make recommendation regarding award of contract. 5. Confer with City and Airport staff and make plan revisions as necessary for readvertising the project for bid if the lowest responsible bid exceeds available funding at no additional charge to the City. Construction Phase (Construction Administration) — PGAL will: 1. Provide consultation and advice to the City and other governmental authorities during all phases of construction. 2. Participate in pre- construction conference. 3. Review and approve shop and working drawings and material and /or equipment submittals. 4. Provide interpretations and clarifications of plans and specifications. 5. Advise CCIA representatives on minor changes that do not affect cost and /or quality of the Contractor's work. 6. Prepare and negotiate change orders and supplemental agreements that are necessary. 7. Inspect work periodically and provide appropriate reports to the City's project manager, inspector, and contractor. 8. Review and coordinate contractor's progress schedule and critical path updates with the contractor and City and Airport representatives. 9. Review contractor pay requests for progress and final payments. 10. Make pre -final and final inspections with City and Airport staff and provide a Certificate of Completion for the project. 11. Review contractor's as -built construction drawings and prepare records of project as constructed. ADDITIONAL SERVICES A. ADDITIONAL SERVICES (ALLOWANCE) This section defines the scope (and Allowance) for compensation for additional services that may be included as part of this contract. The fee for such services will be negotiated when required. The NE will, with written authorization by the Director of Engineering Services, do the following: Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Wetlands Delineation and Permit b. Temporary Discharge Permit c. NPDES Permit/Amendments Exhibit B Page 2 of 6 —46— d. Texas Commission on Environmental Quality (TCEQ) Permits /Amendments e. Nueces County f. Texas Historical Commission (THC) g. U.S. Fish and Wildlife Service (USFWS) h. U.S. Army Corps of Engineers (USACE) i. United States Environmental Protection Agency (USEPA) j. Texas Department of License and Regulation (TDLR ) Topographic Survey. Topographic survey for the project is authorized and does not require written authorization by the City's Director of Engineering Services. PGAL will proceed with the authorized topographic survey necessary to design the projects upon receipt of the executed contract and notice to proceed. PGAL will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. Environmental Assessments a. provide environmental site evaluations and Archeology Reports that are needed for the Project, and b. identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. Construction Observation Services. Provide Project Observation services including day -to -day detailed coordination with the City's staff and testing laboratory. Start-up Services. Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms Exhibit B Page 3 of 6 —47— of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. If applicable, provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P &IDs, loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie -in lists, piping lists, equipment lists, and instrumentation specification sheets. Summary of Fees: Exhibit B Page 4 of 6 —48— Total Original Contract Total Authorized Fee (Runway 13/31, Drainage Ph. 3, Airport Beacon Relocation & Master Plan Update) $1,375,025 Amendment No. 1 0 Pavement Repair Design Services 6,340 Amendment No. 2 0 Runway Guard Light System Design Services 4,785 Amendment No. 3 0 Drainage and Slope Grade Deficiency Corrections 6,700 Amendment No. 4 0 Open Cut and Repair Taxiways A, B, D & E Design 22,658 Amendment No. 5 0 West General Aviation Apron Rehabilitation 236,907 Drainage Phase V 140,043 Amendment 5 Fee 376,950 Amendment No. 6 0 Title Research 22,000 Amendment No. 7 0 Benefit Cost Analysis Extending 13/31 75,000 Amendment No. 8 0 BCA Extend 13/31 Additional Presentations 8,000 Amendment No. 9 0 Master Plan — Additional Presentations 8,000 BCA Extend 13/31 Additional Presentations -8,000 Amendment No. 10 0 Drainage Line MD -1 Repairs 5,610 Amendment No. 11 0 Exhibit B Page 4 of 6 —48— Taxiway System Rehabilitation, and 0 Total Taxiway Rehabilitation Fee 94,000 Taxiway System Signage /Lighting Rehabilitation 0 Total TW Signage /Lighting Fee 50,000 Drainage Improvements Phase VI 0 Total Drainage Ph. VI Fee 183,000 Total Fee Amendment No. 11 327,000 Amendment No. 12 0 Additional Services: 0 Surveying 9,336 Total Fee Amendment No. 12 9,336 Amendment No. 13 0 Bid Phase Services — Revise Drainage Phase VI as Additive Alternate 1,500 Total Fee Amendment No. 13 1,500 Amendment No. 14 Conceptual Planning — Rental Car Facilities 14,100 Total Fee Amendment No. 14 14,100 Amendment No. 15 Perimeter Road Improvements 0 Basic Services: 0 Preliminary Phase Services 6,000 Design Phase Services 92,900 Bid Phase Services 3,026 Construction Phase Services 26,590 Additional Services: 0 Surveying 50,505 Total Perimeter Road Improvements 179,021 Airport Rescue and Firefighting Facility Basic Services: 0 Preliminary Phase Services 2,600 Design Phase Services 0 Pavement Design & Documentation 70,000 Building Design and Documentation 53,900 Bid Phase Services 3,000 Construction Phase Services 25,012 Additional Services: 0 Surveying 15,532 Total Airport Rescue and Firefighting Facility 170,044 Exhibit B Page 5 of 6 -49- Equipment Airfield Equipment and Maintenance Facility Basic Services: Preliminary Phase Services (Scope and Site Location - 15% Design) 25,000 Airfield Equipment and Maintenance Facility 25,000 Total Fee Amendment 15 374,065 TOTAL AUTHORIZED FEE 2,629,069 Exhibit B Page 6 of 6 —50— File : \ Mproject \councilexhibits \exh1018.dwg PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE CESAR CHAVEZ BLVD. hIWY 44 AGNES RD. SITE PLAN NOT TO SCALE AIRPORT ENTRANCE AIRPORT TERMINAL AIRPORT RESCUE AND FIREFIGHTING FACILITY EXHIBIT "C" CCIA AIRFIELD PERIMETER ROAD IMP- ROVEMENTS, AIRPORT RESCUE & FIRE- FIGHTING FACILITY AND AIRFIELD EQUIP - AND MAINTENANCE FACIEMY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -12 -2008 MOM ImMI WOO 9 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: August 19, 2008) Case No. 0608 -01, Dr. Pedro Diaz: A change of zoning from a "F -R" Farm -Rural District to a "B -4" General Business District on property described as being a 20.36 acre tract out of lots 23 and 24, Section 20, Flour Bluff Encinal Farm and Garden Tracts located along the west side of Rodd Field Road between Brooke Road and Slough Road. Planning Commission's Recommendation (June 25, 2008): Denial of a "B -4" General Business District, and in thereof, approval of a "RIB" One - family Dwelling District on four acres out of Lot 23, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 1), located across from Brooks Road, and approval of a "B -4" General Business District on 16 acres of Lot 24, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 2), located along Rodd Field Road. Staff's Recommendation: Denial of a "B -4" General Business District, and in lieu thereof, approval of a "R -1B" One - family Dwelling District on Tracts 1 and 2. Requested Council Action: Denial of a "B -4" General Business District, and in lieu thereof, approval of a "R -1B" One - family Dwelling District on four acres out of Lot 23, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 1), located across from Brooks Road, and approval of a "B -4" General Business District on 16 acres of Lot 24, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 2), located along Rodd Field Road. Staffs Summary: • Request: The applicant has stated in the rezoning application that the purpose of the request is to change the "F -R" Farm and Rural District to a `B -4" General Business District to provide commercial developers an opportunity to service surrounding residential developments, such as the Vineyard and Terra Mar, Rancho Vista, etc. The B -4 District allows for numerous uses such as retail sales uses, auto repair, offices, restaurants, medical uses, supermarkets, lounges and taverns. The applicant has not submitted a site plan for the site or specific type of commercial development. - • Zoning: The purpose of the "FR" District is to allow outlying areas inside the city to continue to be used for agricultural purposes until sufficient public services and infrastructure are available for urban development. Article 31. Newly Annexed Territory, states that unless another district is more appropriate that newly annexed land shall be annexed with the "F -R" District. In 1995, the subject property was annexed and zoned with the "F -R" District. Article 24. Height, Area and Bulk provides for a minimum lot size of five acres and no other limitations than limited agricultural and residential uses. • The purpose of the `B-4" General Business District is to "...provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities. However, the district does not allow open storage, extensive warehousing, heavy truck activities, or nuisance factors of dust, odor, and noise associated with manufacturing." The `B -4" District is ideally used for regional or community scale activities such as the major shopping facilities in Corpus Christi, but the district has also been used for many smaller scale commercial areas within the community. The `B -4" General Business District contains a 20 foot front yard setback, a 10 foot side and rear yard set back when adjacent to residential districts, otherwise no setback is required. Height in the `B -4" District is unlimited and allows up to 36.3 dwelling units per acre. One family dwellings are allowed provide they are on lots of at least 50 feet wide and 6,000 square feet in area. -55- Agenda Memorandum Case No. 0608 -01 (Dr. Pedro Diaz) Page 2 • The subject property consists of 20.36 acres proposed for rezoning to permit undisclosed retail uses. Typically one acre is needed for each 10,000 square feet of commercial store area therefore, the subject property could be developed with a 200,000 square foot retail store. Commercial development consisting of a 200,000 square foot structure is considered a community use which would serve a three to five mile area. • Commercial development is classified in The Practice of Urban Planning, as falling into three major categories. o Neighborhood Commercial - Service population of 5,000 to 50,000 with a service area of one to two miles, up to 100,000 square feet of gross leaseable building area on five to ten acre sites. Types of stores: high turnover convenience shopping and may include a grocery store. o Community Commercial - Service population of 50,000 or more with a service area of 3 to five miles, generally containing 150,000 to 300,000 square feet of gross leaseable building area on fifteen to thirty acre sites. Type of stores: small shopping centers, freestanding department stores, discount stores (not in a mall). o Regional Commercial - Service population of 150,000 or more with a service area of five to fifteen miles or more, generally containing 500,000 or more of gross leaseable building area on fifty acre sites. Types of stores: large shopping centers, enclosed malls, super centers, etc. • Market Analysis: Attachment 10 illustrates that there currently exists 4,629 acres of commercially zoned property within a five mile radius of the subject property. o Within the five mile radius the Metropolitan Planning Organization has estimated that by 2050 the area could contain a population of 225,000. Based on the minimum required population for a community commercial site the 225,000 population could support 4 to 5 community sized shopping centers with a total acreage of 150 acres. o Assuming that the five mile population will also need to be served by neighborhood commercial uses it is estimated that 225,000 could support 45 sites at ten acres per site for a total of 450 acres. o Regional shopping needs must also be served. Reserving two regional shopping sites of 100 acres each would require a total regional shopping area of 200 acres. o Based on the analysis of the five mile area and 4,629 acres of existing zoned commercial property, all regional, community and neighborhood shopping need could easily be served on 800 acres. This analysis suggests that the southside is greatly over zoned with commercial zoning leaving a balance of over 3,500 acres. • Existing Land Uses: The 20 acre site is currently vacant undeveloped property. Immediately north of the property between the subject tract and Brooke Road is Master Drainage Ditch 27 (180 foot wide). North of Brooke Road is a residential subdivision, a mini - storage use, two single family residences and a small warehouse at the corner of Rodd Field and Brooke Road. East of the subject property across Rodd Field is vacant undeveloped land. Adjacent to the property on 'the south is a private club and to the west is a church, ranch land and two ranch houses. • Utilities, Water and Wastewater: o Water - A 30" water transmission line is located on the west side of Rodd Field Road and a 12" water distribution lines is located . long the east side of Rodd Field Road. -56- Agenda Memorandum Case No. 0608-01 (Dr. Pedro Diaz) Page 3 o Wastewater - The subject property is located in the Wastewater Master Plan Service Area of SPA -30 adopted in 2005. Portions of the SPA -30 have been built or are nearing completion. The proposed rezoning is not consistent with the land use assumptions used to size the SPA -30 infrastructure. The SPA -30 amendment was based on low density residential development of the subject property. The proposed rezoning would allow density and intensity of uses that exceed the SPA -30 Plan amendment. o Water and Wastewater Analysis - 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 commercial development is 154 gallons per day per 1,000 square fee of gross building area and 280 gallons per day per residential dwelling unit. The demand for wastewater for a commercial use is 138 gallons per day per 1,000 square fee of gross building area and 250 gallons per day per residential unit. o Given a 200,000 square foot commercial development vs a 101 single family dwellings the water demand comparison is 30,800 gallons per day (commercial) vs 28,280 gallons per day (residential). The wastewater demand comparison is 27,600 gallons per day (commercial) vs 25,250 gallons per day (residential). The impact of a commercial development and a single family development for water and wastewater is approximately the same. o However, the proposed zoning allows for multi- family development at up to 36.30 units per acre compared with the single family density of development at 7.26 units per acre. Most multi- family developments on the Southside have been developed at 25 to 30 units per acre and single family at five units per acre. The impact comparison between multi- family development vs single family development would be approximately five to six times the impact of a single family development. Therefore, if the property was developed as multi - family, or a portion for multi - family, the difference to water and wastewater systems could be significant. An engineering study would be needed to identify the impact and to estimate, potentially costly public capital improvement costs to address the demand. • Utilities, Stormdrainage: In 2005, City Council amended the City's Stormwater Plan to include a new drainage ditch called Master Drainage Ditch 27. The 173 foot wide ditch is between the subject property and Brooke Road. The change from residential use to commercial uses can create an increase of three to four times the runoff. A site plan and engineering study would be need to specifically determine the difference in runoff amounts. The proposed rezoning is not consistent with the land used assumptions used to size the Master Drainage Ditch 27. The proposed rezoning would allow uses that would exceed the drainage characteristics of single family uses assumed when sizing the ditch. • Transportation, Existing and Proposed Improvements: The subject property has 1,083 feet of frontage on Rodd Field Road. Rodd Field Road contains two 12 foot lanes and two 10 foot shoulders. Traffic counts for 2006 indicate 4,692 trips per day. Rodd Field Road is designated in the Urban Transportation Plan as an A -3 Primary Arterial with 130 feet of right -of -way, six lanes and a median. The Transportation Plan indicates a future capacity of 36,000 trips per day at Level of -57- Agenda Memorandum Case No. 0608 -01 (Dr. Pedro Diaz) Page 4 Service C.` Currently, there is not any city or state funding for improvement of Rodd Field Road between Saratoga and Yorktown. The property does not have frontage on Brooke Road as the city recently purchase property from the property owner for Master Drainage Ditch 27 along this section of Brooke Road. However, a culvert was constructed to provide one crossing of the ditch to Brooke Road from the subject property. The culvert is located near the western edge of the subject tract. Brooke Road is a designated C -1 Neighborhood Collector street with two lanes and 60 feet of right -of -way. The capacity of a C -1 is 8,250 trips per day in the Urban Transportation Plan. • Transportation, Trip Generation Analysis: The estimated trip generation from the Adopted Future Land Use Plan for single family uses is compared below to the trip generation from the proposed rezoning. In addition, an estimate of future trips based on the currently vacant land proposed in the adopted Future Land Use Plan has been estimated for the Airline / Rodd Field and Yorktown / Rodd Field intersections. Notification: Of the twenty -eight (28) notices mailed to the surrounding property owners within the 200 foot notification area zero (0) were returned in favor and seven (7) were retumed in opposition. The 20% rule is not invoked. However, this case is considered controversial due to outside opposition (203 signatures on petition). 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, AICP Assistant City Manager of Development Services FGM /blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (June 25, 2008) 3) Ordinance Level of Service (LOS) is a traffic engineering method of ranking the function of a street to carry traffic. LOS C is defined by the Transportation Research Board as "Stable flow, periodic delays between 20 and 35 seconds ". -58- Zoning Report Case No. 0708 -03 (Texas Funding Corporation) Page 5 Staff Recommendation: Denial of the `B -1" Neighborhood Business District and approval of an "A -2" Apartment House District with a Special subject to the following seven (7) conditions. 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 3. Parking: Required off - street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non - medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off -street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off -street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Denial of the "B-1" Neighborhood Business District and approval of an "A -2" Apartment House District with a Special Permit subject to the following seven (7) conditions. 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 3. Parking: Required off - street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non- medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off - street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off -street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —59— CITY COUNCIL ZONING REPORT Case No.: 0608 -01 City Council Hearing Date: August 19, 2008 Applicant: Dr. Pedro Diaz Owner: Same as Above Agent: Cliff Atnip, Cobb, Lunquist and Atnip, Inc. Legal Description/Location: Being four acres out of Lot 23, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 1), across from Brooks Road, and 16 acres out of Lot 24, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 2), located along Rodd Zoning Request From: "F -R" Farm and Rural District To: "R -1B" One - family Dwelling District on Tract 1 and `B -4" General Business District on Tract 2 Area: 20.36 acres / 886,881.6 square feet Purpose of Request: Speculative zoning to allow for unspecified commercial uses Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -R" Farm and Rural District Vacant Single Family (Low Density Residential) North "F -R" Farm and Rural, "R -I B" One - family Dwelling and `B -4" General Business District Drainage Ditch 27, Commercial and Single Family Drainage Corridor, General Commercial, Single Family South "F -R" Farm and Rural and `B-4" General Business District Vacant and Commercial (Bar/ Private Club) Single Family and Commercial East "R -1B" One Family Dwelling District Vacant Single Family West "F -R" Farm and Rural District Vacant and a Church Single Family, Medium Density Residential and Public Semi - Public ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan. The proposed use and zoning is not consistent with the adopted Future Land Use Plan which designates the area for single family residential uses. Map No.: 042031 Zoning Violations: None —60— Zoning Report Case No. 0608 -01 (Diaz) Page 2 STAFF SUMMARY • Request: The applicant has stated in the rezoning application that the purpose of the request is to change the "F -R" Farm and Rural District to a `B -4" General Business District to provide commercial developers an opportunity to service surrounding residential developments, such as the Vinyard and Terra Mar, Rancho Vista, etc. The B -4 District allows for numerous uses such as retail sales uses, auto repair, offices, restaurants, medical uses, supermarkets, lounges and taverns. The applicant has not submitted a site plan for the site or specific type of commercial development. • Zoning: The purpose of the "FR" District is to allow outlying areas inside the city to continue to be used for agricultural purposes until sufficient public services and infrastructure are available for urban development. Article 31. Newly Annexed Territory, states that unless another district is more appropriate that newly annexed land shall be annexed with the "F -R" District. In 1995, the subject property was annexed and zoned with the "F -R" District. Article 24. Height, Area and Bulk provides for a minimum lot size of five acres and no other limitations than limited agricultural and residential uses. • The purpose of the `B -4" General Business District is to "...provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities. However, the district does not allow open storage, extensive warehousing, heavy truck activities, or nuisance factors of dust, odor, and noise associated with manufacturing." The `B-4" District is ideally used for regional or community scale activities such as the major shopping facilities in Corpus Christi, but the district has also been used for many smaller scale commercial areas within the community. The "B -4" General Business District contains a 20 foot front yard setback, a 10 foot side and rear yard set back when adjacent to residential districts, otherwise no setback is required. Height in the `B-4" District is unlimited and allows up to 36.3 dwelling units per acre. One family dwellings are allowed provide they are on Tots of at least 50 feet wide and 6,000 square feet in area. • The subject property consists of 20.36 acres proposed for rezoning to permit undisclosed retail uses. Typically one acre is needed for each 10,000 square feet of commercial store area therefore, the subject property could be developed with a 200,000 square foot retail store. Commercial development consisting of a 200,000 square foot structure is considered a community use which would serve a three to five mile area. • Commercial development is classified in The Practice of Urban Planning, as falling into three major categories. o Neighborhood Commercial - Service population of 5,000 to 50,000 with a service area of one to two miles, up to 100,000 square feet of gross leaseable building area on five to ten acre sites. Types of stores: high turnover convenience shopping and may include a grocery store. o Community Commercial - Service population of 50,000 or more with a service area of 3 to five miles, generally containing 150,000 to 300,000 square feet of gross leaseable building area on fifteen to thirty acre sites. Type of stores: small shopping centers, freestanding department stores, discount stores (not in a mall). o Regional Commercial - Service population of 150,000 or more with a service area of five to fifteen miles or more, generally containing 500,000 or more of gross leaseable building area on fifty acre sites. Types of stores: large shopping centers, enclosed malls, super centers, etc. -61-- Zoning Report Case No. 0608 -01 (Diaz) Page 3 • Market Analysis: Attachment 10 illustrates that there currently exists 4,629 acres of commercially zoned property within a five mile radius of the subject property. o Within the five mile radius the Metropolitan Planning Organization has estimated that by 2050 the area could contain a population of 225,000. Based on the minimum required population for a community commercial site the 225,000 population could support 4 to 5 community sized shopping centers with a total acreage of 150 acres. o Assuming that the five mile population will also need to be served by neighborhood commercial uses it is estimated that 225,000 could support 45 sites at ten acres per site for a total of 450 acres. o Regional shopping needs must also be served. Reserving two regional shopping sites of 100 acres each would require a total regional shopping area of 200 acres. o Based on the analysis of the five mile area and 4,629 acres of existing zoned commercial property, all regional, community and neighborhood shopping need could easily be served on 800 acres. This analysis suggests that the southside is greatly over zoned with commercial zoning leaving a balance of over 3,500 acres. • Existing Land Uses: The 20 acre site is currently vacant undeveloped property. Immediately north of the property between the subject tract and Brooke Road is Master Drainage Ditch 27 (180 foot wide). North of Brooke Road is a residential subdivision, a mini - storage use, two single family residences and a small warehouse at the corner of Rodd Field and Brooke Road. East of the subject property across Rodd Field is vacant undeveloped land. Adjacent to the property on the south is a private club and to the west is a church, ranch land and two ranch houses. • Utilities, Water and Wastewater: o Water - A 30" water transmission line is located on the west side of Rodd Field Road and a 12" water distribution lines is located long the east side of Rodd Field Road. o Wastewater - The subject property is located in the Wastewater Master Plan Service Area of SPA -30 adopted in 2005. Portions of the SPA -30 have been built or are nearing completion. The proposed rezoning is not consistent with the land use assumptions used to size the SPA -30 infrastructure. The SPA -30 amendment was based on low density residential development of the subject property. The proposed rezoning would allow density and intensity of uses that exceed the SPA -30 Plan amendment. o Water and Wastewater Analysis - 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 commercial development is 154 gallons per day per 1,000 square fee of gross building area and 280 gallons per day per residential dwelling unit. The demand for wastewater for a commercial use is 138 gallons per day per 1,000 square fee of gross building area and 250 gallons per day per residential unit. o Given a 200,000 square foot commercial development vs a 101 single family dwellings the water demand comparison is 30,800 gallons per day (commercial) vs 28,280 -62- Zoning Report Case No. 0608 -01 (Diaz) Page 4 gallons per day (residential). The wastewater demand comparison is 27,600 gallons per day (commercial) vs 25,250 gallons per day (residential). The impact of a commercial development and a single family development for water and wastewater is approximately the same. o However, the proposed zoning allows for multi - family development at up to 36.30 units per acre compared with the single family density of development at 7.26 units per acre. Most multi - family developments on the Southside have been developed at 25 to 30 units per acre and single family at five units per acre. The impact comparison between multi - family development vs single family development would be approximately five to six times the impact of a single family development. Therefore, if the property was developed as multi - family, or a portion for multi - family, the difference to water and wastewater systems could be significant. An engineering study would be needed to identify the impact and to estimate, potentially costly public capital improvement costs to address the demand. • Utilities, Stormdrainage: In 2005, City Council amended the City's Stormwater Plan to include a new drainage ditch called Master Drainage Ditch 27. The 173 foot wide ditch is between the subject property and Brooke Road. The change from residential use to commercial uses can create an increase of three to four times the runoff. A site plan and engineering study would be need to specifically determine the difference in runoff amounts. The proposed rezoning is not consistent with the land used assumptions used to size the Master Drainage Ditch 27. The proposed rezoning would allow uses that would exceed the drainage characteristics of single family uses assumed when sizing the ditch. • Transportation, Existing and Proposed Improvements: The subject property has 1,083 feet of frontage on Rodd Field Road. Rodd Field Road contains two 12 foot lanes and two 10 foot shoulders. Traffic counts for 2006 indicate 4,692 trips per day. Rodd Field Road is designated in the Urban Transportation Plan as an A -3 Primary Arterial with 130 feet of right -of -way, six lanes and a median. The Transportation Plan indicates a future capacity of 36,000 trips per day at Level of Service C.' Currently, there is not any city or state funding for improvement of Rodd Field Road between Saratoga and Yorktown. The property does not have frontage on Brooke Road as the city recently purchase property from the property owner for Master Drainage Ditch 27 along this section of Brooke Road. However, a culvert was constructed to provide one crossing of the ditch to Brooke Road from the subject property. The culvert is located near the western edge of the subject tract. Brooke Road is a designated C -1 Neighborhood Collector street with two lanes and 60 feet of right -of -way. The capacity of a C -1 is 8,250 trips per day in the Urban Transportation Plan. • Transportation, Trip Generation Analysis: The estimated trip generation from the Adopted Future Land Use Plan for single family uses is compared below to the trip generation from the Level of Service (LOS) is a traffic engineering method of ranking the function of a street to carry traffic. LOS C is defined by the Transportation Research Board as "Stable flow, periodic delays between 20 and 35 seconds ". -63- Zoning Report Case No. 0608 -01 (Diaz) Page 5 • proposed rezoning. In addition, an estimate of future trips based on the currently vacant land proposed in the adopted Future Land Use Plan has been estimated for the Airline / Rodd Field and Yorktown / Rodd Field intersections. Units Per Average Daily Acre Or Trips Peak Hour Trips Estimated Vehicle Trip Generation Floor Acres Area Adopted Land Use - Single Family 20.36 5 Proposed Rezoning' 20.36 200,000 Proposed Commercial Nodes at Airline and Yorktown 135 1,515,181 49.97 75,714 4.97 7,530 'Trip rates based on Institute of Transportation Engineers 7th Addition Trip Generation Manual. New Rate Trips New Rate Trips 9.57 49.97 974 1.02 104 9,994 4.97 994 • The estimated trips generated from a commercial use of the property compared with the currently adopted plan for the area is a difference of over 9,000 trips per day. Full use of the property prior to improvement of Rodd Field Road could have a substantial impact on the carrying capacity of the two lane roadway. The table below is an estimate of the impact. Vehicle Trip Generation 2006 Existing Traffic Count (Traffic Engineering) 4,692 Proposed Rezoning 9,994 Total Trips 14,686 Adopted Urban Transportation Plan Capacity Rodd Field is a Designated A -3, 6 Lane Arterial 36,000 A -3 Capacity Per Lane of traffic 6,000 Estimated Existing Capacity (2 x 6,000) 12,000 While the future capacity of Rodd Field Road is 36,000 trips per day with six lanes and a median, adopted future land use plan calls for two Large commercial areas at Airline Road and at Yorktown. These two commercial nodes contain over 130 acres of existing vacant land to eventually be developed with commercial uses. Trip generation just from these two commercial nodes could generate 40,000 trips per day for each arterial roadway (Rodd Field and Yorktown). In 2007, the Metropolitan Planning Organization commissioned a study of several Southside corridors to determine at what level of service the streets were operating. The corridors that were studied included portions of Saratoga Blvd., South Staples Street, Airline Road and Rodd Field Road. The study made the disturbing conclusion that each of these corridors are operating at what traffic engineers classify as Level of Service (LOS) F. LOS F is the worst level of service in the LOS ranking system defined as "forced flow, excessive delays of greater than 80 seconds ". LOS C is the adopted level of service for the city and is defined as "stable flow, periodic delays of 20 to 35 seconds. Essentially, the finding from the MPO study is that while the Southside is only about 60 to 70% developed, major southside corridors are operating at an unacceptable level of service. From a planning perspective, the practice of stripping arterial corridors with commercial uses creates a traffic demand which cannot be met with the standard arterial street types of 4 to 6 lanes. The next step up in street type is a freeway which is not a feasible option and, therefore, -64- Zoning Report Case No. 0608 -01 (Diaz) Page 6 expensive street improvements coupled with prudent land use decisions is the only long term answer to this mounting traffic problem. • Comprehensive Plan, Future Land Use: The proposed land use in the adopted Future Land Use Plan is single family (Low Density Residential) use therefore, the proposed rezoning is not consistent with the future land use proposed for the area. The Corpus Christi Policy Statements provides a key criterion for the ideal location for major commercial centers at "nodes" where there is an intersection between two arterials (See Attachment 8). Locating community size commercial activities at these locations will place major generators of traffic at a location where the traffic is controlled by signalization and where two major streets serve to distribute traffic from the commercial activities in two different directions. The proposed rezoning does not meet either of these criteria. • The adopted Future Land Use Plan already provides for a large supply of commercial developed at the Airline and Yorktown intersections. Any increases in commercial land use, such as at the proposed subject property site, should be accompanied by a reduction in the amounts of adopted commercial land use at these two intersections. • Public Safety: o Police: The area was annexed in 1995 and the police department expanded their southside patrol to include the area. Currently, the area is part of the Kaffie Directed Patrol District. o Fire: A new Fire Station, located on the eastern edge of Bill Witt Park, is proposed to serve the area and is under construction as part of the 2004 Bond Program. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as single family residential. 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 amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as in the Southside Area Development Plan 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. -65- Zoning Report Case No. 0608 -01 (Diaz) Page 7 Staff Comment: The adopted Future Land Use Plan supports low density single family residential uses for the subject property. A change to "general business" uses would not be consistent with the Comprehensive Plan. The location of the site which is not at or near a major arterial / arterial intersection creates high traffic generating uses at a mid -block location and will cause congestion on a major roadway. Approval of the rezoning would create an incompatible land use adjacency for the remaining planned single family property. Comprehensive Plan - Southside Area Development Plan B.4 - POLICY STATEMENT "....commercial zoning regulations, in concert with the Comprehensive Plan policies... should control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity..." Staff Comment: Control over the size of commercial centers should be done in a manner that will not overwhelm the existing or planned infrastructure. Rezoning of the subject property to higher intensity zoning will have a significant impact on the existing and proposed road system. Sizing of recent improvements to the wastewater and stormdrainage system did not include commercial uses at this location and will also need to be reevaluated to determine if they will need to be upgraded to handle the increase in density and intensity that approval of this rezoning could create. 3 O cti C4 Street Existing Type Planned Type Existing Paved Section Average Daily Vehicle Trips Rodd Field Road Arterial - RAI 2 lanes Primary Arterial -A3 6 lanes and median 125' ROW 44' Pavement 4,692 ADT `06 Airline Road Arterial - RAI 2 lanes Minor Arterial - Al 90' ROW 26' Pavement 2,894 ADT `05 Yorktown Blvd. Arterial — RAI 2 lanes Primary Arterial - A3 6 lanes and median 125' ROW 44' Pavement 7,130 ADT `07 Brooke Road Collector Rural 2 Ins w /rdside ditches Neigh. Collector - C1 2 lanes 60' ROW 20' Pavement NA rd o P. C The subject property is not platted. —66— Zoning Report Case No. 0608 -01 (Diaz) Page 8 Department Comments 0 w v w • Development of the site for a large 20 acre commercial center (there is no site plan) is not consistent with the Comprehensive Plan policies for placing such sites at arterial / arterial intersections where traffic impacts can be controlled. • The impact of full development of the site would exceed the existing capacity of the two lane rural road system of Rodd Field. The applicant has not submitted any traffic impact analysis for the development of the project to support the rezoning. • The impact of full development the site and surrounding commercial areas in the Comprehensive Plan would exceed the capacity of Rodd Field Road after the roadways has been upgraded to six lanes. • The capacity of the Master Plan for Sanitary Sewer Service (SPA -30) and the Storm Drainage Master Plan Ditch 27 may need to be reevaluated if the rezoning is approved. Denial of a "B -4" General Business District, and in lieu thereof, approval of a "R -1B" One - family Dwelling District on Tracts 1 and 2. Denial of a "B -4" General Business District, and in lieu thereof, approval of a "R -1B" One - family Dwelling District on four acres out of Lot 23, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 1), located across from Brooks Road, and approval of a "B -4" General Business District on 16 acres of Lot 24, Section 20, Flour Bluff Encinal Farm and Garden Tracts (Tract 2), located along Rodd Field Road. v7 E r, E; 0 U Number of Notices Mailed — 26 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 7 (inside notification area); 203 (Outside notification area) (As of July 29, 2008) Attachments: 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 6a. Staff Recommendation 6b. Planning Commission Recommendation 7. Site Opposition 7a. Comments received from Public Notices mailed 8. Notice Mailing List 9. Optimal Locations for Medium and High Density Development 10. Commercial Zoned Property - Two and Five Mile Radius 11. Metropolitan Planning Organization Population Projections 12. District Uses 13. City Charter — Article V- Planning -67- I 1 LYas , r- t:. -eTdi7Pg CASE # 0608 -01 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at WM/.cctexas.com • CASE # 0608 -01 1. NEIGHBORHOOD - 2006 AERIAL Subject / Property Refer to Map 2 for Neighborhood Existing Land Use. Aiso available at www.cctexas.com CASE # 0608 -01 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 UZI 79 — i L r LOCATION MAPI 5,1112008 - -- Pre•ared By: SRR / Department o/ Developm�Servlces -- CASE # 0608 -01 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential. • ER LDR Low Density Residential. - LDR RE Med Density Residential. - MDR - High Density Residential. - HDR Mobile Home - MH Vacant - VAC Professional Office - PO Commercial - COM �$ Light Industrial - LI Lau Heavy Industrial - HI Public Semi - Public - PSP LOCATION MAP' CASE # 0608 -01 3. NEIGHBORHOOD - FUTURE LAND USE fl NEI m Agricultural/Rural - AR III Tourist - TOR Estate Residential - ER El Low Density Res. - LDR Med Density Res. - MDR - High Density Res. - HDR Mobile Home - MH Vacant - VAC Professional Office • PO - Commercial • COM Transportation Plan Exlsring Proposed Arterials - --- Collectors - - --• Expressways gisexii Parkway r4i•r1 Railroad Elf DC LOP ":I m Research/Business Park - RBP Light Industrial - LI Heavy Industrial - HI Public Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation/Preservation - CP 6YLQ008 Pre aced Sy: SRR Department of DevelopmeiltSennces CASE # 0608 -01 3. NEIGHBORHOOD - FUTURE LAND USE 0 m LDR Agricultural/Rural - AR - Tourist - TOR Estate Residential • ER ME Research/Business Park - RBP Low Density Res. - LDR ® Light Industrial • Li Med Density Res. - MDR Ea Heavy industrial - HI - High Density Res. - HOP ® Public Semi - Public • PSP - Mobile Home - MH - Park Vacant - VAC fl Drainage Corridor - DC Professional Office • PO Ea Dredge Placement • DP - Commercial • COM n Water Consen,ation/Preservation • CP Transportation Plan Existing Proposed Arterials - - - -• — Collectors - - -• r,» Expressways 215a2ls Parkway +a+r� Railroad (LOCATION MAP SUBJECT R*o,PROPERTY a;, C = ..wwi City of Corpus Christi ,a DR „ DC LOP a OL 1_ • 4.l (CM . r SO A 'a,. •ir�i �VIll :?k it • *SO JI :11 ,,ttJJ c)7 I Jal�1�/•�D ; J'1r I rt4Uspa ` PRELIMINARY PLAT SOUTH LAKE TORA' E OS 0 #74414 Departmenr vebpmen °iv'i,.=es m LDR CASE # 0608 -01 3. NEIGHBORHOOD - SUBDIVISION Agricultural/Rural - AR - Tourist • TOR Estate Residential - ER EN Research/Business Park - RBP Low Density Res. - LOP ® Light Industrial • LI Med Density Res. - MDR EIN Heavy industrial - HI - High Density Res. - HOP ® Public Semi - Public - PSP - Mobile Home - MH Park Vacant - VAC 'DC- Drainage Corridor - DC Professional Office - PO l DP { Dredge Placement - DP - Commercial - COM Q Water Transportation Plan Existing Proposed Arterials - - - -• Collectors Expressways S©aa: Parkway Railroad Ira Conservation /Preservation - CP SUBJECT A7<-`:.:1-9,r, PROPERTY 'LOCATION MAP'. \ ,' City of Corpus Christi !Mart:: ualr 1Yi:la a tc.a j;fir duff; :ia r srU f 0 •1i) Jxj.4i ftftUa� JySliii9aiUl7.2f.hliaw'Si1 Y3%'233i CASE # 0608 -01 4. SITE- 2006 AERIAL (/�f M Subject °roperty Refer to Map 2 for Neighborhood Existing Land Use. Also available at vnmw.cctexas.com o< • ^'a. 7yg- SUBJECT ;PROPERTY ko LOCATION MAP a = City of Corpus Christi 150 300 .Feet $ OUTHS"10 ..bMMUNITY CFRIRG7 HTON PARK BA TIST CH 1 AR ESTATE- UNIT 2 TRACT 1 GUTH FORM R -1 B NN -'TTAN ESTATES UNIT 1 R - 1 B 150 300 Feet Prepa Department of Develop 611 ja Wrtgesol CASE # 0608-01 6. SITE-EXISTING ZONING, NOTICE AREA & OWNERSHIP 44 Aberrant biota. Reek: A-IA .Apertmeraiouse Dattect 4.3 Rearm-ern Nouse Dirt 213 Proaeszaanar OMc, 222,-.41 7 Aaararani-leurir Ebert 5-1 NeightortVad ezialress Blanca Neightaemed 2ilaineaa Bay:rent See& ?CIS LasBcr E-EA Ramer 3lan4 131191413 Dec, 2-3 Swine= 2133331 S-2 General &amen ?Rent Pr2eary 311111431 Cant 2-6 Perna}, &SIMS:: Care 'Ear& Ccrees Caaisa Beach :awl Els:. er-R =arm Rem? Caret 4C restorCE, ewe; Lars:trier?. Reser-a:ion -3 Lareec Inauselal E`.sarc: • Lart baluaral Zane, • rfeaay tradurre! Dsteca POD Ranted tea veloperear 5- A One Family Da veiny Ersate: 5-39 One Fartey 111W94 0415333 5-10 One Far* thaeang INembr R-2 Movie 226e/3es Dam' RA Om Family Daelang RE Rade:Lel Ebbe,. aseict 9-re TOV.7■001/Se ahersng 3133:0 SP SpeciatPernm 7-74 Tra,t, 911e1 Pan :73Stie T-I9 Man:reeved Harr. 5871 273933 • Menefacraaxl cataba SubeTazate 3,13331 Subie... ?wen. Oambes wab abt 0 tea' Ais.e.2 in rase, A °Lees o4h33 200' feted aa V 323913 attached tyre-she table A in apace:eon 07 (LOCATION MAPt ' SO TU NSI\ BRIGHTON PARK BAPTIST CJRCH 1 JAN FiI rITTAN ESTA.T.BS UNIT 2 23 F -R R -1B 150 300 Feet Prepaid .BY, Cepa: mem o! Pevebpi CASE # 0608 -01 6.b PLANNING COMMISSION RECOMMENDATION Tract 1 (R -1B) Tract 2 (B -4) a SUBJECT :P4OPERTY !LOCATION MAP I OPPOSITION WITHIN 200' of SUBJECT PROPERTY Attachment 7,a. COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0608 -01 Dr. Pedro Diaz Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 28 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 7 (8.59 %) #14 (7.74 %), #16 (0.67 %), Brooke Tract LP, c/o Mr. Howard Markoff - See representative's letter #25 (0:04 %), T. Mark & Barbara B. Cooper, 3229 Nacogdoches — "This is a residential and agricultural area — not a commercial business district. It will hurt property values and increase traffic. There is an abundance of commercial property available in CC and in this area on Saragota!" #18 (0.01%), #20 (0.05 %), #21 (0.04 %), #23 (0.04 %) — See attached petition II. Responses received from outside the 200 -foot notification area: Favor: Opposition: See attached petition 0 203 H:\PLN- DIR \SHARED\Beverly\2008 PC\2008 Public Comments \0608- 01.doc —93— —b6— i91"49111441111111M r c) I N N (0 ❑ OrNO9 CO(OnWOOrNO V iOWN-WmNNNNNNN N N LL e -e�-°e e e e e e e ee e e e ee e e e e ee ee e e 18m§'N'8O88u,8tocQ8°r_scocoro80888O8 Nod dd m0(D r0 ncvm u)n 00000000000 O O ADDRESS2 m p Q = co u. LL W co 7 W Y Y m 0 J _Jo_ K 0 a' a' www Vi sa1� WQ 1170 D! D_ K 00000 _¢ 2 co Z i- V HO 0a000000 oD o F-z N m �- 2 Z z I- I- rl -r-r- OtWgn ¢- QJ G1 ril�ZZ Z ZZZ ❑ ❑ y(� = W pJ, n U?_ JUNi i SONS 1a.. m m mm[�m O? a0 co wWo S')d °mw }m W 0g0L. UU �U • >mFX❑ }XD X dY �X Z Z33 WN(Am¢ mg�mp�p_ryl� 'Lm� =u71�Qy(Q (v��Zpa} o{((Z�� ❑ O• NDN N °Q2O1wO000OOO\ m0000ffl/g11 ff §VV 2 NJ gn ¢U .rr(nag�a wannnC3aUDnnnnnnaia trUM a J U w ¢ w U Q LL Z -J W a, d' i w DD 3 W . K 0 =otf ~ =t..jIQ(nD s hZd 00 2r h 5 Q mxWa °wm °¢QaJ UaJ Vmi�¢ zNZo(A- o 0 ELAi �¢qlpp¢accmd-OgQwGmQO❑10 . LLd o wU U }UZZzZr- OUf'❑OVKLL JO¢F'} l � M O= LL U9 LL o LL Z Z Z LL= J K Z W O W o �o WJ ° °�°�°�°� °aoa=3 w °a °off V w 01.0,wo wUmmmmU..6 /0 �m•Ow � r • .9. 1Y}a{p8p8p° (pp8''p�p�pgppv(p��"vp2�Np3(p�iSp3(upro,2: OopQ@'a 188 8 0 0 0 0 8 0 0 8 0 0 0 0 0 W (O 1i ° 8 8 0 0 0 O O g 7 N ❑x U111111111 1/11111111111111 < nnnnnnnnnnnnnnnn rnovovvavvvvovaov NV ijbUP ❑ O r N 0)Y 10(0 n ODm O rN 0) t mo ron W 41NNNNNNN NN U IL • • • • • . • O g Zoning Report Case No. 0608 -01 (Diaz) Page 11 Attachment9 OPTIMAL LOCATIONS FOR MEDIUM AND HIGH DENSITY DEVELOPMENTS PREFERRED DESIGN UNDESIRABLE DESIGN High Density Connne•cia High Density Commercial Arterial Street Intersection High 9o•.s ty Connncrci al Med.i High Density Residential :Apartments) Lt High Density Commercial Figure 4: Low density residential development can often be found adjacent to a commercial strip. Although the commercial strip is usually located between the residential development and the arterial street, the traffic, visual, and noise intrusion generated by commercial activity can have a deteriorating effect upon the residential property. Compact high density development for business uses can be an effective solution to many of the problems caused by commercial strips. These developments should be located at the intersection of major streets to take advantage of exposure to potential customers and reduce left turning movements at mid -block locations. High density developments should provide sufficient open space, landscaping, and /or buffer zoning to create a smooth transition between uses. (Corpus Christi Policy Statements) -95- Attachment 10 Zoning Report Case No. 0608 -01 (Diaz) Page 9 Zoned Commercial & Industrial Acreage Two Mile Radius 1,199 Five to Two Mile Radius 3,430 Grand Total Five Mile Radius 4,629 Total 2050 Projected Population Two Mile Radius 104,507 Total 2050 Projected Population Two to Five Mile Radius 120,634 Grand Total 2050 Projected Population Five Mile Radius 225,141 —96— Note: Barney Davis Power Plant - Excluded From Commercial Acreage Calculations Zoning Report Case No. 0608 -01 (Diaz) Page 10 1 Attachment 1. yG{C7 N 13.1331 - 20.736. Lalfl O r 18.1981 00)0 4] D) h Cr) r ���.QQ 4i f.i L(t VO m Nr "- ' ct�� . Q1. LO r (N{ n O N (D N V V 10 000 1616231 r • ' C) r,. (D r 13.1331 LC) , 47 T 23.3921 (mD, O 225.1411 , 12,452 2040i 1 13,133 iplmttS N r. co LC) W mvi CO (D ��n+-� CSgv O L 9,411 10.8121 13,1331 14.5151 mW O N R (D p0m7 W n 2030 1 13,133 (D CO O LOO O r CO °LULL([, W n LCOp CO N CO ° N N Oa).»JJ CO ��t7i S ft (VD-O47t (+D LO V' 10,000 13,514 r W ems 0) Q) 13,133 14,5151 5,846 101,579 183,9371 CO 0 %i ,� a c 0 1. 2020 N r n CO r 10,229 10,361 I- N +^ kit a) LNfI W U7 h t- m • LO N N co (c}� h_ ai.. CO Ln Lu LO N. Ln �-! �'i O .- r r V Cn C)) 13,133' 14,515 2,924 97,8991 O LO 47 C' N 20101 O O qq N. CO- h (p+7] W. 47 .- Rt r W Lt7 W Ln l�j! (•) M. CO Wp is m 47 ui (Wy O I p I (+'7 Ln op 4p7 O Q 0 0 4O} co CV V N O) co- CL�O a) C•'1, 9,6101 13,133 11,5091 14,515 7311 1,462 CO. O OJ as 107,7371 _134,8711 d' 1. Q 0 a Q 1 N =c.p(m� 'j ` A tat O1 C C 5 d g' 0 0. 0 its 0 a 40 ` H po N GI QM1I V p p A� n eD .0 OI �d m r. M r V LO L[rlil CO LLpp LO. MLPF+m LO r C(ryrr� pp a) • Lp V r in W 5 N. EN- Ln FO LO ono p7 �.NnttQ I-, VW 't--N N. r. n ° n "Q W 0 O N 47 47 Fill) 'It- 6471 ---'n oon Val N W Oi QI O N V M V V w U; N V P± CO NW IN. CO_ t. q W 0 OZ h- a)rmmW.m-000S at a) L°n_ 4) 4] LD o W V t•-_ Lf) (Cy O N COI tO 41 ee��(trD�� "I O r N LIDO CO LLOO 0 pp W IS) t°.. ' �jmmo LO r r r et r Rt Cr) O N Cr) N f� O 44,977' 'Comp Plan 'Study Area iT, L t 0 N L 0 L n Southside (Southside 270 N .- 0 cn ai a 0 Iwo Mile Radius 70:0 N L 0 to N L 0 CO 'Southeast Southeast R N S 0 [n Southeast Flour Bluff Flour Bluff Southside Southside Southside London 'Subtotal Five Mile Radius Grand Total Two and Five Mile Radius 'Total Population Growth Per Ten Year O3 ti ggNN(�7 8 § (5 C fOV oO vVOO Lf'I LCOO LVI■ _C . o N 1 23.041 °W N p (OOOO L.O N L* p88p8aC�7 N CO Cr) L+9 oOO LVn L'an �) attachment 12 - 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" FarmRural 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 unite land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their ferrules, 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) 00 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 holing, 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 fans 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. 02108 F -R -98- - 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 Parklog 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 -sleet loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The Tots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/03 F -R -99- - 85 - ARTICLE 16. "11-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or sat 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 0-4 -100- - 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 leas than ten (10) feet in width on the side of a lot adjoining an "It-1A ", "R -18", "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 -I 0' "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16.5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -1 0 1 - B -4 • 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 an 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 author 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, rior shucking of oysters or processing of fish. (10) Self -service Laundries. (II) 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 eontained 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: (g) 02/08 -102- B -1 - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -18" "R -IC", "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 -I8" "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 B-1 -103- . - 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: ( 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 dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business ( 6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display front 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. ( 8) Clinics or hospitals Including a phatrnacist'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 core centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there .shalt be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business, (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -104- -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 Nrther 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. (17) Bed and breakfast (B &B) inn. (Ordinance 24566, 08/28/01) (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11 -4 Of -street Loading Regulatiens. The off - street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Balk 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 domritories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 114 .Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -105- - 25 - ARTICLE 5. "R -IA" ONE- FAMILY DWELLING DISTRICT REGULATIONS Section 5 -1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are die 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 fbture. 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 nonconf rating 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 —106— -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 S-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 -tA -107- . - 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 -108- Zoning Report Case No. 0608-01 (Diaz) Attachment 13 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 clty 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 -109- Zoning Report Case No. 0608 -01 (Diaz) Page 13 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 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. -110- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday June 25, 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 Evon J. Kelly David Loeb Govind Nadkarni ABSENCES: James Skrobarczyk I. CALL TO ORDER p.m. 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. Saldafia, 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 B. ZONING 1. New Zoning a Case No. 0608 -01 Dr. Pedro Diaz: A change of zoning from a "F -R" Farm -Rural District to a "B -4" General Business District resulting in a change of land use from vacant and farm and rural uses to commercial use Being 20.36 acre tract out of Lots 23 and 24, Section 20, Flour Bluff Encinal Farm and Garden Tracts located along the west side of Rodd Field Road between Brooke Road and Slough Road Mr. Bob Payne, Development Services, presented the above case via Power Point, stating the applicant is Dr. Pedro Diaz with the property located at the corner of Rodd Field Road and Brooke Road. Mr. Payne described the subject property and surrounding area stating to the south is an Elk's Club zoned a B-4" General Business District with "B -4" General Business District to the north of Brooke Road and the Vineyard Subdivision and a church located to the northwest. Staff's recommendation is denial of the `13-4" General Business District due to non - conformance of low density single family residential in the adopted future land use plan. This approval could also set precedence for this area which would not be consistent with the plan. Staff would prefer not to have strip commercial on arterials which would cause commercial uses towards single family residential areas. Mr. Payne indicated that the sites for major commercial activities should be at arterial/arterial intersections. This site is not located where traffic can be directed in two directions such as at Roddfield and Yorktown. Mr. Payne stated general commercial development has more drainage impact than single family residential with the sanitary sewer line of a `B-4" development of the 20 acre site exceeding Roddfield traffic capacity by approximately 3,000 trips per day. There were 28 notices mailed with one notice received in opposition. —1 1 1 — In answer to Commissioner Loeb, Mr. Payne stated with six lanes, we estimate 36,000 trips per day at a level of service "c ". It may be raised to a level "d" which would be 42,000 - 45,000. Mr. Payne stated that the city utilized the ITE manual and applied their commercial generation times the amount of acreage. The subject site is large enough to contain a 200,000 square foot shopping center. Commissioner Skrobarczyk questioned the market analysis in the zoning report which included a five mile radius of all commercial zoned property. Mr. Payne stated the five miles extends to Kostoryz and Saratoga and Cabiness Field. This site is typical of a community commercial service area. This five mile area covers a population of over 225,000. Discussion included the future land map that was adopted 15 years ago and the changes that occurred on the Southside that have occurred during that timeframe. Mr. Payne responded that the plan was updated in 2005 and that the principle of locating major commercial sites at arterial intersections is still a sound planning practice. Faryce Goode -Macon stated based on petition information received at the meeting this evening, there are 203 signatures outside the 200 foot radius area in opposition and there were six signatures received in opposition within the 200 foot radius totaling 0.19% which makes a total of 209 signatures received in opposition. However, the 20% rule is not effect. Public hearing was opened. Mark Cooper, Brooks and Nacogdoches (Vineyard Estates), Corpus Christi, Texas stated that we have gone through a lot of changes since September of last year involving drainage ditch 27. Mr. Cooper stated he has submitted several complaints with the City. The City was maneuvering a 30 ton track machine on Brooks Road and tearing it up. Our complaint is that the drainage is almost completed however we still have the dust storm and all the dirt over our homes. The Vineyard Subdivision is opposed to this rezoning. It is a nice area and an area where the people maintain their homes. I moved here in April of last year and grew up in Dallas and moved here for a job offer that I had. Our big concern is not only commercial but apartments since the `B -4" also allows apartments. We had a nice neighborhood in Dallas and were promised a high end apartment complex and we thought it would be from the feedback received but it was not. It turned out to be Section 8 housing and there were many problems. The residents located in the Vineyard Subdivision want it to stay the same as single family dwellings. Mr. Cooper stated the residents are worried about property values. There are a lot of vacant apartments in the city and I can't understand why people would want to build apartments. We're also concerned about the commercial traffic and having bars in our area. Manuel Savadre, 3129 Nacogdoches, Corpus Christi, Texas stated that he has lived in the Vineyard Estates about two months: Prior to purchasing here, I owned property at the comer of Weber and Holly which was Carolyn Heights and is now the Waterford Apartments behind the HEB. I lived there 28 years and watched the neighborhood dwindle to what it is now. I am concerned about the creation of a possible Section 8 apartment complex which would create a bad traffic problem. I have lived on Prosper Drive and passed out petitions to get speed bumps put in that area because of the terrible traffic problem. I don't want to see that happen here. If it's going to be a high end family dwelling, I see no problem. I am very concerned about the de- valuation of my property and we are all concerned citizens. Being a member of this church, I would like to find out what type of building, businesses and what type of restrictions there would be. Our main concern is the type of development that will be next to this church. There are also two churches located on Airline and there is some other church property on Roddfield Road. You can readily understand that we may be concerned that there may be taverns, nightclubs, or whatever and we have no information as to what type of commercial development is intended.. -112- Jose Corona, 1006 Bradshaw, Corpus Christi, Texas stated that I am a member of Brighton Park Baptist Church and was very concerned when I heard of the "B -4" which allows all types of commercial uses and concerned with the prospect of taverns. The volume of traffic and then you have alcohol mixed in there is a concern. We go to church, have families and children. Whenever you have a bar or a club, it has a tendency to bring the negative out to the public area and we're still worshiping in the evening often times. Allen Schauper, Corpus Christi, Texas stated he was a resident of the Vineyard Estates and questioned Mrs. Goode Macon in the way the percentages are calculated within the 200 square foot area. I am also opposed to this request. Mr. Schauper stated he helped write the petition and does not believe there was a single person that did not want to sign the petition. In answer to Commissioner Skrobarczyk, Mr. Schauper stated that his big concern is apartments. Apartments bring in a decrease in home value. I purchased my home in January and home values have already decreased just because of the market which doesn't take into account what the addition of apartments might do. Don Berthelot, 7005 San Benito Drive, Corpus Christi, Texas questioned how many people would be needed to reach the 20 %. Mr. Berthelot further stated that one of my main concerns is the drainage issues. There has always been a drainage issue in this area which has not been correctly addressed. Before this drainage ditch was put in, there was flooding that came six feet from the foundation of my home. When the subject property was just a vacant lot, it did not soak up the water but came across my yard. If they are going to tie the ditch into the Brighton Village area, we will get even more water. This drainage ditch has not been tied into the final drainage area because it's a wetland area and they're still discussing how that's going to be done per the regulations. Cliff Atnip, (representative for the applicant), Corpus Christi, Texas stated that in his experience as a commercial realtor, I have never seen a commercial development devalue a residential development or adjacent neighbors. Wal -Mart did a study over five different cities and found it actually increased values when you had commercial nearby. Regarding the churches, Mr. Atnip stated he has met with pastors of both of the churches here because I also attend the church and am concerned about the church and would love to see them expand. In meeting with the pastor from Brighton Park Baptist Church, they would like to purchase a part of this land for future expansion and they have already had conversations with the owners of this property and I said I would do everything I could to facilitate the purchase of some of this property. Mr. Atnip provided a brochure and presentation showing an aerial shot of the property with Terra Mar Subdivision to the north and to the south Rancho Vista Subdivision. Both are the two largest subdivisions within Corpus Christi with their shopping being done to the west along Saratoga or down to SPID. There is no major retail development along Roddfield which is closest to them. All of the commercial development (`B -4" or '13-1 ") is on the west side of Roddfield. If we were going to stay consistent, we would stay with the `B -4" district. I have had many conversations with staff who have stated that this request should be denied stating that residential should be placed in between commercial on the Southside. That doesn't seem to be consistent with the plan of putting commercial on what is going to be a major six lane highway. They are scheduling commercial to the south of this property which is farm -rural which may or may not ever be commercial. The owners of this property are investors and they are going to rezone and place it on the market. Mr. Atnip stated that the Roddfield and Airline thoroughfares will be increasing to 5 -6 lanes so there is plenty of capacity for traffic. The Southside Comprehensive Plan are very useful but if we stick to the plans 100% we don't take into account what the potential landowners want. Regarding buffering between the residential communities, Mr. Atnip stated that he has just finished serving on the UDC committee working on buffers. Mr. Atnip stated there is a buffer to the north which buffers residents with the wide drainage ditch, Brook Road and then a neighborhood. There will also be a six lane Roddfield Road that will add to buffering. The primary ingress /egress is going to be off of Roddfield Road and in the future —113— There will probably be a light on Brooke Road which will maintain the traffic speed. Regarding utilities, there is not a problem with water and there is not that big a difference between residential and commercial development on existing sewers that are in the area. This is consistent of what is going on along Roddfield Road. I respectfully ask that you approve the commercial zoning with an understanding that we will try to sell as much as the church wants to assist them in future development. In answer to Commissioner Loeb, Mr. Atnip stated his clients have owned the property 10+ years. Mr. Amip stated that commercial does best on major arterials. There is little to no commercial currently on this street. In answer to Commissioner Huerta, Mr. Atnip stated they would be open to alternate zoning for the triangle piece of property. In answer to Commissioner Skrobarczyk, Mr. Atnip stated sewer is much less on a commercial development with the exception of restaurants. Mr. Atnip stated that in a commercial development, there are ways to naturally impede the run -off. I think there is a regulation that states they couldn't drain the water faster than it currently runs off the natural landscape. Mr. Atnip stated that with a large development, it can be engineered. In answer to Commissioner Skrobarczyk, Mr. Nix stated that the local development and engineering community are being resistant to the storm water management methods. They do not want to place storm water ponds on their site. They instead want to put floor area on their sites. There are current regulations in place but they have limited capabilities. Johnny Perales stated that the evaluation of the drainage would primarily take place in the platting process where they would indicate in more detail the proposed use of the property. There were comments made earlier regarding the design of the master drainage channel and the density of development that was considered. Any development at a higher density that was considered as part of the design calculations for the drainage facility for the channel would be contrary to what was considered for the master plan. That is where the limitation of the post development run off would come into play. Mr. Nix stated his understanding of the regulations is that there is a limitation of the rate of run -off and the limitation translates to a variety of different storm events. That is what causes you to have retention ponds. There is no level of service standard established for the capacity of the storm water conveyance system that they have to adhere to. So, the developer can overload the system and have us deal with the flooding and our code allows him to do that. Or, he can improperly design his system so there's a limited discharge, for example, a five year storm event and floods us into a 25 year storm event when it really counts or flood the property that the facility was designed for in the first place which actually happened with one subdivision. Jay Reining stated that one of the problems involving detention ponds is maintenance. Mr. Nix stated design for a 25 year storm event requires you to set aside 15% of the site for your storm water detention center. As far as the maintenance is concerned, that is the responsibility for the property owner or a homeowners association. The city would be responsible for the conveyance facilities that the ponds dumps into. However, that doesn't work in that way here. The City is having a difficult time implementing those measures but we are hoping to reach a reasonable compromise. —114— Johnny Pereles stated three weeks ago the City received a short list of items out of the draft master plan that will be considered "quick wins" or items that could be adopted on a short term basis. Dan Smith, Vineyard Subdivision, Corpus Christi, Texas stated opposition for this request. Mr. Smith stated that it is my understanding that this property has a future plan for single family development. If something else is done, then the drainage ditch and Roddfield Road needs to be fixed and you have almost finished the ditch. I think it needs to be considered the reasons why you would take the money to repair something that you have just finished. Jim Hudson, 7709 Presedio, Corpus Christi, Texas stated I also have the same concems. I do not see a great need for additional commercial because I see empty sites at the corner of Roddfield and Saratoga. Public hearing was closed. In answer to Commissioner Huerta, Bob Payne stated that the distance from Brooke to Saratoga is one -half mile. Commissioner Skrobarczyk inquired what was needed to rezone the "L" section 6 with a lesser zoning designation and what would be acceptable to the applicant. With that being done, that would lessen the issue for the possibility of an apartment development. After discussion, motion was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez for approval of a "B -4" General Business District on Lot 9 and an "R -I B" One - family Dwelling District on Lot 6. Motion passed with Commissioner Loeb opposing the motion and Commissioner Nadkarni being absent. — 1 1 5 — Zoning Report Case No. 0608 -01 (Diaz) Page I 1 Attachment9 OPTIMAL LOCATIONS FOR MEDIUM AND HIGH DENSITY DEVELOPMENTS PREFERRED DESIGN UNDESIRABLE DESIGN Landscape Buffer High Density Commercial High Density Commercial Arterial Street Intersection High Density High Density Commercial Commercial _. Med./ High Density Residential (Apartments) Figure 4: Low density residential development can often be found adjacent to a commercial strip. Although the commercial strip is usually located between the residential development and the arterial street, the traffic, visual, and noise intrusion generated by commercial activity can have a deteriorating effect upon the residential property. Compact high density development for business uses can be an effective solution to many of the problems caused by commercial strips. These developments should be located at the intersection of major streets to take advantage of exposure to potential customers and reduce left turning movements at mid -block locations. High density developments should provide sufficient open space, landscaping, and /or buffer zoning to create a smooth transition between uses. (Corpus Christi Policy Statements) —116— Zoning Report Case No. 0608-01 (Diaz) Page 10 I . ILarrn:rn:Ln o-)sco a-) 0 Attachment 10 1 . i h---- . . 0 Ot W CD 1 CO Li) r Ln co! Ir-INITr ;N;c5,; 1 I i t 1: h•-• ! t0;01:10:0-):0711.4 CO'CO' ;;t-- Nr.r; (T) C.-.CtnLflr1 ' • I I ; srryrnIaii. cr);rn cnIcon-ztirnim1-4,Scrs)1 ; ;N_. N Cr),L0'•01.0,(1) .-- (.0'01,1..0'N'cry-- 'CV' c...nr .- spinio“-.1.-.r-- co r . 0) cr) ccr , Lf) r i cn_ints EN:, -cc. at (.0.•:11'LO_ Tt! 402 fn.: Pi 1--; 'cll. ..-11010-1C01-cr,0 LO cn'r rry-cr-roIcsur N r'r:N NICN r, N' W; , C ;- 0. 4. 1, 01, 0 I, O : r . . N C '40 l s CO .. Nr i r O en 7Qa 8 (67vrig0 8 a) 6 . 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ILL,..., 'It rNtNI:CrrIccr 4f), - tr)'''zt•CI:0;,-:(7)10 Pr;riNILOt : 0: , tj...:0'0.0;0:0 0 ' '0:0'0 OICI'CIP 0 0 0'0 Clt.'l : 0' ! !!!WI4 it..)!Nic■irei,-4:-ci -4-4-; . rii cri!, c i ' c & r-:, N. : 3 b 6,-4 4,4E4-1 1 10-1 rnIrnIer),LaStri,Ln: 0: :NIN;N:N,CNiN;CO ro'rninulir),217' 1- 0; sIo ( ' ■ (); Io' . "r ; " " 0 Zoning Report Case No. 0608 -01 (Diaz) Attachment 9 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 —118-- Zoning Report Case No. 0608 -01 (Diaz) Page 13 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 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. -1 1 9- (J[��r�^j fir. �sc.•.� .rea -moo. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DR. PEDRO DIAZ, BY CHANGING THE ZONING MAP IN REFERENCE TO FOUR ACRES OUT OF FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, SECTION 20, LOT 23 (TRACT 1), FROM "F -R" FARM - RURAL DISTRICT TO "R -1B" ONE - FAMILY DWELLING DISTRICT, AND 16 ACRES OUT OF FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, SECTION 20, LOT 24 (TRACT 2) FROM "F -R" FARM -RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Dr. Pedro Diaz, 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, June 25, 2008, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 four acres out of Flour Bluff Encinal Farm and Garden Tracts, Section 20, Lot 23 (Tract 1) from "F -R" Farm -Rural District to "R-1B" One - Family Dwelling District, located across from Brooks Road, and 16 acres out of Flour Bluff Encinal Farm and Garden Tracts, Section 20, Lot 24 (Tract 2) from "F -R" Farm -Rural District to "B-4" General Business District, located along the west side of Rodd Field Road between Brooke Road and Slough Road. (Zoning Map 042031) (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. -120- H:\ LEG -DIR \Shared \aylAgenda\ 2008\ B- 19 \ORD- zoning0608 -01 Diaz - FBEFGT R -1 B and B -4.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19th day of August, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: August 11, 2008 R. Ja eirting Fir Assistant City Attorney For City Attorney —121- H: \LEG- DIR \Shared\Jay\Agenda \2006\8- 19 \ORD- zoning0608 -01 Diaz - FBEFGT R -1 B and B -4.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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —122 - H:\ LEG- DIR\SharedUayWgenda \2008 \8- 19 \ORD- zoning0608 -01 Diaz- FBEFGT R -1 B and B -4.doc • MGT ) cwa GEO �Cg ma. n.wzaa: or ataosaa aoa111WeAaaro 8330 Saratoga Blvd., Sulte C Corpus Christi, D( 78414 Phone (381) 993 -0808 Fax (381) 993 -2955 END AM -MRS ER -v t -L .Being a 4.56 acre tract, out of that 6.677 acre tract conveyed in document No. 2002047584, of the Official Public Records ofNueces County, Texas, said 4.56 acre tract of land being out of Lot 23, Section 20, Flour Bluff and Encino! Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records ofNueces County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the northeast corner of a called 10.52 acre tract conveyed to Guadalupe Leon in Document No. 2000014484, of the Official Public Records of Nueces County, Texas, said 5/8 inch iron rod being the southeast corner of this tract; THENCE N 61° 17' 49" W — with the common property line of said 10.52 acre tract and this tract, a distance 453.48 feet, to a 5/8 inch iron rod found for southeast corner of tract deeded to Brighton Park Baptist Church recorded in Volume 65, Page 15 of the Map Records of Nueces County, Texas, for the southwest corner of this tract; THENCE N 06° 55' 18" E — with the common property line of said Brighton Park Baptist Church, a distance of 404.04 feet to a 5/8 inch iron rod set for the southwest corner of a called 135 foot wide Drainage & Utility Easement recorded in Document # 2007055094 of the Official Records of Nueces County, Texas, for the northwest corner of this tract; THENCE S 61° 23' 08" E — with the common property line of said 135 foot wide Drainage & Utility Easement and this tract, a distance of 602.99 feet to a 5/8 inch iron rod set on the west property line of a called 145 foot wide Drainage & Utility Easement recorded in Document # 2007055094 of the Official Records ofNueces County, Texas, for the northeast corner of this tract; THENCE S 28° 38' 25" W, at a distance 10 feet pass a 5/8 inch iron rod set for the southwest corner of said 145 foot wide Drainage & Utility Easement, in all a distance of 366.13 feet to the PLACE OF BEGINNING containing 4.56 acres ((land more or less. This Fuld Notes Description constitutes a legal document, and unless is appears in its entirety, in is original form, including preamble, seal and signature, surveyor assumes no responsibility or liability for its correctness. It is strongly recommended, for the continuity offuture surveys, that this document be incorporated in all future conveyances, without any revisions or deletions. July 1, 2008 080701 -2.doc 1 ctor S. Medina l Registered Professional Land Surveyor '` License Number 3419 a. -123- FLOUR BLUFF AND ENCINAL/ FARM A,ND GARDEN TRACTS VOLUME A R PAGES 41 -43 / M..N.C.T. / LOT 11 LOT 1 0 LOT 22 LOT la LOT 26 ALIAS / / / �•r TO NE MIAS STATE PONE TE SYSIEY or 1127. TOMS ZONE 1, VICTOR 5. I OSNA, A RORIEIEO PROFESSOR WOO SURVEYOR. OD MERE RV COOKY TENT 1D M UM OF Of IOVOREOE. 1115 RAT R- MEaIS AM ACONE SURVEY WOE ON M MOIIO UNDER NT SUPERVISION AND SURTAMIALLY COUPLES MIN M WHEW MOMS FOR INN BURROW M TORS A ORT>' EOM M M IOW EOIR Of NIpESIDNAI IL MUM 1145 Y RRCC6IO= PERSSON& LAND SURVEYOR WERE No. 341) ItRIStaill OM 24- SCA1A2" 200 1012114a Ma WOW CC MT POE St W IMP a • ORM Y DIEM, a It WOE NINC a WCI5�Ca= MOE fat W SW NS MOW NW OM cA VP t Ka IN a A REMe-O R15 RED 1R5e OF TIE RP of WIn ONCE OS • 0110 TM= LAND SVR, efl SUBSIDIARY or aninnut OONOVrnawn 6330 Saratoga Blvd., Suite C Corpus Christi, TX 78414 Phone (361) 993 -0808 Fax (361) 993 -2955 FIELD NOTES Fg -iv -ZI4C I Being a 15.80 acre tract, out of that 17.91 acre tract conveyed to votume IY4U, page o[u, of the need Records of Nueces County, Texas and in Document No. 2002047589 of the Official Public Records of Nueces County, Texas, said 17.91 acre tract of land being out of Lot 24, Section 20, Flour Bluff and Encino! Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found in the west right of way line of Rodd Field Road, being the northeast corner of a called 2.476 acre tract conveyed to Browning Ronald S. Document # 877262, Official Public Records of Nueces County, Texas and for the southeast corner of this tract; THENCE N 61° 20' 47" W — with the common property line of said 2.476 acre tract and this tract, a distance 600.07 feet, to a one inch iron pipe found for the northwest corner of said 2.476 acre tract, and for a point on the east property line of a called 25.00 acre tract conveyed to Browning Ronald S. Document # 913419, of the Official Public Records of Nueces County, Texas, for the southwest corner of this tract; THENCE N 28° 38' 25" E — with the common property line of said 25.00 acre tract, and a called 10.52 acre tract conveyed to Guadalupe Leon in Document No. 2000014484, of the Official Public Records of Nueces County, Texas, a distance of 1148.31 feet to a 5/8 inch iron rod set on the southwest corner of 1.76 acre tract conveyed to the city of Corpus Christi, Texas, for a 145 foot wide Drainage & Utility Easement, recorded in Document No. 2007055094 of the Official Public Records of Nueces County, Texas, for the northwest corner of this tract; THENCE S 61° 23' 08" E — with the common property line of said 145 foot wide Drainage & Utility Easement and this tract, a distance of 567.42 feet to a 5/8 inch iron rod set for the southeast corner of said 145 foot wide Drainage & Utility Easement, being on the west property line of a Street Dedication of a tract being 0.278 acre conveyed to the city of Corpus Christi in Document No. 2007055094 of the Official Public Records of Nueces County, Texas, for the upper northeast corner of this tract; THENCE S 01° 56' 47" W — with the common property line of said Street Dedication and this tract, a distance of 73.04 feet to a 5/8 inch iron rod set on the said west right of way line of Rodd Field Road, for a corner of this tract; THENCE 5 28° 36' 52" W, with the said west right of way line of Rodd Field Road, a distance of 1083.45 feet to the PLACE OF BEGINNING containing 15.80 acres of land, more or less. This Field Notes Description constitutes a legal document, and, unless it appears in its entirety, in its original form, including preamble, seal and signature, surveyor assumes no responsibility or liability for its correctness. It is strongly recommended, for the continuity offuture surveys, that this document be incorporated in all future conveyances, without any revisions or deletions. 1 ictor S. Medina Registered Professional Land Surveyor `=license Number 3419 -125- LOT -1i FLOUR BLUFF AND ENCIN4/AL FARty� AND GARDEN TRACTS /VOLUME A, PAGES 41 -43 / M.R.N.C. T. LOT 10 / / LOT 9 LOT la / / / / / ALL NENIINOS AXD DISTANCES REM 10 THE WAS $YSIEU OF IN /, -IEIMS scum ZONE ET / 1, NCT0I L MEOW A NOSTIOCD PNOFESfOMAL IMO WMEVON. 10 11EIS R CENIPY ma 10 THE QT Win NNcmnR. TIC MI W- PIIEEMIL MI 676.1. WHEY WOE ON TIC NNOWO WIDEN MV WOMNNN MM AINNIIITIIMILY COMP= WM M MMMM MOWN PR IMO M 1166 OS SC FORM n TH 1166 N OOM OF PNORSNM 2000 VCR, c MEWM N- R1E11ED P OMPONEL utm WMEYW I*D E Ne. 741E GOO MIME 26 -SCAM- WO Mat a NEE i x a ms DAM 10S MO NMOaS ISM a—t Iise MOM NM •R> i Na ME M OM MN MGM MI E SW OM S a N SMS 4 MS NA 111 M MFRS ONi OM, nN sit-6_1P es AN ORDINANCE re- cc, MM�. ✓i4I,c� Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DR. PEDRO DIAZ, BY CHANGING THE ZONING MAP IN REFERENCE TO 20.36 ACRES OUT OF FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, SECTION 20, LOTS 23 AND 24, FROM "F -R" FARM - RURAL DISTRICT TO "R -1B" ONE - FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Dr. Pedro Diaz, 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, June 25, 2008, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 20.36 acres out of Flour Bluff Encinal Farm and Garden Tracts, Section 20, Lots 23 and 24, located along the west side of Rodd Field Road between Brooke Road and Slough Road, from "F -R" Farm -Rural District to "R-1B" One - family Dwelling District. (Zoning Map 042031) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG- DIR\ Shared \JayWgenda\ 2008\ 8- 19 \ORD- zoning060B -0- 111 &7FBEFGT R -1 B.doc Page 2of3 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 19`h day of August, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: August 11, 2008 R. Jay Reining First Assistant City Attorney For City Attorney H:\ LEG- DIR \SharedUay\ genda\ 2008\ 8- 19 \ORD- zoning0608iOZ az- FBEFGT R -1 B.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:\ LEG- DIR \SharedUay\ Agenda \2008\8- 19 \ORD- zoning0608 -0! &abBEFGT R -1 B.doc TEXAB .*EO TECH uawxm BURRVE O, ZINC. wIMINII uwae: or SIEDsarw oofvafraaIWS 6330 Saratoga Blvd., Suite 0 Corpus Chiletl, TX 78414 Phone (361) 993 -0808 Fax (361) 993 -2955 FIELD NOTES Being a 15.80 acre tract, out of that 17.91 acre tract conveyed in volume 1940, page 620, of the Deed Records of Nueces County, Texas and in Document No. 2002047589, of the Official Public Records of Nueces County, Texas, said 17.91 acre tract of land being out of Lot 24, Section 20, Flour Bie and Encino( Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, of the Map Records of Nueces County, Texas, and being more fully described by metes and bounds =follows: BEGINNING at a 5/8 inch iron rod found in the west right of way line of Rodd Field Road, being the northeast corner of a called 2.476 acre tract conveyed to Browning Ronald S. Document # 877262, Official Public Records of Nueces County, Texas and for the southeast corner of this tract; THENCE N 61° 20' 47" W — with the common property line of said 2.476 acre tract and this tract, a distance 600.07 feet, to a one inch Iran pipe found for the northwest corner of said 2.476 acre tract, and for a point on the east property line of a called 25.00 acre tract conveyed to Browning Ronald S. Document # 913419, of the Official Public Records of Nueces County, Texas, for•the southwest corner of this tract; THENCE N 28° 38' 25" E — with the common property line of said 25.00 acre tract and a called 10.52 acre tract conveyed to Guadalupe Leon in Document No. 2000014484, of the Official Public Records of Nueces County, Texas, a distance of 1148.31 feet to a 5/8 inch iron rod set on the southwest corner of 1.76 acre tract conveyed to the city of Corpus Christi, Texas, for a 145 foot wide Drainage & Utility Easement, recorded in Document No. 2007055094 of the Official Public Records of Nueces County, Texas, for the northwest corner of this tract; THENCE S 61° 23' 08" E — with the common property line of said 145 foot wide Drainage & Utility Easement and this tract, a distance of 567.42 feet to a 5/8 inch iron rod set for the southeast corner of said 145 foot wide Drainage & Utility Easement, being on the west property line of a Street Dedication of a tract being 0.278 acre conveyed to the city of Corpus Christi in Document No. 2007055094 of the Official Public Records of Nueces County, Texas, for the upper northeast corner of this tract; THENCE S 01° 56' 47" W — with the common property line of said Street Dedication and this tract, a distance of 73.04 feet to a 5/8 inch iron rod set on the said west right of way line of Rodd Field Road, for a corner of this tract; THENCE S 28° 36' 52" W, with the said west right of way line of Rodd Field Road, a distance of 1083.45 feet to the PLACE OF BEGINNING containing 15.80 acres of land, more or less. This Field Notes Description constitutes a legal document, and, unless it appears In ifs entirety, in its original form, including preamble, seal and signature, surveyor assurnes no responsibility or fiabilf y for its correctness. It is strongly recommended, for Ike continuity offuture surveys, that this document be incorporated In all fumy conveyances, without any revisions or dekfions. 1 ictor S. Medina Registered Professional Land Surveyor icense Number 3419 • TnAa QMO TECH Wain innirraltilltel, arc. .vmwaes or a—arw 00118171010AWSIS 8330 Saratoga Blvd., Suite 0 Corpus Christi, TX 78414 Phone (361)993 -0808 Fax (351) 993 -2955 FIELD NOTES Being a 4.56 acre tract, out of that 6.677 acre tract conveyed in document No. 2002047584, of the Official Public Records of Nueces County, Texas, said 4.56 acre tract of land being out of Lot 23, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, and being more fulo, described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the northeast corner of a called 10.52 acre tract conveyed to Guadalupe Leon in Document No. 2000014484, of the Official Public Records of Nueces County, Texas, said 5/8 inch iron rod being the southeast corner of this tract; THENCE N 61° 17' 49" W - with the common property line of said 10.52 acre tract and this tract, a distance 453.48 feet, to a 5/8 inch iron rod found for southeast corner of tract deeded to Brighton Park Baptist Church recorded in Volume 65, Page 15 of the Map Records of Nueces County, Texas, for the southwest corner of this tract; THENCE N 06° 55' 18" E - with the common property line of said Brighton Park Baptist Church, a distance of 404.04 feet to a 5/8 inch iron rod set for the southwest corner of a called 135 foot wide Drainage & Utility Easement recorded in Document # 2007055094 of the Official Records of Nueces County, Texas, for the northwest corner of this tract; THENCE S 61° 13' 08" E - with the common property line of said 135 foot wide Drainage & Utility Easement and this tract, a distance of 602.99 feet to a 5/8 inch iron rod set on the west property line of a called 145 foot wide Drainage & Utility Easement recorded in Document # 2007055094 of the Official Records of Nueces County, Texas, for the northeast corner of this tract; THENCE S 28° 38' 25" W, at a distance 10 feet pass a 5/8 inch iron rod set for the southwest corner of said 145 foot wide Drainage & Utility Easement, in all a distance of 366.13 feet to the PLACE OF BEGINNING containing 4.56 acres of land more or less. This Field Notes Description constitutes a legal document, and, unless it appears in is entirety, in its original form, including preamble. seal and signature, surveyor assumes no responsibility or liability for its correctness. tt 1s strongly recommended, for the continuity offuture surveys, that this document be incorporated in all future conveyances. without any revisions or deletions. July 1, 2008 080701 -2.doc 1 -131- rotor S. Medina Registered Professional Land Surveyor License Number 3419 SOU TNS IGNTGN PARK BAPTIST CHURCH 2 76 . `JH ;V:I N 85'41 R 68„ 74 69 78.�a .73,72 Na9V1%PE.YAit83 vticaj-. • 88: ..x\ 85 84 S -1U N 1 T'-2 ATTAR ESTATES UNIT 2 23 F -R 0 150 300 atPerT CASE # 0608 -01 4-1 APMmetll Mouse Dis lid 444 Apartment Maya District Y: Aprtrrrl (louse District an Prdtetialn 'Jilts District AT Apartment-Tourist dnlid 61 Neighbrrud Business District 61A Neighborhood Business (Baia 62 Sefton! ButhMas District 624 Barrier bland Business District 63 Burlaps District B-1 reel Busmns District 6: Primary Bushlns District B6 Primary Business Cott District BD Capes Cthib Each ()nip Cisi FA Semi Rural District MC MisnncaHUXurel Landmark RKMfllot 1 -1 Untied Indatriol District 1-2 Lips h dutrial Distal 1-1 Nary lnaisis District PUD Planned Una D nlc mint 618 One Fan* Dwain. DMPld S1-1B One Family Dwein9 District R -IC One Family Dwttig Disrricl R -: MifiaM DwSin9 Maid RA One Fandk Chuang DiMdct RE Rtsidarbl Elate District R -TM Teat* oust DMng District SP SpasiM Pen e T -1A Taval Tnilr PIr District T -1B Marrlactured Mane Prk Direct T -IC Manubcmrcd Mane Subdivision Meier Subgn ropey, ,,. Own es sash 200' ladles ... in lava 4 Ownrs :skein 200'lerd v �wy�/ Owners reached ow lash* amble A In opposirun -132 10 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: August 19, 2008) Case No. 0708 -03, Texas Funding Corporation: A change of zoning from an "A -2" Apartment House District to a "B -1" Neighborhood Business District resulting in a change of land use from residential to commercial on property described as Paul Court Subdivision, Block 13, Lot 12 located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway. Planning Commission's & Staff's Recommendation (July 9, 2008): Denial of the `B -1" Neighborhood Business District and, in lieu thereof, approval of an "A -2" Apartment House District with a Special Permit subject to the following seven (7) conditions: 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 3. Parking: Required off - street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non - medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off -street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off -street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of Planning Commission's & Staff's Recommendation Staff's Summary: • Request: The applicant is requesting a change of zoning on a 7,000 square foot lot from "A -2" Apartment House District to a `B -1" Neighborhood Business District for speculative zoning purposes. The applicant intends to resale the property. Previous use of the property since 1989 was a nonconforming law office use. • Zoning: The `B -1" Neighborhood Business District provides primarily for retail shopping, office and personal service uses to serve the needs of nearby residential neighborhoods. The District also allows single and multi - family residential uses. The district requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard setbacks when adjacent to residential zoning districts, otherwise there are no side or rear yard setbacks. The `B -1" District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. • While the proposed use of the property is for offices, the applicant is requesting a change in zoning to `B -1" Neighborhood Business District because the "B-1" zoning district offers greater flexibility in the future to use the property for either office or commercial uses. —135— Agenda Memorandum Case No. 0708 -03 (Texas Funding Corporation) Page 2 • The `B -1" Neighborhood Business District allows a wide range of retail business uses for the purpose of serving a neighborhood, however, careful placement of the `B -1" District is necessary in order to avoid any unintended spillover effects from the commercial district to the adjoining neighborhoods. Principle among these affects is usually noise, lighting and the abrupt transition from the hard spaces associated with a business directly adjacent to the green spaces of a residential neighborhood. • Existing Land Uses: The surrounding area is primarily zoned "A -2" Apartment House District and used for single family residential uses interspersed with small scale medium density residential units. There are several churches in the neighborhood and the Salvation Army facility which is also zoned "A -2" is located north across Lipan Street from the subject property. Located east of the property are single family residences which are zoned "A -2 ". Located south of the property is zoned "A -2" District developed with a duplex use with single family residences beyond that use and all zoned "A -2 ". Located west of the subject property is a vacant lot zoned "A -2" and beyond that use are four single family residences uses which are zoned `B -4" General Business District. • History: The subject property is located within the original town site of the City which incorporated in 1852. The subject property is located within the Paul Court subdivision which was recorded in March of 1908. The existing building on the subject property was constructed in 1920 as a single family residential structure. The building was converted from a single family residence to an office in 1989. • Utilities: The subject property has gas, storm water, water and wastewater service available. • Drainage: The subject property is located at elevation 45 feet above sea level and is served with curbs and gutters and underground drainage and is located within Flood Zone C which is outside of the 100 year flood plain. • Comprehensive Plan Consistency: The subject property is located in the South Central Area Development Plan. The Comprehensive Plan future land use indicates medium density residential for the subject property and the surrounding area. The applicant's request for neighborhood business zoning is therefore not consistent with the Comprehensive Plan future land use. However, the South Central ADP policy statements encourage conversion of residential uses to higher intensity uses when a well integrated development plan is created. • 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 South Central Area Development Plan (originally adopted in 1991 and updated in 1995 and 2004) 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: -136- Agenda Memorandum Case No. 0708 -03 (Texas Funding Corporation) Page 3 South Central Area Development Plan (ADP) Policy Statements: The specific goal of the South Central Area Development Plan is to facilitate the redevelopment of the South Central Area over the next 20 years to create a thriving central area neighborhood community in which to live, work, play, raise a family, invest and visit. The City will focus on implementing the South Central Area Development Plan in order to promote an exciting central business district, revitalize inner neighborhoods, expanded economic opportunities, and many more choices for recreation and entertainment, from outdoor activities ranging from sports to cultural events within the area. Principle objectives of the Plan include (objectives pertinent to this zoning case are listed below): Stabilize and conserve residential neighborhoods; 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. POLICY STATEMENT B.1 The City Council, hereby, adopts the Future Land Use Plan map and the accompanying text as a guide for future land use decisions. The intent of the proposed land use plan is to high intensity mixed use development and civic oriented development of the highest order with the South Central ADP area. Staff Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low- density residential activities from higher - intensity activities such as increased noise, environmental impacts from increased lighting, and other land use compatibility elements must be adhered to. POLICY STATEMENT B.33 — Planning Area C Redevelopment within the Low- to Mid -Rise Professional Office and Residential areas of Area C, (see the Land Use and Development Plan, Figure 2) should be encouraged as long as the redevelopment does not detract from the residential neighborhood. Much of this area is used for single- family or multi - family residential or for professional offices. Professional office uses are generally compatible with single- and multi - family development in this area. Neighborhood serving commercial uses of low intensity may be considered for the area however, 24 -hour commercial uses, bars or clubs should not be allowed. 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: • 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 —137— Agenda Memorandum Case No. 0708 -03 (Texas Funding Corporation) Page 4 these uses must abut residential areas, steps shall be taken to minimize conflicts such as spillover of lighting, noise, through the use of open space, landscaping, screening fences, walls, shielding of lighting, etc. Notification: Of the twenty -two (22) notices mailed to the surrounding property owners within the 200 foot notification area and of the three (3) notices mailed outside the 200 foot notification area, three notices were returned in opposition (8.50 %) from within the notification area, and zero notices were returned in favor. 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 voti gg. Vat. , 4‘1— 170 Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (July 9, 2008) 3) Ordinance PIM/Project Manager A'. SrCP /CP Planning Director H:\PLN- DIR\SHARED\Beverly\2008 CCVur08 \0708- 03AGENDAMEMO. doc -138- CITY COUNCIL ZONING REPORT Case No.: 0708 -03 City Council Hearing Date: August 19, 2008 Applicant & Legal Description Applicant: Texas Funding Corporation Owner: Same as Applicant Representative: Curtis Speed Legal Description/Location: Paul Court Subdivision, Block 13, Lot 12, located at the southwest corner of Lipan Street and Josephine Street between City Hall and the Crosstown Expressway (1503 Lipan Street) Zoning Request From: "A -2" Apartment House District To: "B-1" Neighborhood Business District Area: 7,000 square feet Purpose of Request: To allow for speculative zoning for office or commercial use of the existing building with associated parking Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "A -2" Apartment House District Vacant office Medium - density Residential North "A-2" Apartment House District Salvation Army Medium - density Residential South "A-2" Apartment House District Medium Density Residential Medium Density Residential East "A-2" Apartment House District Single Family Residential Medium Density Residential West "A-2" Apartment House District Vacant land Medium Density Residential ADP, Map & Violations Area Development Plan: South Central; The Comprehensive Plan future land use map supports medium density residential use for the subject property. Map No.: 046044 Zoning Violations: Previous law office use was a non - conforming violation but is now closed. —139— Zoning Report Case No. 0708 -03 (Texas Funding Corporation) Page 2 Staff's Summary: • Request: The applicant is requesting a change of zoning on a 7,000 square foot lot from "A -2" Apartment House District to a `B -1" Neighborhood Business District for speculative zoning purposes. The applicant intends to resale the property. Previous use of the property since 1989 was a nonconforming law office use. • Zoning: The `B -1" Neighborhood Business District provides primarily for retail shopping, office and personal service uses to serve the needs of nearby residential neighborhoods. The District also allows single and multi - family residential uses. The district requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard setbacks when adjacent to residential zoning districts, otherwise there are no side or rear yard setbacks. The `B -1" District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. • While the proposed use of the property is for offices, the applicant is requesting a change in zoning to `B -1" Neighborhood Business District because the `B -1" zoning district offers greater flexibility in the future to use the property for either office or commercial uses • The `B -1" Neighborhood Business District allows a wide range of retail business uses for the purpose of serving a neighborhood, however, careful placement of the `B -1" District is necessary in order to avoid any unintended spillover effects from the commercial district to the adjoining neighborhoods. Principle among these affects is usually noise, lighting and the abrupt transition from the hard spaces associated with a business directly adjacent to the green spaces of a residential neighborhood. • Existing Land Uses: The surrounding area is primarily zoned "A -2" Apartment House District and used for single family residential uses interspersed with small scale medium density residential units. There are several churches in the neighborhood and the Salvation Army facility which is also zoned "A -2" is located north across Lipan Street from the subject property. Located east of the property are single family residences which are zoned "A -2 ". Located south of the property is zoned "A -2" District developed with a duplex use with single family residences beyond that use and all zoned "A -2 ". Located west of the subject property is a vacant lot zoned "A -2" and beyond that use are four single family residences uses which are zoned "B-4" General Business District. • History: The subject property is located within the original town site of the City which incorporated in 1852. The subject property is located within the Paul Court subdivision which was recorded in March of 1908. The existing building on the subject property was constructed in 1920 as a single family residential structure. The building was converted from a single family residence to an office in 1989. • Utilities: The subject property has gas, storm water, water and wastewater service available. • Drainage: The subject property is located at elevation 45 feet above sea level and is served with curbs and gutters and underground drainage and is located within Flood Zone C which is outside of the 100 year flood plain. • Comprehensive Plan Consistency: The subject property is located in the South Central Area Development Plan. The Comprehensive Plan future land use indicates medium density residential for the subject property and the surrounding area. The applicant's request for neighborhood -140- Zoning Report Case No. 0708 -03 (Texas Funding Corporation) Page 3 business zoning is therefore not consistent with the Comprehensive Plan future land use. However, the South Central ADP policy statements encourage conversion of residential uses to higher intensity uses when a well integrated development plan is created. • 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 South Central Area Development Plan (originally adopted in 1991 and updated in 1995 and 2004) 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: South Central Area Development Plan (ADP) Policy Statements: The specific goal of the South Central Area Development Plan is to facilitate the redevelopment of the South Central Area over the next 20 years to create a thriving central area neighborhood community in which to live, work, play, raise a family, invest and visit. The City will focus on implementing the South Central Area Development Plan in order to promote an exciting central business district, revitalize inner neighborhoods, expanded economic opportunities, and many more choices for recreation and entertainment, from outdoor activities ranging from sports to cultural events within the area. Principle objectives of the Plan include (objectives pertinent to this zoning case are listed below): Stabilize and conserve residential neighborhoods; 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. POLICY STATEMENT B.1 The City Council, hereby, adopts the Future Land Use Plan map and the accompanying text as a guide for future land use decisions. The intent of the proposed land use plan is to high intensity mixed use development and civic oriented development of the highest order with the South Central ADP area. Staff Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low- density residential activities from higher - intensity activities such as increased noise, environmental impacts from increased lighting, and other land use compatibility elements must be adhered to. POLICY STATEMENT B.33 — Planning Area C Redevelopment within the Low- to Mid -Rise Professional Office and Residential areas of Area C, (see the Land Use and Development Plan, Figure 2) should be encouraged as long as the redevelopment does not detract from the residential neighborhood. Much of this area is used for single- family or multi - family residential or for professional offices. Professional office uses are generally compatible with single- and multi - family development in this area. Neighborhood serving commercial —141— Zoning Report Case No. 0708 -03 (Texas Funding Corporation) Page 4 uses of low intensity may be considered for the area however, 24 -hour commercial uses, bars or clubs should not be allowed. 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: • 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 such as spillover of lighting, noise, through the use of open space, landscaping, screening fences, walls, shielding of lighting, etc. • C5 p; ♦. °' Street Type (Urban Transportation Plan) Paved Section Existing Volume (2001) Projected Volume Lipan Street C -1 — Minor Collector 60' ROW, 48' BB 5,740 ADT NA Josephine Street NA — Local Residential Street 60' ROW, 40' BB NA NA *Source: 2001 Traffic Counts, Traffic Engineering Division City of Corpus Christi. Plat Status: The subject property is platted. Department Comments: Since the Future Land Use Plan calls for Medium Density Residential uses in this neighborhood, Staff recommends denial of the requested zoning change, but could support the existing "A -2" Apartment House District with a Special Permit, or a change in zoning to "AB" Professional Office District based on compatible density and traffic generation being similar to future development of medium density residential as permitted with the existing "A -2" District. The "AB" Professional Office District includes language which would allow similar use impacts and traffic generation, and that `B -1" Neighborhood Business District permitted uses such as shopping centers, restaurants, etc. are not compatible with "A -2" permitted uses. —142— Zoning Report Case No. 0708 -03 (Texas Funding Corporation) Page 5 Staff Recommendation: Denial of the `B -1" Neighborhood Business District and approval of an "A -2" Apartment House District with a Special subject to the following seven (7) conditions. 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 3. Parking: Required off - street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non - medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off - street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off - street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Denial of the `B -1" Neighborhood Business District and approval of an "A -2" Apartment House District with a Special Permit subject to the following seven (7) conditions. 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 3. Parking: Required off- street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non - medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off - street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off - street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —143— Zoning Report Case No. 0708 -03 (Texas Funding Corporation) Page 6 Number of Notices Mailed Favor Opposition (As of July 29, 2008) — 22 within 200 foot notification area; 3 outside the 200 foot notification area. — 0 (inside notification area); 1 (outside notification area) — 3 (8.5 %)(inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case Map 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. City Charter — Article V- Planning H:\PLN- DIR\SHARED\Beverly\2008 0\2008 Zoning Report\Iuly \CC\0708 -03 Texas Funding Corporation.doc -144- CASE # 0708 -03 1. NEIGHBORHOOD - 2006 AERIAL. Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com fit' -dIt 5'ix4 �. !I wEEht. k.`._'jt 11 Ililiillii' :' III iy!I, rot s r'1 IIY!IiNI r 'Iflllli, ° QI9l MB Fr 110112 tl hi, 7. IilCllllll e "r— I 'IRliitlll �„ I l III lilt' , u af II�'�nd{ •I Clones . unri.o CASE # 0708 -03 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com L PROPERTY CASE # 0708 -03 2. NEIGHBORHOOD - EXISTING LAND USE I ER LDR Estate Residential. - ER Low Density Residential. - LDR giE 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 IVAC] G71_ Itn:'a PROPERTY CASE # 0708 -03 2. NEIGHBORHOOD - EXISTING LAND USE I ER LDR Estate Residential. - ER Low Density Residential. - LDR giE 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 IVAC] G71_ Itn:'a • 3c. 'fl�- nd pip�����w��� -a .: HA7U! • • if :nn kji SO mi CASE # 0708 -03 2. NEIGHBORHOOD - EXISTING LAND USE m LOP Estate Residential. - ER Low Density Residential. • LDR EVE Med Density Residential. - MDR High Density Residential. - HDR is Mobile Home - MH Vacant • VAC Professional Office • PO - Commercial - COM Light Industrial • LI Heavy Industrial • HI Public Semi - Public • PSP Via ES Il = 3 City of Corpus Christi (sal `I6 aN 1 ' mR" L!13;u1 LDR Ilflh Ali 11 p . fit 0o ; CASE # 0708 -03 3. NEIGHBORHOOD - FUTURE LAND USE n m LDR Agricultural /Rural - AR - Tourist - TOR Estate Residential - ER ® ResearchiBusiness Park • RBP Low Density Res. • LDR Light Industrial • LI gigi Med Density Res. • MDR Heavy Industrial • HI _ High Density Res. - HDR Public Semi•Public - PSP ME Park Drainage Corridor - DC PO EEO Dredge Placement • DP ni Water Conservation /Preservation • CP Mobile Home - MH Vacant - VAC Professional Office • - Commercial • COM Transportation Plan Existing Proposed Arterials - - -- Collectors - - - -. a® Expressways mum eta Parkway 1111[- Railroad NEE City of Corpus Christi MESTINA _;'Ili 1-1717;} .4 ga HOWARD De •' enr of CASE # 0708 -03 3. NEIGHBORHOOD - FUTURE LAND USE n m LDR Agricultural /Rural • AR - Tourist • TOR Estate Residential - ER - Research /Business Park - RBP Low Density Res. • LDR ® Light Industrial • LI _ Med Density Res. - MDR r Heavy Industrial - HI - High Density Res. - HDR - Public Semi - Public • PSP - Mobile Home - MH ® Park Vacant • VAC Drainage Corridor • DC Dredge Placement - DP Commercial - COM n Water Conservation /Preservation • CP EIR MI Professional Office • PO Transportation Play Proposed Existing Arterials - -ose -- Collectors - - - -• e®naslw Expressways SIMSNE Parkway +a++± Railroad Er E City of Corpus Christi rtl t= t R CASE # 0708 -03 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.catexas.com a ID 6 5 4 3 2B lA A-2/HC-Iln N�8 tO CO } S A -2 8 9 10 11 12 7 14 13 6 5 4 3 2 1 7 8 9 10 11 12 8 9 10 0 r 6 6 5 4 3 2 1 7 8 9 10 P4 11 UL 12 8 9 10 11 r 6 5 4 3 2 t: 6 5 (9) 4 3 2 1 MES TINA B -5d 6 5 0) 4 3 2 1 8 9 10 11 8 12 13 Z 8 9 10 711 Sq 7 1) 6 5 4 Ui A 3 2 11 12 13 14 =4i/$P1 -7= «s 1 L6 S i 4 3 2 1.113J /PROPERTY A B -4 8 10 %,;• 7 8 9 10 11 r A 5 4 3 2 1 3. 6 5 4 3 2 COMANCHE CT 0 100 20J ..■ •Ff%t 7 8 iT 7 8 9 10 63 11 12 6 5 4 3 2 1 HOWARD 7 8 10 11 12 ++9 )T 6 5 4 3 2 1 7 8 9 10 11 12 6 5 4 3 2 1 c B 1 -2 7 8 9 (q 10 11 12 6 5 51a�itaa PI'ppate f8yi SRR 2 tp� enr of 0e. Zttii—, CASE # 0708 -03 5. SUBJECT CASE 3 = City of us Chnsti J9- / tf 9 10 4 '° 6 5 8) 4 3 28 IA J A-2 /HC -klit is A-2 8 9 10 11 12 7 13 14 13 6 5 4 3 2 1 7 8 9 10 11 12 6 5 4 3 2 1 7 3 9 10 PAU 11 12 6 5 4 3 2 1 MES TINA 8- 6 5c 5 4 3 2 1 8 9 10 1 8 12 4 13 x a 8 9 10 11112 3 7 .1 7 Ia wP1-9 7 2 0 11 5 A4 2 7 3 P-.PERTY 0 C 5 3 2 0 100 20b Fe It 7 8 7 8 9 10 Th 11 12 6 5 4 3 2 1 HOWARD 2 1 7 8 9 10 11 12 6 5 4 3 2 1 8 I -2 r8 -L�1 F 17 3 9 ea 10 11 12 5 81242bU8 6 P pparG?Sy SR, part - enr of evelo men Services 211 I �► CASE # 0708 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 41 paronenl House 0i,NCI 1-1 Limited Industrial District 5.14 .ti.alunent House Oislncl 1 -3 1411A Industrial District 'Raiment House DisIecl 41 Heart' ee nNi al Cliln it =B Professional Office 0.s1:ic1 PLIC. Planned Unit Develq:menl AT esartnenl- Taanst Distal R -I5 One Family Dwelling Oisnm 6J IIei'ghbaIoad Business District R -16 One Fam,I/ Oreging Cislncl RTC One Family Dveaing Cislncl F -2 kkow;ie Draping Cishict R4 0" Family Duelling Bahia FE Pesmenfal Estate ITVna R -iH Townhouse Dwelling District SP Special Fermis T -La Travel Tracer Park Ci &m T -I8 Manulaclurecl Hum Park Dania T -L, Manufactured Horne Sebddsi,n DiSlnel - 8 -1= nelgnbanood Business Capin B -1 Bakfrad Business District 8-14 Barrier Island Business Dinliu 8-3 Business Dinnct B -a general Enables; District E-5 Pnmsy Business Diana 6:• Pi near: easiness Core 0,sIIrJ f0 cactus =mi ;u Beach Design Oat F -R Fan; Purl Cislncl MC HiuoncskOultnal Landmark PreseI anon aC! Roper'.. [_.a AC P e V a area ..`-tn a-ie A .. 1C1 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0708 -03 Name: Texas Funding Corporation Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 22 Returned undeliverable: 3 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 3 (8.50 %) #10, 3.47% - Aurora Cantu, 6401 Erskine Dr. - No comments #16, 3.28% - Henry Reyes, 1516 Camanche - "The home has been family homes for generation. #17, 1.75% - Jesse Reyes, 1520 Comanche - "These homes have been family homes for generations. Some of these families do not read or write in English and these letters are in English." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 #22, Texas Funding Corporation, Owner, "To bring property in compliance with its recent use." Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: -160- 1 s LtW;38nmNNmmNm 8822800 Wm 00000000000000000 000 00 008108 owora 0000 0,-Nme11/0n00 .- NmemmnmOO'N 0 LL a°i X;Ra¢a°gaQaTgggg Ka°ae Xaega°XX X NNmmO.-mVll mnim Nmr“;m H.nm' Xm 02g2200c%.000000(V 00v00m po8000noN 0000002$ 0222 .o.-e mm-nn W � N o w 00 NNNNNmWWWW m'YY "000000000000000 - YYYbmY 0,N 000wm- e00n00/1-nmem001-,.- 0m--NFFFFFFFnFFFFFFFF J0000000000000000 a WWWWWWJJJ JJJJJ 0 ZZZZZZ(�77777777J7777777 ii J 000iRlaklI444flflflfl a 000�0?00002'ON1e 222 gmmmmmmm 0mmag� m m o oo0 W F F XXX XXXX F% %%X %%%X%XXX %XX u�i - t-r nt�'rr� ' -��-rn FrF- ni -`-� -n �- f �- p NN0 NNNNNN000000i0(0 NNN __ I ¢_¢__¢ ¢_C_¢_¢_C_¢_¢_¢_¢_¢_¢_¢_¢_ ¢_¢_¢_ .a = :. f0 c C me 000 0000000000000o000z 0 0 NNmawwwwwwm----- w0www0 0000 Zn Mumz 6666666¢d¢d6600M1d00 33 m ¢¢pp¢p¢ ¢K¢¢¢K¢¢yp¢¢¢¢ -¢¢¢7 p3p Zi U UUOU¢00000008888880a0UUSO 000 0 z b 00Q N UU w - F W - W M Z W ww m m 7 Cll m ¢J Z P y° m z a as w n w N8j x ° o m Lk, o mz 0 0 a m q Y O ,mm3 0 °0myO a • , m m N . a C M1 S Cl 5 w aZ m W J C X 0m o Q F W Z O °w ¢ 0 w> 8 0 iza ¢ a io mg a W u� 0 {{°�° "' a awzmiw 60i0iimW�oa . F y c QZO ¢fQQ (A,IQgzeslwIIl_ZZZn m V dI w<mm m a7¢g.wUZ000wso 000842 O 2 pp ¢NJ% s C ¢ f.- m iFv F08�$ m 6 K o i o m z N 0�. i W �° S 0 3 of 7 0 2 �� o� 6 m s r saa0 �+ i >W oOW$ Y c_ 0 am > �)Jp Z2yZN Qi$vO�NmO ¢WU7�U -6 8 amw <a,mgoomWOWiKioiaa00 r� to ryry z w '= -ow� wyaMturaZ�m- w,o�i62 u v =gJm g pawQ ¢amw7¢�6mOOmmizozw b mw F W 0ma >Z ZNZ UZOfawz zww zw a a E wig 0 O <0>Wi<00¢<u� 6�°io¢<4iiii M2 m z¢OSmmomU'- LLU22�0U'¢¢W 'ULLFf P omoo q q "sggQ'sg$s " "s °os °s °$ss 2 12P1g8§8 M 8881 §g8 §1 1 N mnn �m0emilOmmmammmimmm N 0-Nmemmnm NemmmmO,N mi' N n sa —179 L- 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: ( I) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming and lodging houses. ( 5) Private clubs, fratemities, 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. (1 1) Assisted living facility. (Ordinance 24566, 08 /28/01) 02/08 AT -165- - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5 -1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -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 -IA -167- - 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 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. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. 02/08 R -1A -168- _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 Tots 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 -169- - 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 "33-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. (2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (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: ( 9) 02/08 -170- B-1 - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side ofa lot adjoining an "R -IA ", "R -1B ", "R -IC ", "R -2", "A -1 ", "A -IA ", 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 ofa 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 -171- 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: ( I) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. ( 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 (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -172- - 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 AB -173- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday July 09, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Vice - Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly David Loeb Govind Nadkarni ABSENCES: R. Bryan Stone, Chairman 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 Saldafia, Special Services Chip Baish, P.E., Special Services Bob Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Assistant City Attorney 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 5:33 p.m. B. ZONING 1. New Zoning b. Case No. 0708 -03 Texas Funding Corporation - A change of zoning from an "A- 2" Apartment House District to a "B -1" Neighborhood Business District resulting in a change of land use from residential to commercial Paul Court Subdivision, Block 13, Lot 12 located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway Mic Raasch presented the above zoning request stating the subject property is located at 1503 Lipan Street which is located at the southwest corner of Lipan and Josephine Streets. The applicant is requesting a rezoning from an "A -2" Apartment House District to a `B -1" Neighborhood Business District for the purpose of using the structure as an office. The location map shows the property to be west of the downtown area between City Hall and the Crosstown freeway. The subject property had been used for 15 -16 years as a non - conforming attorney's office. The structure is a story and a half which was converted from a single family use in 1989. Mr. Raasch stated that twenty-two notices were mailed with zero returned in favor or opposition. Staff recommends denial of the "B-1" Neighborhood Business District and approval of the "A -2" Apartment House District with a Special Permit subject to a site plan and the following seven (7) conditions: 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. -174- Planning Commission Minutes July 9, 2008 Page 2 2. Height: Building(s) shall not exceed two stories or 26 feet in height. 3. Parking: Required off -street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non - medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off - street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south property line. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off -street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. In answer to Commissioner Tamez, Mr. Raasch stated that the property has been non- conforming since 1989. There is a minimally paved parking lot located in the back of the building. In answer to Commissioner Loeb, Mr. Raasch stated that a new certificate of occupancy and building permit will be required so that the re -use of the abandoned structure will meet all code requirements. Mr. Skrobarczyk stated in this area there is a section of "B -4" and a section with "B-1". Commissioner Skrobarczyk stated he does not understand staff's resistance to putting "B -1" in this area seeing how it is strategically located near the downtown area. Faryce Goode -Macon stated the reason for the existing `B -4" General Business District was to accommodate a "mom and pop" facility that has been there approximately since the 1930's. Since 1997, there have been similar requests such as the one today and previous Council and Planning Commissions have given direction that this area could transition to business use, but it should transition slowly with Special Permits. Mr. Raasch stated that looking at the existing land use plan, there has been no commercial on those commercial zoned tracts except the store at the Salvation Army. There are commercial areas that front on Leopard Street but there really has not been a large demand for commercial and there is a viable neighborhood surrounding the George Evans Elementary School. Public hearing was opened. Glenn Lee, Texas Funding Corporation, P.O. Box 19562, Houston, Texas stated they were the lender on the property but foreclosed on the property when the prior owner defaulted on the mortgage. After foreclosing on the property, the owner had some painting, done replaced the air conditioning and discovered that the zoning was not appropriate for what it was —175— Planning Commission Minutes July 9, 2008 Page 3 previously being used for. The owner contacted the City staff and staff indicated that in order to use the property for office and commercial uses, they should apply for a "B-1"Neighborhood Business District which would not allow bars and other incompatible uses. Mr. Lee stated he does not know what type of business will go there but assumes it will be an office. Mr. Lee stated that since they have had the business for sale, they have had inquiries, such as one lady who was interested in opening an antique shop which would be an enhancement to the neighborhood. Mr. Lee stated they would much rather have a "B -1" Neighborhood Business District because the Special Permit puts them in a box, and it may take at least a year to get sell the property. Mr. Lee stated the property next door belongs to a church. Mr. Lee stated they would very much appreciate receiving the `B -1 "Neighborhood Business District. Commissioner Loeb questioned how long it would take to bring it up to code. Mr. Lee stated that he was not aware of much it is out of code. The landscaping could be done right away and said that the owner would cooperate with the city to meet all code requirements. Public hearing was closed. Commissioner Skrobarczyk stated that if the goal is to transition to commercial, an antique shop is not going to fit the special permit. Commissioner Skrobarczyk stated that since there is a transitional period at this time, he doesn't see the offense of a "B -1" Neighborhood Business District. Commissioner Loeb stated his concern of going into residential areas when the master plan recommends something else. Commissioner Loeb stated there is not a shortage of commercial property in this area and no shortage of space to put medical offices. Commissioner Loeb stated that this is not a commercial business structure; it is a house and the non - conforming use is now gone. Commissioner Loeb stated the City has been working on Everhart and Airline on the problems associated with putting commercial businesses on residential lots for twenty years and there is more to the issue than whether the zoning is there and whether the landscaping is there. Commissioner Loeb stated it is his opinion that if the zoning is granted, Commissioners will be back in the future dealing with the new owner who thought he could go in and open a new business because they had a special permit and now they're looking at an electrician and landscaping bill that is beyond their budget. Commissioner Loeb stated there was no way he could vote yes for anything that changes the zoning. Commissioner Skrobarczyk stated he is concerned with the Planning Commission, as a body, putting themselves in a position to dictate to a private land owner in America what he can and cannot do with his property, just because somebody else thinks there is enough room elsewhere for this or that. Commissioner Skrobarczyk stated this area is already 10 or 15% business and is considered a future transition area. Commissioner Loeb stated the former Councils are the people who passed the Comprehensive Plan that calls for more housing and the Future Land Use map that says it should be medium density residential. Commissioner Loeb stated this Planning Commission exists to tell people what they can and cannot do with their land; if the Commission weren't doing that there would be no need for a Planning Commission. Commissioner Loeb stated there are plenty of commercial buildings and office space available in the area and there is no need to start randomly putting businesses in residential neighborhoods or allowing previously non - conforming uses to come back, and it is not stated in any of the Master Plans to do so. —176— Planning Commission Minutes July 9, 2008 Page 4 Commissioner Tamez stated he knows this neighborhood very well, and unfortunately the residential neighborhoods in this area are deteriorating and that when someone wants to do something positive in this neighborhood the City needs to bend over backwards to see that they can accomplish it. Commissioner Tamez stated he does not know if the applicant will ever recoup their investment as a residential piece of property, and it is part of the Commission's responsibility is to help investors come into the city and be successful. Commissioner Huerta agreed with Commissioner Loeb that there are not many viable areas that could be residential. Motion was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni for denial of the `B -1" Neighborhood Business District and approval of an "A -2" Apartment House District with a Special Permit subject to seven (7) conditions. Motion passed unanimously with Commissioner Loeb voting in opposition and Chairman Stone being absent. -177- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TEXAS FUNDING CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE TO PAUL COURT SUBDIVISION, BLOCK 13, LOT 12 FROM "A -2" APARTMENT HOUSE DISTRICT TO "A -2 /SP" APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT FOR SPECULATIVE ZONING PURPOSES IN THE SALE OF THE PROPERTY, SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Texas Funding Corporation, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 9, 2008, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 Paul Court Subdivision, Block 13, Lot 12, located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway, from "A -2" Apartment House District to "A -2 /SP" Apartment House District with a Special Permit to allow for speculative zoning purposes in the sale of the property, subject to a site plan, attached, and seven (7) conditions. (Zoning Map 046044) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1. Permitted Uses: Uses within the "A -2" Apartment House District shall be permitted in addition to office use. 2. Height: Building(s) shall not exceed two stories or 26 feet in height. H:\LEG- DIR \Shared\Jay\Agendai 2008\ 8- 19 \ORD- zoning0708103- tasFunding A- 2- special permit.doc Page 2of4 3. Parking: Required off - street parking spaces shall be calculated based on one parking space per 250 square feet of gross building area for non - medical office uses and one parking space per 200 square feet of gross building area for medical office uses. Off - street parking shall be concrete or asphalt. 4. Screening Fence: A solid wood screening fence with a height of not less than six (6) feet shall be provided along the west property line and along the south. 5. Lighting: Outdoor lighting if provided shall be shielded and directed away from adjacent residentially zoned districts with no more than two foot candles at all property lines. 6. Landscaping: Landscaping shall meet the requirements of the Landscaping Ordinance for all street yards and the parking lot shall be fully screened from view from Josephine Street with shrubs. Landscaping shall not be located within utility easements. Additional landscaping may be required in compliance with Article 27B, Landscape Requirements of the Zoning Ordinance. 7. Time Limit: Conversion of the office and improvements to the off- street parking and landscaping shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for H:\ LEG- DIR \SharedUay\Agenda \2008 \8- 19 \ORD- zoning0708 -03 -1 exasFunding A- 2- special permit.doc Page 3 of 4 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 19th day of August, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: August 11, 2008 Ing City . orney y Attorney H:\ LEG- DIR \SharedUay\Agenda \2008 \8- 19 \ORD- zoning00t U3'TexasFunding A- 2- special perrnit.doc Page 4 of 4 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:\ LEG- DIR\SharedUay\Agenda \2008 \8- 19 \ORD- zoning0708l xasFunding A- 2- special perrnit.doc MESTINA 7 8 9 10 11 12 6 5 4 3 2 1 7 8 so // � �G 6 5 4 3 2 1 COMANCHE PAIMCT 111121 HOWARD CASE # 0708 -03 Staff and Planning Commission Recommendation ("A2" to "A2 /SP ") —182— - 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 k 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 AT -166- 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 19, 2008 AGENDA ITEM: Public hearing on proposed ad valorem tax rate increase. ISSUE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. The fiscal year 2008 -2009 adopted budget approved by the City Council on July 22, 2008, includes a proposed tax rate of $0.563846 per $100 valuation, which is the same tax rate used for FY2007 -2008. Although this rate does not exceed the rollback rate of $0.578152 per $100 valuation, it does exceed the effective tax rate of $0.548464 per $100 valuation, which means it produces more property tax revenues than the preceding year because of increased property values. As a result of this increase in revenues, two public hearings must be held. This is the first of the two public hearings. The second public hearing will be held on Tuesday, August 26, 2008. REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed tax increase. PREVIOUS COUNCIL ACTION: July 22, 2008 — City Council adopted the City budget for fiscal year 2008 -2009 based on the proposed tax rate of $0.563846 per $100 valuation. July 22, 2008 — City Council voted to schedule September 9, 2008 for adoption of the ad valorem tax rate of $0.563846 per $100 valuation and voted to schedule two public hearings on the proposed ad valorem tax rate for August 19, 2008 and August 26, 2008. FUTURE COUNCIL ACTION: August 26, 2008 — Hold a second public hearing to enable taxpayers to express their views on the proposed tax increase. September 9, 2008 — City Council to vote to adopt the ad valorem tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: No formal City Council action is required. However at the end of each public hearing, the Mayor must announce that during the September 9, 2008 Council meeting beginning at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate. ,.o,6 0 %..L. Cindy O'Brien r� Director of Financial Services Attachments: Background Information August 10, 2008 publication in Caller -Times — Notice of Public Hearing on Tax Increase August 3, 2008 publication in Caller -Times — 2008 Property Tax Rates PowerPoint Presentation -185- BACKGROUND INFORMATION The State Property Tax Code (Code) requires that a taxing unit hold two public hearings when the taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate. The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the prior year, on properties taxed in both years. It is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. The rollback tax rate is a calculated maximum rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day -to -day operations plus an extra 8% increase for those operations, in addition to sufficient funds to pay debts in the coming year. This rate divides the overall property taxes into two categories — maintenance and operations (M &O) taxes and debt service (I &S) taxes. The M &O portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The I &S portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M &O portion, however, may rise only eight percent. The Certification of 2008 Appraisal Roll received from the Nueces County Appraisal District reports a total certified net taxable value, including 75 % of properties under protest, of $13,813,335,014. This compared to the 2007certified values of $13,107,205,639 reflects a 5.39% increase in property values. Of this amount, $372,150,208 is attributed to new growth, or 2.69 %. The FY2008 -2009 budget approved by the City Council on July 22, 2008, includes a proposed tax rate of $0.563846 per $100 valuation. The proposed allocation between the General Fund (M &O) and the Debt Service Fund (I &S) for fiscal year 2008 -2009 is $0.364671 and $0.199175 per $100 valuation, respectively, which is the same allocation as in the prior year. In compliance with the financial policies adopted by the City Council on April 29, 2008, the FY2008 -2009 budget was prepared with the assumption that the City will adopt a tax rate necessary to provide that the General Fund operating revenues equal or exceed the current budgeted expenditures. Although the rate of $0.563846 per $100 valuation does not exceed the rollback rate of $0.578152 per $100 valuation, it does exceed the effective tax rate of $0.548464 per $100 valuation; thus requiring two public hearings. As required by the Code, a "Notice of Tax Revenue Increase" will be published on August 31, 2008 in the Corpus Christi Caller- Times. —186— Public Hearing Notice Published in the Corpus Christi Caller -Times on Sunday, August 10, 2008 Notice of Public Hearing on Tax Increase The City of Corpus Christi will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 2.80 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax rate calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on August 19, 2008 at 11:00 AM during the City Council Meeting at Council Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas 78401. The second public hearing will be held on August 26, 2008 during the City Council Meeting beginning at 10 :00 AM at Council Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas 78401. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: Maya' Henry Garrett Council Member Melody Cooper Council Mamba Larry Etizamdo, Sr. Council Member Bill Kelly Council Member Priscilla G. Leal Council Member John Martz Council Member Nelda Martinez AGAINST: (none) PRESENT and not voting: (none) ABSENT: Council Member Mike Hummell Council Member Michael McCutchon The average taxable value of a residence homestead in City of Corpus Christi last year was $108,076. Based on last year's tax rate of $0.563846 per 5100 of taxable value, the amount of taxes imposed last year on the average home was 5609.38. The average taxable value of a residence homestead in City of Corpus Christi this year is $111,339. If the governing body adopts the effective tax rate for this year of 50.548464 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $610.65. If the governing body adopts the proposed tax rate of 50.563846 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $627.78. Members of the public are encouraged to attend the hearings and express their views. —187— Tax Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 3, 2008 2008 Property Tax Rata in City of Corpus Christi This notice concems 2008 property tax rates for City of Corpus Christi. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last yar's operating taxes 544,014,168 Last year's debt taxes 524,039,537 Last year's total taxes 568,053,705 Last year's tax base 512,069,555,340 Last year's total tax rate 0.563846 /$100 This year's effective tax rate: Last year's adjusted taxes $66,474,577 (after subtracting taxes on lost property) + This year's adjusted tax base 812,120,125,139 (after subtracting value of new property) = This year's effective tax rate 0.548464 /5100 (Maxinnrm rate unless unit publishes notices and holds hearings.) This year's rollback fax rate: Last year's adjusted operating taxes (after $42,530,107 subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent health are expenditures) + This year's adjusted tax base = This yafs effective operating rate x 1.08 =this year's maximum operating rate +This year's debt rate = This yar's total rollback rate 512,120,125,139 0.350905 /$100 0.378977 6100 0.199175 /$100 0.578152 3100 Statement of Increase/Decrease If City of Corpus Christi adopts a 2008 tax rate equal to the effective tax rate of $0.548464 per 5100 of value, taxes would increase compared to 2007 taxes by $461,928. Schedule A • Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund General Fund Debt Service Fund -188- Balance 525,976,513 815,577,965 Schedule B - 2008 Debt Service The unit plans to pay the following amounts for long -term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes 80 be Paid Payment 1996 Certificates of 5150,369 515,338 SO 3165,707 Obligation 2000 Certificates of 5390,960 558,465 50 5449,425 Obligation 2001A General 3243,598 5666,349 50 5909,947 Obligation 2001B General 572,177 515,037 50 587,214 Obligation 2002 Certificates of 5745,831 5751,001 50 51,496,832 Obligation 2002 State 51,202,953 587,966 SO 51,290,919 Infiastructure Note 2003 General SI,669,097 5153,151 SO 51,822,248 Obligation 2004 Certificates of 5159,391 5158,449 50 5317,840 Obligation 2004 General 5905,222 5147,211 SO 51,052,433 Obligation 2005 General 51,999,909 52,450,911 SO 54,450,820 Obligation 2005 Cenificates of 5156,384 5388,917 SO 5545,301 Obligation 2006 Certificates of . SO 5514,246 50 5514,246 Obligation 2007 Certificates of 50 5175,436 SO 5175,436 Obligation 2007 General SO 596,199 50 596,199 Obligation 2007A General 50 5813,504 SO 5813,504 Obligation 2008 Tax Notes 516,000,000 5537,604 50 516,537,604 Total Required for 2008 Debt Service 530,725,675 - Amount (if any) paid from funds listed in Schedule A 56,590,630 - Amount (if any) paid from other resources SO - Excess collections last year 50 = Total to be paid from taxes in 2008 524,135,045 + Amount added in anticipation that the unit will 5746,445 collect only 97.00% of its taxes in 2008 = Total Debt Levy 524,881,490 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 901 Leopard, Suite 301, Corpus Christi, Texas 78401. Name of person preparing this notice: Ramiro R. Canales Title: Tax Assessor - Collector for Nueces County Date Prepared: July 29, 2008 -189- Proposed 2008 Ad Valorem Tax Rate City Council Meeting Public Hearing August 19, 2008 Definitions • Effective Tax Rate - A calculated rate that would provide a taxing unit with approximately the same amount of revenue it received in the prior year, on properties taxed in both years. (Does not take into consideration additional debt service requirements) • Rollback Tax Rate - A calculated maximum rate allowed by law without voter approval. Rollback rate calculations allow taxing units to raise the same amount of maintenance and operations (M &O) revenue raised in the prior year, plus an 8% increase. (Does take into consideration additional debt service requirements) -190- 1 LJ History of Assessed Valuations *2008 Net Values Include 75% of protested properties Tax Year Total Net Values % Change New Growth Y. of Net Value 1995 $ 6,464,727,958 $148,082,359 2.29% 1996 6,745,559,944 434% 141,184,625 2.09% 1997 6,965,898,936 3.27% 162,389,623 2.33% 1998 7,226,045,864 3.73% 145,981,537 2.02% 1999 7,462,585,204 3.27% 163,357,668 2.19% 2000 7,652,057,403 2.54% 145,304,509 190% 2001 8,029,325,055 4.93% 154,277,569 1.92% 2002 8,426,656,727 4.95% 147,526,737 1.75% 2003 8,947,896,398 6.19% 157,308,722 1.76% 2004 9,639,561,772 7.73% 212,973,052 2.21% 2005 10,488,024,828 8.80% 276,420,033 2.64% 2006 11,421,305,918 8.90% 280,797,998 2.46% 2007 13,110,832,851 14.79% 470,218,968 3.59% 2008 Est.* 13,813,335,014 5.39% 372,150,208 2.69% History of Ad Valorem Tax Rates Tax Year Fiscal Year Total Rate M8O 1.81 1995 1995 -1996 $0.612726 $0.439636 $0.173090 1996 1996 -1997 $0.623726 $0.444536 $0.179190 1997 1997 -1998 $0.623726 $0.444536 $0.179190 1998 1998 -1999 80.623726 $0.449336 $0.174390 1999 1999 -2000 $0.623726 $0.468133 $0.155593 2000 2000 -2001 80.623726 $0.463133 $0.160593 2001 2001 -2002 $0.644175 $0.457523 $0.186652 2002 2002 -2003 $0.644175 $0.460031 $0.184144 2003 2003 -2004 $0.644175 $0.466554 $0.177621 2004 2004 -2005 $0.634175 80.460000 $0.174175 2005 2005 -2006 $0.625799 80.426624 $0.199175 2006 2006 -2007 $0.602372 $0.403197 $0.199175 2007 2007 - 2008 $0.563846 $0.364671 $0.199175 2008 Proposed. 2008 -2009 $0.563846 $0.364671 $0.199175 -191- 2 1 2008 Tax Rates (per $100 /valuation) • Effective Tax Rate • ❑ M &O (Maintenance & Operations) Rate • Rollback Tax Rate • ❑ M &O (Maintenance & Operations) Rate ❑ 1 &S (Interest & Sinking Fund) Rate • Ad valorem tax rate included in the FY 08 -09 Adopted Budget • ❑ M &O (Maintenance & Operations) Rate ❑ I &S (Interest & Sinking Fund) Rate $0.548464 ❑ $0.350905 $0.578152 ❑ $0.378977 ❑ $0.199175 $0.563846 ❑ $0.364671 ❑ $0.199175 Tax Rate Facts • Tax Cap = M &O +1&S = $0.68 (excludes voter approved debt) • Increased I &S Rate by 2' cents in FY05 -06 to fund $95M for voter approved Bond2004 projects • Issued $60M in Bonds in 2005 • Issued $35M in Bonds in 2007 —192— 3 11 Closing Comments • ETR does not take debt service requirements into consideration • Bond 2004 voter approved projects allowed for a 2' 1/2 cent increase in Debt Service rate to fund $95Million • Existing debt requirements under cap will drop by over 40% in FY08 -09, allowing for possible Bond2008 funding without tax increases • Adoption of tax rate is scheduled for September 9, 2008 —193— 4 12 AGENDA MEMORANDUM August 19, 2008 SUBJECT: Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) - Project No. 6279 AGENDA ITEM: a. Resolution Expressing Official Intent To Reimburse Costs Of Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) b. Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP., of Aransas Pass, Texas in an amount not to exceed $13,059,963.07 for the Bayfront Development Implementation Plan - Phase 1 Improvements. ISSUES: Council must authorize the execution of the construction contract to proceed with the project. FUNDING: Funding is available from the Bayfront Development Capital Improvement Funds and Utility Capital Improvement Funds (Commercial Paper). RECOMMENDATION: Approval of the motions as presented. Kevin Stowers Interim Director of Engineering Services / 2-/ ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map Page 1 of 1 H: HOMEXEVINS \GEN\ Bayf rontMasterPlan \Phasel\AwdConstrjir.doc BACKGROUND INFORMATION PROJECT DESCRIPTION: The proposed construction contract includes the realignment of Shoreline Drive • between Resaca Street and the north side of the Federal Courthouse south of Power Street, new park space consisting of an open lawn performance, a pergola, interactive water feature, a kiosk building with kiosk shade structure, landscape and streetscape, and utility improvements. PROJECT DESCRIPTION: The project is designed to create improved pedestrian use areas and space for concerts, festivals and other special events. This is accomplished by a realignment of Shoreline Boulevard away from the water in a manner that protects views of the bay from the realigned street. Major features include a world class water feature designed by an internationally prominent design firm. The project includes an enhanced shade structure, restrooms, kiosk, plaza, and street furniture. The plaza is configured with utility connections for special events. A landscape easement has been obtained from several property owners on the land side of the realigned street to create a landscape transition from private to public spaces. An additional feature is enhanced pedestrian lighting and street lights that will be installed by AEP. The contractor will install necessary conduit, pull boxes and appurtenances for pedestrian /street light installation. The project is being phased to minimize disruption to the public. Access to the front of the American Bank Arena, Convention Center and Barge Dock is to be maintained. The project timing has been reviewed with the organizers of the major community festivals. They have familiarized themselves with the areas to be closed for construction and have adjusted their site plans to accommodate the project. BID INFORMATION: The bid was structured as a base bid with seven additive alternate bids. The base bid provides for the project as described and recommended for award. The additive alternates which are not recommended for award included: • Additive Alternative No. 1 — Additional shade structure and lighting; • Additive Alternative No. 2 — Addition of 8 Pergola bay units; • Additive Alternative No. 3 — Addition of 4 wind turbines; • Additive Alternative No. 4 — Additional 1,800 -SY of brick pavers and 275 -If of PVC sub - drain; • Additive Alternative No. 5 — One year landscape maintenance agreement; • Additive Alternative No. 6 — Mock -up application test of wave effect for water feature; and • Additive Alternative No. 7 — Mill and overlay with HMAC south end of project area between I.H. 37 and Power Street. Exhibit A Page 1 of 2 H:\ HOME\ KEVINS \GEN \BayfrontMasterPlan\Phaset WwdGonitrgligEzhkdoc Four bids were received, and publicly opened on Wednesday, June 18, 2008. The total of the base bids ranged between $13,059,963.07 and $15,140,873.48. See Exhibit B. The low qualified bid was submitted by SLC Construction L.P., of Aransas Pass, Texas. The contract provides for the project to be complete within 425 calendar days of the notice to proceed. It is anticipated all work will be complete prior to Thanksgiving 2010. FUNDING: Funds are available from Bayfront Development CIP Funds, Storm Water, Wastewater, and Water CIP Funds (Commercial Paper). Additional funding for the project will be received from debt to be sold based on the Reimbursement Resolution being approved as part of this agenda item. Available funding is sufficient to award the contract and proceed with construction pending receipt of the proceeds from the debt sale. Additionally, the consultant staff has identified areas that can be modified to reduce costs without impact to the project concept and scope through a future change order. This is anticipated to allow funding of some additive alternates as the project progresses. The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 300 calendar days of notice to proceed. RECOMMENDATION: The project consultant and City staff recommend the award to SLC Construction. They are experienced in this type of work, and have completed several projects for the City of Corpus Christi and other governmental entities. Their proposed list of sub - contractors are qualified to perform the specialty work required for the water feature, landscaping, mechanical systems, utilities and other components of the project. Exhibit A Page 2 of 2 HA HOMEV< EVINS \GEN\BayfrontMasterPlan\Phasel \AwdConstIVrA.doc PREVIOUS ACTIONS PRIOR COUNCIL ACTION: 1. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the RTA in the amount of $20,000 for the Bayfront Master Plan. 2. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Downtown Management District in the amount of $20,000 for the Bayfront Master Plan. 3. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the amount of $20,000 for the Bayfront Master Plan. 4. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi in the amount of $20,000 for the Bayfront Master Plan. 5. December 16, 2003 — Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and appropriating $20,000 from the Downtown Management District into the Park CIP Fund No. 3280;• and appropriating $20,000 from the Metropolitan Planning Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY 2002 -2003 adopted by Ordinance No. 025144 by increasing appropriations by $60,000; and declaring an emergency. 6. December 16, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc. for planning services associated with development of a Bayfront Master Plan. 7. July 20, 2004 — Public Hearing to consider amending the Comprehensive Plan of the City of Corpus Christi by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 8. July 20, 2005 — Ordinance amending the Comprehensive Plan of the City of Corpus Christi ( "the City ") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan; providing for severance; providing for publication. 9. July 27, 2004 — Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as an arterial street with four to six travel lanes between Buford Street and the Bayfront Convention Center 10. July 27, 2004 — Second Reading - Ordinance amending the Comprehensive Plan of the City of Corpus Christi ( "the City ") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 11. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). Exhibit A -1 Page 1 of 2 —200— 12. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 13. March 29, 2005 - Approval of the FY 2004 -2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 14. August 23, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $804,515 for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005 -264). 15. February 21, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $65,160 for boundary and topographic surveying for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005- 264) (Motion No. 2006 -038). 16. March 28, 2006 - Motion authorizing the City Manager, or his designee, to execute a Contract for Geotechnical Services with Fugro South, Inc. of Corpus Christi, Texas, in the amount of $32,360 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) (Motion 2006 -091). 17. March 27, 2007 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $1,380,079 for a restated not to exceed fee of $2,255,314 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) (Motion 2007 -082). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. July 27, 2006 — Amendment No. 2 for additional boundary topographic surveying with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $5,520 for the Bayfront Development Plan Phase 1 (Bond Issue 2004). Exhibit A -1 Page 2of2 —201— 0 0 10 O N N V W 0 0 O 0 6) 63 0 (O N A 0 co" f9 0 N (D V 0 O $1,230.00 $16,912.50 $7,175.00 o 0) A o A co n 63 o 0 O O 10 O O O 0 N V) CV N CO t919 0 CO A N V r Eft 0 0 r N M V 0 0 0 M CO O V N 19 0 0 o to N 0 N W O O L0 CO MI A N 6 O r In M CO W 0 V (O O) O M NW $11,480.00 o V N V N 0 O A O CO fa 0 6) 6 M CO t9 $13,875.00 0 OD O W IO M f9 N M r M N a CO O M Cr $130.73 $8,261.50 $9,225.00 $5,842.50 $430.50 $861.00 $389.50 r ID M M 0 0 0 CO 0 0 M NO CO 0 LO 0 CO 0 CO CO V 10 OD CO 0 0 0 0 0 0 0 r 0 V Cr) CO u0 O V NOM r n 6) O O N O r O N co co O a N O (c) 10 O N 0, (0 M N A N O O A V A r N O D 1° O r N r N N A A r O O O O O O NI n � r rMA 0) (O6) N V r (o AA O r (0 (06)M M O 10r N N r 10 0) N Y NMM V V M r rt.. N U) 00000000000000000000000000000000 00000000000O000000000000361:03000000 0 0 0 0 0 0 0 In o 0 0 0 o O o v to o 0 N O 6 0 6 o N O O O 0 0 0 O O O N 10 10 V CO r r LO O O 10 to A V V A M c0 O M A V 0 0 (0 c) (D 0 N_ V N N r 000) 0 V 10 N 6) O 10 Or V V IO V co O O O O r co N A a O V Ni V V 09 19 19 0 r N M A O O 6 r 6) M 19 f9 N M N 'a la O) O (D 69 1/9 19 (D CO a9 r V O 0 M V 19 r 69 r 69 l9 69 69 69 r M r-19 l9 _ V' f9 COr�IAH NN H IA t9 69 te 0 0 0 0 0 000000000000000000000000000 I l l 00 N 0 O 000 00 Cl V V CO N V V V 000000 O N 0 N r 0 0 0 M M N O O O 6) A N O r N N r A r O 6) 0 0 0 0 0 0 r O OV> In ` M r r N c0 N c0 O N (O 6) CO N r M V a V V V r 0 r N O O O V) N 0) W to o 0 0 0 0 0 o O O O o 0 0 0 o M V o 0 0 0 o V 0 O M O 0 O 9010 O 10 O O O O (0 V V O V O O CO O 10 OD a NOON W N O V 10 (0 V V V r O 0 6i O V co O N N 6) V O Di V 0) 0) N O M O O A V V 6 V O CO 6) N o O co r N A 0 N O A V A N 6) O O A O A O. IN N CO GO CO i0 M N V V M Lf) O CO CO l0 N CO N V (D O 0 0 O N 0 O N O lO N CO O r M A V M A r V (D V A N(N 0) r ui 0 0 0 N V N te O (D O t• in 69 69 r r V O CO V N CO 19 i0 V N 61 l9 19 l9 rW 69 E9 to rM Vi to to in yr r Ui Vi M H lA 1A 19 O CO CO V O O O N N N O O N 1D V N CO O O O O N (0 o V 10 V) (O M r 6 O 6i N N N A A N N (0 N r 10 r A 0 O r N V 0 NN r O 0 0 O M CO CO O 10 O N O V M CO O OD CO ID 0 (D o CO 0 10 N CO N r A N N N M CO V N V NON O 6 Ci ANN O V O 13 C) 6 N Qi A O O co co A N r M A 0 0 M N CD CD A CO NCD CO M V N N SLC Construction, L.P. P.O. Box 639 Conroe, Tx 77305 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cD V M 0 0 10 0 0 in 0 0 0 0 0 0 10 O M M 60 V 0 0 0 0 10 O (0 N CO CO (0 G O O N 10 N 0 0 A Xi (O O IO o 6N. 6i co cc; ai O(o 6i«) A Oi (0 ca r Cirr(()O66 A N CO A M O n to O 'Q A co 0 A 10 O (D CO 0 CO M f0 CO o V CD r V N. CO M N CO t r 0 0 A 6) O COO N CO (O V 0 ID M r IO r (D O A 10 0 N O M A N A N (0 O 6) A 6) co N (0 r tri. 0' Ci V' N 69 69 O r IC 69 CD 69 CO 0 69 69 M 01 (D 6 0) 69 M N 69 69 19 69 r- � f9 69 r 69 0 CO 6969 0H�0 0tA� 40 CO CO 0 0 0 0 M V O O r 00 0 0 0 0 0 A V V O N V 0 0 0 0 10 0 o N 6) r N N- N 0 (D N 0 60 r CO N 0 CO 0 ID 0 CO A N r N V 10 ID 10 10 A 0 0 A Ca A O 6 ((I N A 6i A M O IC 6) 44 m O 6l N N hl 6 N 6 O NV O M a 6 M O r r 0(0 ID O O r V c IO 0 O LO V M V N 10 IO O N M (D } } y LL LL < < } } } LL LL T' < Y < < < LL LL LL LL LL LL < < < < a < < < CO CO CO J J W W (0 CO CO J J CO W 0) W LLLL1l W J J J J J J W W W W W W W W 0 0 0 0 0 r r 0 o 0 0 0 0 I0 O N r M 0 0 0 0 0 Ni CO A N U) r N t- o 0 N N o r M A A 6) V 0 A V N CO CO N N CO A LO r r N r 10 N A 0 r 1000100)'- td (p A r N N '- N N 10 v 0 O c E. 0 d O LL D. ° c N Q. 3 i- D H x al eo 3 c v co u) vim= co CF° maDa > Uam<2 E°5c a aEa n�mc°wLI)a >00 Ns v2gw CO IM E ° c-o C Io c c i.a '00 c N 0 9 O> E C O >. c o w 0 m y - • O co E a 3 c o w a 72.,.0-a).73-6,2 > E c CO W OQZ <W `a) aa)i 3 o0.. >ULL w co co N °NN °va > E - w m c) v o w o E E= o a 3 a c= w v v 3 a) 0° o al CL" b _ X, 0 o.q c c c b- aa 3a w a D ---o o ID a. toNK .N (�o o CD R 13) W Cr W co 0 0 0 0 c O U v a) N (41- c 0" fD C0 N O 3 3 a a N LL X X K X D>> D> D 0 0 U c N N d U J m 0--0-.-->_>_ D v `_' " E 3 CO Vl O 1 tI) 0 0 0 0 0 0 0 0 0, 0 v v c c 0 0 c E E E E E E E 3 3 3 0 c c c 3 0 3 E 3 3 0 3:- n o.`v c 00 ) a o w 0 0 0 0 0 a) 0 0- 00 0 a) D 0 0) - -_- N? T T L re w re cc a'K1YToff_g in 000Z(0 Z a' V O V V r Ni I- I- I- N N Co in in Beecroft Construction, Ltd. 2222 Laredo Street Corpus Christi, TX 78405 AMOUNT $635.50 $676.50 $779.00 $2,648,783.41 000000 1 0000 0r-0000' I o o o N 6 O N N O O O O N r 0 0) N r 0 0 0 N N W CO N CO 1--N00 0) 0 (0 M 0) 69 W 0 N V) co M 19 69 N N f9 CO 69 F9 69 69 f9 r O 0) N CO r N 501 0 0 0 0 0 0 0 000 to 0 i0 0 0 N 0 CO fV O r O O N (D r r CO CO O r. N N CO 0 N N CO CO d N CO d M M N O 0) r V) V) V) CO r N Vl Vi 69 69 V) CO O O d M f9 51,332.501 100 N (O (0 r N 69 0 UD 0 co- 69 0 W O OI (0 N 19 0001 O 0 U) O N 0 M O N N 0) M 69 f9 N V Of N o (9 N„ 0 0 0 0 0 0 0 0 0 0 0 0 N M 0 0 0 CO 0) r N M O' f9 N CO XI 69 69 0 0 0 00 CO M CO W $3,452,120.23 1 $3,452,120.231 �- W U gi p' a 635.50 676.50 779.00 0 )0 O O O O 0 0 0 100)000(0 I 1 0 0 0 IC co O N N U O O MMO W CD (7) r(D 0 N r CO N r 0 0 r d M o) r N 0 A 0 0 CO 0 0 0 0 OD CO (D CO O CO 0 O (0 O O N O 0 U) O CO CO N r U) N U O r r O r O N r D r r M D f0 O CO N (O0 d N 00f CO d (O r (0 0 (O CO r O N 0) N CO O r N d r o, (0 82.00 61.50 9,225.00 4,100.00 11 3,452,120.23 Haas - Anderson Construction, Ltd. 1402 Holly Road Corpus Christi, TX 78417 AMOUNT 0 00 00 O O O N co O N. r 0) 69 V) V) $1,461,993.00 0 0 0 0 0 0 1 0000 1 0 0 0 0 o 6 0 0 0 0 0 0 0 6 O N N O (O N CO (D O N CO 0 )O N )O O W r O N M 0) 0) N d O 6 (0 N f 0 for N V)V)re) CO V)M0 F9 ID V) 69 69 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000000 0 0 0 0 0 0 M N o 0 0 N 0 N O O O 0 W 0 0 0 N f0 NON d NN N 100•- CO (D Ord 0) N N d N r CO O) 0 0 0 V) f o r 6 d r M W N M (0 r N N N CO 69 69 X > N t9f9f9V) 19 Vi f9N MV !A f9 19 f9 rr ED f9 MN $2,900.00 $51,240.00 $47,600.00 $4,200.00 0 0 O d 0) N 0 rr 0 0 0 0 O O 0 0 0 0 00) N' M pi to w UNIT PRICE 720.00 780.00 900.00 0 0 0 0 0 0 0 0 0 0000001 1 000 O N 0 0 0 N O O 0 (11 N CO 0 O N r d 0 N') N o N W N O co- N O f0 r N M 0 0 0 0 o 0 0 o a o 0 0 0 o 0 0 0000000000000000 N O O O )D O N N 0 0 d (D N (D 0 N CO N d ID N r r 0 0 r N r N- CO 0 N N. r CI_ r 0) r (O d r r O N r r N N N ai (N (00 11,900.00 4,200.00 3,129,000.00 Salinas Construction Technologies, Ltd. 3734 FM 3006 Pleasanton, Tx 78064 H Z o g Q $824.46 $1,209.46 $1,759.46 V O r r M 011, 49 513,080.00 536,808.65 $31,995.00 O O N r r M (9 $6,400.00 $40,884.20 $40,648.52 $30,660.00 $35,000.00 $238,588.37 $13,581.00' $9,285.00 $3,712.68 $3,188.95 $17,280.00 $18,824.00 $17,237.00 0 0 0 0 to O o O o CO r N 0 O O (!) (J d 6 )(I 00 CD r CO O 0 M N CO O CO d M d CO O N) co co- M �V 696969 63 69 0 N N r W co NI 69 535,000.00 5283,404.68 $15,200.00 $2,665.00 O d M r r N N„ $2,618,580.00 2,618,580.00 UNIT PRICE 824.46 1,209.46 1,759.46 00)0000) 1 I M O 0 0 N 0 0 0 N r 0 0 O O N N O r N N O co d N r O O (O (D 0 N r d r r (0 O N M M 0 O r (f) co (O O x 0) 0 0 0 0 0 CO r 0) O O 0 0 r r 0 0 0 0 0 CO y r (0 N 0 O N co r 0 6 r O N O O r O N M O r Cr) N M CO 0 (0 (0 r r d (O r O) CO 0 O O N O r LO CO O r O M r d r d (0 M 85.48 85.17 3,800.00 2,665.00 2,618,580.00 truction, L.P. Box 639 Tx 77305 AMOUNT $822.00 $890.50 $1,027.50 51,319,383.95�1 O O N O V) O 1 1 0 0 0 10 0 M N r CV d'' 0 0 0 0) (D d co to 0 O O O O 00 CO N O r W N 0 0 0 CO [OM r 0r- N- r- Or (O o N M M 00 M M N N (9 rM (9(9N MN Vi V3 03 S. 69 V) r W 000000000400000001'l 0 0 0 0 0 0 0 0 d 0 r N d 0 0 0 CO O N W O O D N O r N N r M N O O M 0) (D CO N CO r W O (D ' CO 0 d f0 O O N rNM Or CO 1--:. r r co O1: d o eel r O) N N co- r N 69 O. M O 6 N V)V)4r dV)Vi Vi fAt9690 M N V) 69 V) V) Vf Vi N N $1,764.00 $36,435.00 $12,878.00 $6,459.55 $57,536.5 $3,425,000.00 53,425,000.00 UNIT PRICE 822.00 890.50 1,027.50 0 CO M 10 10 N 1 1 0 0 0 N 0) N r N N '' 0 0 0 r CO 0 a 6 to 10 N O N N W r 0) r N N O 0 (D r N d d 0 r M CO- M (0 (0 (0 CO 0 0 0 0 0 0 0 0 N 0 N- Tr d (0 (O 0 0) 0 0 0 r (D 0 0 d N N 0 CO 0) 0 O W N d m r (D O r (D O V CO co. O r 6 N r m (D M ID CO Co r CO M M d O 0 W N r r CO W N 0 N r (0 C9 0 r M 70.56 86.75 3,219.50 6,459.55 3,425,000.00 Z IQ W Q LL1l Q W ? SubTotal Base Bid - Part Bil Q LL Q Q < (LL �<< CO R Y lL J IL LLJ W J . W W J LL tut Q Q LLWI IWL Q Q J Q LL LL LL J LL J LL (J Q J J Q LLWJ R a -o (JD N N d r d r N W r r 0 1 d d r CO CO N M d NO d r 0 0 N M N r M r r r (D QTY. 1 1 1 SubTotal Base El Landscaping, Park Sidewalks,Park Furnishings.. 1 SubTotal Ba 4" PVC Pipe 8" PVC Pipe Fiberglass Manholes Drop Connection at Resaca Grout & Abandon Exist. 8" AC Waterline Ifemove Existing Concrete Vault 7move Existing Fire Hydrant emove Service Valves Cut/Cap Exist. Line & Incidental Line Removal Fire Hydrant Assembly New Service Valves Clean/Testing Waterlines & Reconnect to Exist. New Drinking Water Fountain 6" DIP Water Main (CL51) 4" DIP Water Main (CL51) 2" PVC Pipe 4" PVC Pipe 6" PVC Pipe 8" PVC Pipe Allowance - Relocation of Water Utilities SubTotal Ba DESCRIPTION Signs 60 "x36" Signs 72'548" Signs (Dual Face) 72 "x24" and 72 "x12" Remove Curb Inlets Remove RCP Curb Inlets Grate Inlets Storm Manhole 15" RCP Class III Not Used Not Used Manhole Structure Modification Curb Inlet Modification Allowance - Relocation of Storm Water Utilities SubTotal Ba m a D L N X W m a J 0 O c W aN ai 15 a N r 0 p .5 a._ pj 0 gN? O N [1 N O o m • U= ~ Z = 0 Q 0 10 010 N NN r '9 001 N N Vy O 000 r rn 100 6949 0 03 of 0 O 00 0 NN 6943 0 O 0 06'96t'0941E$ $3,510,195.90 $15,140,873.48 M M O 0 rn D1 (.0 10 00 o) a O34 0 V N 10 O MM Ea ID O N 10 O r 4.1 N N LOW M M M M 00 o n MM IAN 0 0 O 0 a I- 10 CO 1 ' 0 o N 0430 19� 0 N r N r N N 0 00 0 O O (O NN 4949 0 0 0 O 0 0 0301 0 0 N 00 1949 0 r 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 N N 0 0 O M O O V 0 M a CO N 0 CO CO N N co CO M N •- u) M 0 r t' 0 N 0 r Mr 69 f9 49 W ~ U Z _ CD a 0 M (00 N va 0 0 ,- 0 O co N 3,460,195.901 50,000.001 00 o N 1 131,052.46 N M N M M CD 00) cn a 1 126,000.00 11 62,901.30 OIN Nm ONLO(.00. N M co' '- N r r a N r r Haas - Anderson Construction, Ltd. 1402 Holly Road Corpus Christi, TX 78417 UNIT PRICE AMOUNT — 3,952,000.001 $3,952,000.0011 O O Ci 00) M f9 232,000.001 $232,000.0011 O O C4 N W 125,000.001 5125,000.0011 O O t6 N f9 3,127,000.001 $3,127,000.0011 50,000.00 550,000.00 i $13,650,998.001 1100'000'004$ O O O O b 1 $120,000.00 O O O N W O O O O 00 0 0 0 0 00 MW N O O O 0 0 0 000 O 0 N 0 D. D. O f9 W O O O N f9 1 $54,000.001 O O O O Oo O O 0 0 N1rn0 19 N 0 0 0 0 0 0 0 0 O O O O O 0 0 O ci OOOo N00 0 0 0 rn N O 0 N CO 0 1� 1 O O CO. r r W 0 Mf9H 19 69 400,000.001 1 120,000.00 1 305,000.00 0 0 O O 0 0 co r 54,000.00 0 0 O 0 0) 0 0 0 0 0 0 0 0 0 o o o o N 0 0 0 M 4 0 0 r N N N i0 O0 N N Salinas Construction I Technologies, Ltd. 3734 FM 3006 Pleasanton, Tx 78064 AMOUNT I 0 0 O O O O 0 0 00 O O NN CO 01 M M 49 W 0 0 O O O O r 1• NCO O O t-- D. HN9q 0 0 O O O O O 0 00 0 0 D. 0- ee94' $2,100,000.00 $50,000.00 O M 0 0 O o 0 N R O ID V r 0 N M W 49 0 00 0 0 00 0 00 �q 0 0 0 0 II00'000'00g$ Co O 0 0 O O O N O O 0 CO CO 0 CO 5316,885.001 0 0 0 OIL' 0 W N CO 0 0 rn a a 6 (D W HEN O O O N r In 4 1 5151,170.00 0 0 00 0 0 0 0 0 0)01 0) of 0o f9M O V 1` fn rn a f90) O o IC CO 0 N 19 $11,384.96 O 0 N N N I- 0 4, $21,275.00 $1,225.70 53,150.00 $168.75 UNIT PRICE 0 0 0 0 N a) vi 270,870.001 270,000.001 00 0 0 0O 0 0 N 250,000.001 0 0 O 0 0 N r 316,885.001 205.52 47.89 11 151,170.00 U 0 m m t`�'),VNMWQNNN co 0 N 1- n N N co N aN N- CO N SLC Construction, L.P. P.O. Box 639 _ Conroe, Tx 77305 AMOUNT I 0 0 O 0 00 00 0 u) 10 N N 11 e CO M 69 K 0 0 0 0 00 aID r r o 0 CO aa. 0 0 o o 00 00 00 u)N 0 0 NN9 $3,151,000.00 $50,000.00 0 O 0 0 O 0 N M 19 513,059,963.07 0 0 0 0 0o 00 00 mo 0 0 0009 0 0 O O OO 00 0O r.- aW 0 0 0 0 6 00 0O ON co 0 CD $123,300.00 $19,307.75 $142,607.75 0 0 o o 00 00 00 00' 0D 40 0 0 0 0 00 00 NN NN 03 03 0 0 0 0 0 0 0 0 co 0 co 0 n CO 0 In o c U) ui r ui a' V a u) 0 rn N to NO 1N 00 rn 1� acr N O N 60N0 1A V rr OO 69 19 UNIT PRICE O O 0 O 1I) N V 0 O 0 r 0 N 205,500.00 3,151,000.00 50,000.00 548,000.001 411,000.00 685,000.00 68.50 70.21 68,500.00 82,200.00 O r 0 CO M r O O co O V N r N N N 0 O (.) . Z 7 J Y R J co J J a J' CO r J Add Four Wind Turbines 1 11 Total Bid - P r r r SubTotal Base Bid - F TOTAL BASE BID (Parts A +B +C +D +E +F +G +h } 0 r a 9 m o r r IMF Mock -Up Applications Test Tol Wild Eight Pergola Bays to Base Bid Pergola To Add Shade Structure & Associated Lighting r To' 1 Buildings, Plaza, Pergola(10 bays), Windscreen Allowance - Additional Lighting Site & Park Electrical & AEP Coordination SubTotal B. 1 DESCRIPTION m m 3 N 0 E 0 o- c co N o o a c co Q c o ) U c O m c LL Irrigation System - New lines, valves, heads. SubTotal Ba Beecroft Construction, Ltd. 2222 Laredo Street Corpus Christi, TX 78405 AMOUNT I 7:r 0 M N f9 $141,241.551 $15,140,873.481 $15,549,442.511 1 $15,680,494.971 ■ 1 $16,014,028.591 1 $16,196,180.091 N CO r F616,385,081.391 x $16,526,322.941 UNIT PRICE ri Haas - Anderson Construction, Ltd. 1402 Holly Road Corpus Christi, TX 78417 AMOUNT CC oo 0o ID CO 0 0 N v A d+ 0 0 0 0 0 0 0 O co T O01 001 V O O n CO at m CO n n N- N co A A to N n a n ID 0 r O ID CO A i0 ri a s a v a a a w w w w w w w w UNIT PRICE 0 0 L- Salinas Construction Technologies, Ltd. 3734 FM 3006 Pleasanton, Tx 78064 AMOUNT O CO m 0 0 O rf N y a - 04 V N Pi. p $13,791,120.631 $14,291,120.63 $14,608,005.63 1 $14,991,111.38 CO co CO N .- N N CO n N N 01 N N $15,635,343.99 UNIT PRICE :ruction, L.P. 3ox 639 Tx 77305 AMOUNT c 0 A $151,794.151 $13,059,963.07 $13,607,963.071 $14,018,963.07 0 CO O a w $14,846,570.82 0 0 N OI a w $14,997,270.82 $15,149,064.97 UNIT I PRICE v v co r_ Z 7 J Total Bid - Part R11 BID SUMMARY! TOTAL BASE BID TOTAL BASE BID PLUS ALTERNATE NO. 1 TOTAL BASE BID PLUS ALTERNATE NO. 1 +2': TOTAL BASE BID PLUS ALTERNATE NO. 1 +2 +3 TOTAL BASE BID PLUS ALTERNATE NO. 1 +2 +3 +4 TOTAL BASE BID PLUS ALTERNATE NO. 1 +2 +3 +4+5 TOTAL BASE BID PLUS ALTERNATE NO. 1 +2 +3 +4 +5 +6 F, TOTAL BASE BID PLUS ALTERNATE NO. 1 +2 +3+4 +5 +6 +7 j- r a 0 O IDESCRIPTION 24" Yellow Stripe - Solid 0 c 0 in X 01 L C co 9- Q c O 0 Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) - Project No. 6279 Preliminary Project Budget August 19, 2008 FUNDS AVAILABLE: Bayfront CIP Debt (to be issued) $ 4,000,000.00 Bayfront Development Funds $10,081,830.12 Storm Water CIP Funds (Commercial Paper) $ 155,188.95 Water CIP Funds (Commercial Paper) $ 225,703.62 Wastewater CIP Funds (Commercial Paper) $ 57,536.55 Total $14,520,259.24 CONSTRUCTION FUNDS REQUIRED: Construction Contract $13,059,963.07 Project Contingency (7.9) $ 1,032,796.17 QA/QC Testing Contract $ 24,000.00 Engineering Design (previously contracted) $ -0- Geotechnical Investigation (previously contracted) $ -0- Construction Inspection (2 %) $ 261,200.00 Survey (in A/E contract) $ -0- Engineering Project Liaison (1/2 %) $ 65,300.00 Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00 Art (1.25% of Kiosk) $ 40,000.00 TOTAL $14,520,259.24 EXHIBIT "C" Page 1 of 1 H:\ HOME\ KEVINS \GEN\BayfrontMasterPlan \Phasel WwdConytypetExhC.doc H:\Home\Mproject\Councilexh\exh6279.dwg CORPUS CHRISTI BAYFRONT DEVELOP- MENT IMPLEMENTATION PLAN PHASE 1 (Shoreline Realianment Phe 1) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -12 -2008 1 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CORPUS CHRISTI BAYFRONT DEVELOPMENT IMPLEMENTATION PLAN PHASE 1 (SHORELINE REALIGNMENT PHASE 1). Whereas, the City of Corpus Christi, Texas (the "City ") is a home -rule municipality, and political subdivision of the State of Texas; Whereas, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project ") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds, particularly funds of the City's general fund; Whereas, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150 -2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations with an aggregate maximum principal amount not to exceed S4,000,000 for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax - exempt obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax- exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. Date: August 19, 2008 Attest: Armando Chapa, City Secretary HENRY GARRET, MAYOR CITY OF CORPUS CHRISTI Approved as to form: August 12, 2008 By: eA /)-t- d Lisa Aguilar, Assist ty Attorney For City Attorney —208— 2 Exhibit "A" Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) to include realignment of Shoreline Drive between Resaca Street and the north side of the Federal Courthouse south of Power Street, new park space consisting of an open lawn performance, a pergola, interactive water feature, a kiosk building with kiosk shade structure, landscape and streetscape and utility improvements. —209— Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —210— PT 7 • 7 4 1 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 19, 2008 AGENDA ITEM: Motion authorizing the City Manager, or his designee to execute an Agreement between the City of Corpus Christi and the Corpus Christi Regional Economic Development Corporation (EDC) whereby the EDC will promote economic development in the Corpus Christi Bay area for an annual fee of $475,000. The term of the agreement is August 1, 2008 through July 31, 2009. ISSUE: Continuation of economic development in the Corpus Christi Bay area through the execution of this agreement. REQUIRED COUNCIL ACTION: Passage of motion to authorize the execution of this agreement. PREVIOUS COUNCIL ACTION: The Agreement was previously approved by City Council on January 25, 2000; Consulting Services Agreement approved October 12, 2004; Memorandum of Understanding approved December 13, 2005. CONCLUSION AND RECOMMENDATION: Staff recommends authorization to execute the agreement. Irma Caballero, Director Economic Development —213— BACKGROUND INFORMATION The following are the recommended changes made to the existing Consulting Services Agreement for the Corpus Christi Regional Economic Development Corporation: Addition of the following: Description of Services: (g) Prepare a comprehensive economic development strategy and present a report to the City Council and City Staff; (h) Provide year to date financial statements for the current year, audited financial statements and a current budget; (i) Provide a current copy of all membership lists and by -laws, as requested by City staff; 0) Provide technical assistance as needed to further the City Economic Development goals; 4. Compensation. The fees and expenses due for economic development services under this Agreement shall be payable in the first quarter. A detailed report of activities of the Contractor including descriptions of how the proposed activities meet the requirements of this Agreement shall be provided by Contractor with invoice. 5. Pre - payment Review. Prior to issuing any payment, City reserves the right to request and receive sufficient information from Contractor to ensure that Contractor meets the requirements of this Agreement. General Provisions: 6. Directors. (a) in addition to the two (2) City directors designated in subsection 6(c), the City Council of the City shall be entitled to nominate four (4) of the members of the board of directors of Contractor, which persons may be City Council members or other public officials. (c) the remainder of Contractor's board of directors shall be comprised of not more than (7) persons 11. Termination. Upon early termination by either party, Contractor shall repay City a 1/12 x total value of this agreement x number of months remaining in the term, within 30 days of receipt of notice from City Manager. 12. Change of Name. Contractor shall promptly notify City of any such change of name —214— 18. Modifications and Counterparts. This agreement may not be assigned by Contractor without prior written approval of City. Deletion of the following: Description of Services (e) (3) Participating, in conjunction with the South Texas Military Task Force, in periodic efforts to ensure the retention of military facilities in the Corpus Christi Bay area General Provisions 5. Novation. This Agreement constitutes a novation and supersedes all other contracts and understandings previously made between the City and the Greater Corpus Christi Business Alliance. —215— CONSULTING SERVICES AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS This Consulting Services Agreement ( "Agreement ") is executed by and between the City of Corpus Christi, Texas, a municipal corporation ( "City ") and the Corpus Christi Regional Economic Development Corporation, a Texas nonprofit corporation organized for the purpose of promoting economic development of the Corpus Christi area ( "Contractor "). 1. Description of Services. Contractor agrees to provide professional services to the City in the area of economic development. Contractor will organize, coordinate, and lead the expansion of the Corpus Christi area's economic base through actions and programs that encourage and cause retention, expansion, and recruitment of industrial, manufacturing, distribution, and service employers. The professional services to be performed by Contractor may include the following: (a) Create and implement programs and strategies designed to promote the prosperity of; retention of; and expansion of existing industries and business enterprises. (b) Aggressively recruit and promote the Corpus Christi Bay area to prospects for new industries and business enterprises, particularly those which would substantially increase employment. (c) Negotiate, subject to the approval of the City Council of the City or other applicable jurisdictions, attractive, sound, and economically viable incentives designed to foster the maintenance and expansion of existing industries and business enterprises as well as the inducement of new ones. (d) Advise and update the City of Contractor's status and progress on a quarterly basis. (e) Undertake, from time to time, contingent upon both funding and resources, and at the direction of Contractor's board of directors: (1) Development of information and conducting research on area and regional economics, finance, education and training, housing, planning, development, and other similar areas of public concern which are deemed necessary to further its efforts; and (2) Assistance in the dissemination of pertinent local information by using a broad range of delivery vehicles as deemed prudent and effective. (f) Conduct any and all other lawful activities which aid, assist; and encourage the economic prosperity and development of the City. Page 1 of 6 EDC CONSULTING SERVICES AGREEMENT 08102008- 21 6— (g) Prepare a comprehensive economic development strategy and present a report to the City Council and City Staff. (h) Provide year to date financial statements for the current year, audited financial statements and a current budget. (i) Provide a current copy of all membership lists and by -laws, as requested by City staff. (j) Provide technical assistance as needed to further the City Economic Development goals. 2. Records. Contractor agrees to record the revenues received from the City for economic development services as a portion of its general revenues on its books of account. Contractor agrees to record all of its revenues and expenditures in financial statements prepared in accordance with generally accepted accounting principles, which financial statements shall be made available to the City Manager or designee upon request. 3. Reports. Quarterly on dates designated by the City Manager, Contractor shall furnish to the City a performance report of its economic development services performed pursuant to this Agreement which shall reflect overall activity, meetings, contacts and other activities conducted by Contractor, such reports are to include such data as may be reasonably required by the City. Any communications or contacts which are of a confidential nature shall be limited to a general description only. 4. Compensation. The City agrees that for the economic development services performed by Contractor, the City shall pay to Contractor the sum of $475,000.00 for the initial one -year period covered by this Agreement and thereafter that amount set by the City in its annual budget each year for compensation under this Agreement. The fees and expenses due for economic development services under this Agreement shall be payable in the first quarter. A detailed report of the activities of the Contractor, including descriptions of how the proposed activities meet the requirements of this Agreement, shall be provided by Contractor with the invoice 5. Pre - payment Review. Prior to issuing any payment, City reserves the right to request and receive sufficient information from Contractor to ensure that Contractor meets the requirements of this Agreement. General Provisions 6. Directors. (a) In addition to the two (2) City directors designated in subsection 6(c), the City Council of the City shall be entitled to nominate four (4) of the members of the board of directors of Contractor, which persons may be City Council members or other public officials. Such directors shall serve three -year terms staggered as provided in Contractor's bylaws, copy attached by Contractor; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. Also, Page 2 of 6 EDC CONSULTING SERVICES AGREEMENT 08102008 -21 7- the City Manager shall serve as an ex- officio, non - voting member of the board of directors of Contractor. (b)Each of the above directors nominated by the City shall be elected to the board of directors of Contractor by the majority vote of its board. In the event Contractor fails to elect any directors, such failure shall constitute a breach of this Agreement and all funding by the City shall be terminated. (c)The remainder of Contractor's board of directors shall be comprised of not more than seven (7) persons elected by Contractor's membership in accordance with its bylaws, three (3) appointed by other governmental entities, and the Mayor of the City and a Council member appointed by the Mayor, and the County Judge of Nueces County. In the event the City fails to renew this Agreement or make the annual appropriations required under this Agreement, all directors nominated by the City and appointed by Contractor shall forfeit their remaining terms of office. 7. Contracts. The City and Contractor agree that in no event shall the City be liable for any contracts made by Contractor with any person, firm, corporation, association or governmental body. 8. Non - liability. The City and Contractor agree that in no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against Contractor arising from its operations, or the use or maintenance of its facilities. 9. Annual Appropriations. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council and that each fiscal year's funding must be included in the budget for that year and is not effective until so approved by the City Council. 10. Term. The term of this Agreement shall commence as of August 1, 2008, and it shall continue until July 31, 2009, subject to earlier termination as provided herein, and subject to renewal automatically on an annual basis. 11. Termination. Either pasty may terminate this Agreement at any time for any reason by giving one month's prior written notice to the other party. Upon early termination by either party, Contractor shall repay City a 1/12 X total value of this agreement X number of months remaining in the term, within 30 days of receipt of notice from City Manager. 12. Change of Name. Contractor specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No such change of name or use of additional names shall be deemed a modification of this Agreement. Contractor shall promptly notify City of any such change of name. 13. Equal Opportunity Employer. Contractor agrees to abide by the equal opportunity requirements of the City for its contractors and shall: Page3of6 EDC CONSULTING SERVICES AGREEMENT 08102008-2 18— (a) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin or disability; and (b) identify itself as an "equal opportunity employer" in all help- wanted advertising or requests. 14. Notices. All notices, requests or other communications related to this Agreement shall be made in wilting and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail. The notice addresses of the pasties shall, until changed as provided herein, be as follows: City: City of Corpus Christi, Texas 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Contractor: Corpus Christi Regional Economic Development Corporation 1201 Shoreline Drive P.O. Box 640 Corpus Christi, Texas 78403 Attn: President 15. Severability. If for any reason any section, paragraph, subdivision, clause., phrase, word or provision of this Agreement shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 16. Lawful Service. The parties mutually agree that the services provided under this Agreement are lawfully authorized services which the City is purchasing from Contractor. 17. Modifications and Counterparts. This Agreement may not be assigned by Contractor without prior written approval of City. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Page 4 of 6 EDC CONSULTING SERVICES AGREEMENT 08102008- 21 9— EXECUTED on the dates indicated below but effective as of the 1st day August, 2008. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION By: Date: Chairman of the Board CITYOF CORPUS CHRISTI, TEXAS By: Date: George K. Noe City Manager ATTEST: By: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: This day of , 2008. By: R. Jay Reining First Assistant City Attorney For City Attorney Page 5 of 6 EDC CONSULTING SERVICES AGREEMENT 08102008.220— 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 19, 2008 AGENDA ITEM: ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD VALOREM TAXES; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES, DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE AND DECLARING THAT THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION BY CITY COUNCIL IN ACCORDANCE WITH PROVISIONS OF V.T.C.A., GOVERNMENT CODE, SECTION 1201.028. ISSUE: At its last meeting staff presented Council items for bond issue 2008. Council advised staff to, include projects listed in the ordinance calling for bond 2008 election. CONCLUSION AND RECOMMENDATION: Staff recommends passage of the election ordinance. H:\LEG- DIR\LaurieLAU4ary Kay\bond 2008 agenda memo.doc Gforge K. Noe City Manager -223- AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD VALOREM TAXES; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE AND DECLARING THAT THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION BY CITY COUNCIL, IN ACCORDANCE WITH PROVISIONS OF V.T.C.A., GOVERNMENT CODE, SECTION 1201.028. WHEREAS, the City Council finds that the citizens of Corpus Christi should have the opportunity to approve the issuance of obligations of the City supported by ad valorem taxes for needed public improvements; and WHEREAS, the City is authorized by Article VIII of the City Charter to issue general obligation bonds in accordance with State law; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and 2008. WHEREAS, Nueces County will also be conducting a general election on November 4, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the `Election ") shall be held in the City of Corpus Christi, Texas, on November 4, 2008, for the purpose of submitting to the voters of the City ballot propositions that authorize the issuance of obligations supported by ad valorem taxes. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Election 2008 bonds —224— AFT Attachment A hereto incorporated by reference and made part of this ordinance (said Attachment A to be approved and attached when the polling places in the regularly prescribed precincts are finally determined). The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. He is directed to request consideration by the U. S. Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic data and information as required by law. SECTION 5. The eSlate direct recording equipment shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: FOR AGAINST Election 2008 bonds PROPOSITION NO. 1 STREETS —225— 0 Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $104,610,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the construction of permanent street improvements throughout the City, including, without limitation, constructing, reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains in said City; INCLUDING: *ADA IMPROVEMENTS, *BEAR LANE — OLD BROWNSVILLE TO SPID, *YORKTOWN BLVD. — STAPLES TO CIMARRON, *AIRLINE ROAD - SARATOGA TO RODD FIELD, * WILLIAMS DRIVE, PH. 1 - RODD FIELD TO NILE DRIVE, * WILLIAMS DRIVE, PH. 2 - NILE DRIVE TO AIRLINE, * STAPLES STREET, PH. 1 - BRAWNER TO BARRACUDA, *STAPLES STREET, PH. 2 - BARRACUDA TO GOLLIHAR, * TXDOT PARTICIPATION PROJECTS, *AQUARIUS STREET - DASMARINAS TO COMMODORES, * STREET LIGHTING - CITY WIDE, *WESTSIDE AREA STREET LIGHTING, LEOPARD STREET (VILLA ST TO CROSSTOWN), * STREET OVERLAYS, INCLUDING: - AGNES, - LAREDO, - WOODRIVER, - HORNE, - ALAMEDA, - GLENOAK, - HUSTLING HORNET, - WHITECAP BOULEVARD, - TARLTON STREET, - KOSTORYZ ROAD, - FLATO ROAD, - WOOLDRIDGE, - YORKTOWN, *TRAFFIC SIGNALS (NEW & SYNCHRONIZATION), * KOSTORYZ ROAD, PH. 1 - HORNE TO SUNNYBROOK, * KOSTORYZ ROAD, PH. 2 - SUNNYBROOK TO SPID, * MANSHEIM & HELEN — GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR, * ROBERT STREET - GAINES TO OCEAN DRIVE, * WOOLDRIDGE ROAD — RODD FIELD TO QUEBEC, * STAPLES STREET, PH. 1 - SARATOGA TO HOLLY, Election 2008 bonds —226— * STAPLES STREET, PH. 2 - HOLLY TO WILLIAMS, * UPRIVER ROAD, RAND MORGAN TO IH -37 (INSIDE CITY LIMIT ONLY), * DEVELOPER PARTICIPATION, * FLOUR BLUFF DRIVE, PH. 1 - SPID TO GRAHAM, * FLOUR BLUFF DRIVE, PH. 2 - GRAHAM TO DON PATRICIO, * PAVING ASSESSMENTS, INCLUDING: - BUCKHORN, - OLSON, - JUNIOR TERRACE, - COMANCHE, - VAKY, - VIOLA, * BUDDY LAWRENCE DRIVE ANTELOPE TO IH -37, * CR -69 - CR -52 TO FM -624, * CHARLES DRIVE - LEOPARD TO MAPLE LEAF, * PALMIRA STREET — ENCANTADA TO PESCADORES, * DOWNTOWN STREETS - CHAPARRAL, * AND OTHER STREET IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? FOR AGAINST PROPOSITION NO. 2 FIRE DEPARTMENT Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $6,250,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for public safety warehouse, and the construction of permanent public safety improvements to fire stations throughout the City and the acquisition of necessary sites therefor; INCLUDING: *PUBLIC SAFETY WAREHOUSE FOR POLICE & FIRE DEPARTMENTS, * RELOCATION OF FIRE STATION # 5, * NEW FIRE STATION AT BEVECREST AND AYERS, * REMODELING AND REPAIRS TO FIVE FIRE STATIONS , * AND OTHER FIRE DEPARTMENT IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected Election 2008 bonds —227— annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? FOR AGAINST PROPOSITION NO. 3 POLICE DEPARTMENT Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $3,340,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for Police Department building elevators and impound lot; INCLUDING: *POLICE DEPARTMENT BUILDING ELEVATORS, * VEHICLE IMPOUND FACILITY PHASE -1, * AND OTHER POLICE DEPARTMENT IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? FOR AGAINST PROPOSITION NO. 4 PUBLIC HEALTH Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $1,150,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the rehabilitation of the health department facility; INCLUDING: *REHABILITATION OF CITY /COUNTY HEALTH DEPARTMENT FACILITY, * AND OTHER PUBLIC HEALTH IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay Election 2008 bonds —228— the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? FOR AGAINST PROPOSITION NO. 5 PUBLIC FACILITIES Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $3,050,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for remodeling, repairs, HVAC, electrical and fire/security repairs and upgrades to library and museums, ; INCLUDING: *GREENWOOD LIBRARY REMODELING & IMPROVEMENTS, * HVAC /AIR HANDLING UNIT /CHILLER/GENERATOR AND FIRE /SECURITY REPAIRS AND /OR REPLACEMENT ( CC MUSEUM), *HVAC @ ART MUSEUM OF SOUTH TEXAS, * LAND PURCHASE & IMPROVEMENTS FOR NORTHWEST LIBRARY, * AND OTHER PUBLIC FACILITY IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? FOR AGAINST PROPOSITION NO. 6 PARK & RECREATION Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $21,600,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the acquisition and construction of park and recreation facilities throughout the City; INCLUDING: *OSO CREEK/OSO BAY AREA PARK DEVELOPMENT, *HIKE & BIKE TRAIL - CITY WIDE, *SPORTS FIELD LIGHTING AND OTHER IMPROVEMENTS - CITY WIDE, Elation 2008 bonds —229— * NEIGHBORHOOD PARK PLAYGROUND & PARK IMPROVEMENTS - CITY WIDE, *COLE PARK RENOVATIONS AND IMPROVEMENTS, *GREENWOOD SOFTBALL COMPLEX, *PARK OPERATIONS - NEW MAINTENANCE FACILITY, *BROADMOOR SENIOR CENTER EXPANSION, *OLD STATE SCHOOL PROPERTY DEVELOPMENT (PHASE 2), *HERITAGE PARK CULTURAL CENTER HISTORICAL PRESERVATION/RESTORATION, *REPLACEMENT OF H.E.B. POOL COMPLEX, *TENNIS COURT IMPROVEMENTS (H.E.B. & AL !CRUSE CENTERS) *BATHHOUSE AT SURFSIDE PARK (NEAR BY LEXINGTON ON NORTH BEACH), *EXTEND PROMENADE NORTHWARD ON NORTH BEACH, *NORTH BEACH ENTRY DEVELOPMENT, * NORTH BEACH SIDE WALKS, *AND OTHER PARK AND RECREATION IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? FOR AGAINST PROPOSITION NO. 7 BAYFRONT MASTER PLAN PROJECT Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $ 13,000,000.00 with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the acquisition of land and the construction of permanent public improvements for the Bayfront Development Plan, including, without limitation, constructing, reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains along Shoreline Drive, developing parks and recreational facilities along Shoreline Drive, and related public improvements; INCLUDING: *BAYFRONT DEVELOPMENT PLAN PHASE 3, - *AND OTHER BAYFRONT IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking Election 2008 bonds —230— P? fund to pay the public securities at maturity? SECTION 8. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: FOR AGAINST PROPOSITION NO. 1 STREETS THE ISSUANCE OF PUBLIC SECURITIES FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE AGGREGATE SUM OF $104,610,000.00 INCLUDING: *ADA IMPROVEMENTS, *BEAR LANE — OLD BROWNSVILLE TO SPID, *YORKTOWN BLVD. — STAPLES TO CIMARRON, *AIRLINE ROAD - SARATOGA TO RODD FIELD, * WILLIAMS DRIVE, PH. 1 - RODD FIELD TO NILE DRIVE, * WILLIAMS DRIVE, PH. 2 - NILE DRIVE TO AIRLINE, * STAPLES STREET, PH. 1 - BRAWNER TO BARRACUDA, *STAPLES STREET, PH. 2 - BARRACUDA TO GOLLIHAR, * TXDOT PARTICIPATION PROJECTS, *AQUARIUS STREET - DASMARINAS TO COMMODORES, * STREET LIGHTING - CITY WIDE, *WESTSIDE AREA STREET LIGHTING, LEOPARD STREET (VILLA ST TO CROSSTOWN), * STREET OVERLAYS, INCLUDING: - AGNES, - LAREDO, - WOODRIVER, - HORNE, - ALAMEDA, - GLENOAK, - HUSTLING HORNET, - WHITECAP BOULEVARD, - TARLTON STREET, - KOSTORYZ ROAD, - FLATO ROAD, - WOOLDRIDGE, - YORKTOWN, *TRAFFIC SIGNALS (NEW & SYNCHRONIZATION), * KOSTORYZ ROAD, PH. 1 - HORNE TO SUNNYBROOK, Election 2008 bonds —231— * KOSTORYZ ROAD, PH. 2 - SUNNYBROOK TO SPID, * MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR, * ROBERT STREET - GAINES TO OCEAN DRIVE, *WOOLDRIDGE ROAD - RODD FIELD TO QUEBEC, * STAPLES STREET, PH. 1 - SARATOGA TO HOLLY, * STAPLES STREET, PH. 2 - HOLLY TO WILLIAMS, * UPRIVER ROAD, RAND MORGAN TO IH -37 (INSIDE CITY LIMIT ONLY), * DEVELOPER PARTICIPATION, * FLOUR BLUFF DRIVE, PH. 1 - SPID TO GRAHAM, * FLOUR BLUFF DRIVE, PH. 2 - GRAHAM TO DON PATRICIO, * PAVING ASSESSMENTS, INCLUDING: - BUCKHORN, - OLSON, - JUNIOR TERRACE, - COMANCHE, - VAKY, - VIOLA, * BUDDY LAWRENCE DRIVE - ANTELOPE TO IH -37, * CR -69 - CR -52 TO FM -624, * CHARLES DRIVE - LEOPARD TO MAPLE LEAF, * PALMIRA STREET - ENCANTADA TO PESCADORES, DOWNTOWN STREETS - CHAPARRAL, * AND OTHER STREET IMPROVEMENTS. FOR AGAINST PROPOSITION NO. 2 FIRE DEPARTMENT THE ISSUANCE OF PUBLIC SECURITIES FOR FIRE DEPARTMENT IMPROVEMENTS IN THE AGGREGATE SUM OF $6,250,000.00 INCLUDING: *PUBLIC SAFETY WAREHOUSE FOR POLICE & FIRE DEPARTMENTS, * RELOCATION OF FIRE STATION # 5, * NEW FIRE STATION AT BEVECREST AND AYERS, * REMODELING AND REPAIRS TO FIVE FIRE STATIONS, * AND OTHER FIRE DEPARTMENT IMPROVEMENTS. Election 2008 bonds PROPOSITION NO. 3 POLICE DEPARTMENT -232- FOR AGAINST THE ISSUANCE OF PUBLIC SECURITIES FOR POLICE DEPARTMENT IMPROVEMENTS IN THE AGGREGATE SUM OF $3,340,000.00 INCLUDING: *POLICE DEPARTMENT BUILDING ELEVATORS, * VEHICLE IMPOUND FACILITY PHASE -1, * AND OTHER POLICE DEPARTMENT IMPROVEMENTS. FOR AGAINST PROPOSITION NO. 4 PUBLIC HEALTH THE ISSUANCE OF PUBLIC SECURITIES FOR PUBLIC HEALTH IMPROVEMENTS IN THE AGGREGATE SUM OF $1,150,000.00 INCLUDING: *REHABILITATION OF CITY /COUNTY HEALTH DEPARTMENT FACILITY, * AND OTHER PUBLIC HEALTH IMPROVEMENTS. FOR AGAINST PROPOSITION NO. 5 PUBLIC FACILITIES THE ISSUANCE OF PUBLIC SECURITIES FOR PUBLIC FACILITY IMPROVEMENTS INCLUDING REMODELING, REPAIRS, HVAC, ELECTRICAL AND FIRE /SECURITY REPAIRS AND UPGRADES TO LIBRARY AND MUSEUMS, IN THE AGGREGATE SUM OF $3,050,000.00 INCLUDING: *GREENWOOD LIBRARY REMODELING & IMPROVEMENTS, * HVAC /AIR HANDLING UNIT /CHILLER/GENERATOR AND FIRE /SECURITY REPAIRS AND /OR REPLACEMENT ( CC MUSEUM), *HVAC @ ART MUSEUM OF SOUTH TEXAS, * LAND PURCHASE & IMPROVEMENTS FOR NORTHWEST LIBRARY, * AND OTHER PUBLIC FACILITY IMPROVEMENTS. FOR AGAINST Election 2008 bonds PROPOSITION NO. 6 PARK & RECREATION -233- THE ISSUANCE OF PUBLIC SECURITIES FOR PARK AND RECREATIONAL IMPROVEMENTS IN THE AGGREGATE SUM OF $21,600,000.00, INCLUDING: *OSO CREEK/OSO BAY AREA PARK DEVELOPMENT, *HIKE & BIKE TRAIL - CITY WIDE, *SPORTS FIELD LIGHTING AND OTHER IMPROVEMENTS - CITY WIDE, * NEIGHBORHOOD PARK PLAYGROUND & PARK IMPROVEMENTS - CITY WIDE, *COLE PARK RENOVATIONS AND IMPROVEMENTS, *GREENWOOD SOFTBALL COMPLEX, *PARK OPERATIONS - NEW MAINTENANCE FACILITY, *BROADMOOR SENIOR CENTER EXPANSION, *OLD STATE SCHOOL PROPERTY DEVELOPMENT (PHASE 2), *HERITAGE PARK CULTURAL CENTER HISTORICAL PRESERVATION/RESTORATION, *REPLACEMENT OF H.E.B. POOL COMPLEX, * TENNIS COURT IMPROVEMENTS (H.E.B. AND AL KRUSE CENTERS) *BATHHOUSE AT SURFSIDE PARK (NEAR BY LEXINGTON ON NORTH BEACH), *EXTEND PROMENADE NORTHWARD ON NORTH BEACH, *NORTH BEACH ENTRY DEVELOPMENT, * NORTH BEACH SIDE WALKS, *AND OTHER PARK AND RECREATION IMPROVEMENTS. FOR AGAINST PROPOSITION NO. 7 BAYFRONT MASTER PLAN PROJECT THE ISSUANCE OF PUBLIC SECURITIES FOR THE BAYFRONT DEVELOPMENT PUBLIC IMPROVEMENTS IN THE AGGREGATE SUM OF $13,000,000.00, INCLUDING: *BAYFRONT DEVELOPMENT PLAN PHASE 1, *AND OTHER BAYFRONT IMPROVEMENTS. SECTION 9. The voter - approved obligations issued pursuant to Propositions 1, 2, 3, 4, 5, 6 and 7 referenced above shall be secured by the full tax rate authorized by the Texas Constitution, in accordance with Article VIII, Section 1(b) of the City Charter. SECTION 10. The election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 4, 2008, which shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. Election 2008 bonds —234— SECTION 11. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECTION 12. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 13. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor LEGAL FORM APPROVED: 2008. BY: Mary Kay Fischer, City Attorney Election 2008 bonds —235— EXHIBIT C ELECTION DAY POLLING LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 PCT 1 FIRST PRESBYTERIAN CHURCH (ACTIVITIES BLDG) PCT 430 5. CARANCAHUA CORPUS CHRISTI, TX 78401 PCT 2 WINDSOR PARK ATHENA SCHOOL (MUSIC RM) PCT 4525 S. ALAMEDA ST. CORPUS CHRISTI, TX 78412 PCT 3 THE MASTERS LAKE ASSOCIATION PCT 7502 VENICE CORPUS CHRISTI, TX 78413 PCT 4 KOSTORYZ ELEMENTARY SCHOOL (MUSIC RM) 3602 PANAMA CORPUS CHRISTI, TX 78415 PCT 5 HAMLIN MIDDLE SCHOOL (CAFETERIA) 3900 HAMLIN CORPUS CHRISTI, TX 78411 PCT 6 ETHEL EYERLY COMMUNITY CENTER 654 GRAHAM RD. CORPUS CHRISTI, TX 78418 PCT 7 OAK PARK RECREATION CENTER 842 ERWIN CORPUS CHRISTI, TX 78408 PCT 8 ELLA BARNES ELEMENTARY SCHOOL (FRONT HALL) 2829 OSO PARKWAY CORPUS CHRISTI, TX 78414 PCT 9 CALALLEN MIDDLE SCHOOL (MAINT. OFFICE) 4602 CORNETT CORPUS CHRISTI, TX 78410 PCT 10 BLUNTZER SCHOOL BUILDING 5775 FM 666 ROBSTOWN, TX 78380 PCT 11 AGUA DULCE COUNTY BUILDING 1514 SECOND ST. AGUA DULCE, TX 78330 PCT 12 BANQUETE INDEPENDENT SCHOOL DISTRICT 4339 FOURTH STREET BANQUETE, TX 78339 PCT 13 SALAZAR ELEMENTARY SCHOOL 400 W. LIGUSTRUM ROBSTOWN, TX 78380 14 TRUE GIN CO -OP 4371 FM 70 BISHOP, TX 78343 15 PEOPLE'S BAPTIST CHURCH 1355 FM 665 CORPUS CHRISTI, TX 78415 16 LONDON SCHOOL 1306 FM 43 CORPUS CHIRSIT, TX 78415 PCT 17 SMITH ELEMENTARY SCHOOL 6902 WILLIAMS CORPUS CHRISTI, TX 78412 PCT 18 RONNIE H.POLSTON COUNTY BLDG. 10110 COMPTON CORPUS CHRISTI, TX 78418 PCT 19 PORT ARANSAS COMMUNITY CENTER 408 N. Alister PORT ARANSAS, TX 78373 PCT 20 GALVAN ELEMENTARY SCHOOL 3126 MASTERSON CORPUS CHRISTI, TX 78415 PCT 21 KIWANIS RECREATION CENTER 3933 TIMON BLVD. CORPUS CHRISTI, TX 78404 PCT 22 PETRONILA ELEMENTARY SCHOOL (CAFETERIA) 2391 CO. RD. 67 PETRONILA, TX 78380 PCT 23 RIVER HILLS BAPTIST CHURCH 16318 FM 624 ROBSTOWN, TX 78380 PCT 24 WEST OSO HIGH SCHOOL 5202 BEAR LANE CORPUS CHRISTI, TX 78416 PCT 25 LEONA COMMUNITY BUILDING 6923 FM 1833 ROBSTOWN, TX 78380 PCT 26 GRACE PRESBYTERIAN CHURCH 6301 YORKTOWN CORPUS CHRISTI, TX 78414 N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION 6 Contracts\EXHIBIT C.doc Created By: Election Division - 1 PCT 27 DRISCOLL INDEPENDENT SCHOOL 410 W. AVENUE D DRISCOLL, TX 78351 PCT 28 ST. ANTHONY CATHOLIC CHURCH - VIOLET 3918 CO. RD. 61 ROB STO WN, TX 78380 PCT 29 LUTHER JONES ELEMENTARY SCHOOL (CAFETERIA) 7533 LIPES AVE. CORPUS CHRISTI, TX 78414 PCT 30 OVEAL WILLIAMS SENIOR CENTER 1414 MARTIN LUTHER KING CORPUS CHRISTI, TX 78401 PCT 31 NALC LOCAL 1259 UNION HALL 1220 S. ALAMEDA CORPUS CHRISTI, TX 78404 PCT 32 BLANCHE MOORE ELEMENTARY SCHOOL 6121 DURANT CORPUS CHRISTI, TX 78415 PCT 33 GEORGE EVANS ELEMENTARY SCHOOL 1315 COMANCHE ST. CORPUS CHRISTI, TX 78401 PCT 34 OUR LADY OF MT CARMEL MISSION 1090 CLARKWOOD RD. CORPUS CHRISTI, TX 78406 PCT 35 LOTSPEICH ELEMENTARY SCHOOL (CAFETERIA) 1000 RUBEN CHAVEZ RD. ROBSTOWN, TX 78380 PCT 36 BISHOP PRIMARY SCHOOL 705 W. MAIN BISHOP, TX 78343 PCT 37 JOHNNY S. CALDERON BUILDING 710 E. MAIN ROBSTOWN, TX 78380 PCT 38 BROOKS CHAPEL A.M.E. CHURCH 2101 14 PORT AVE. CORPUS CHRISTI, TX 78407 PCT 39 FIRE STATION # 3 1401 MORGAN CORPUS CHRISTI, TX 78404 PCT 40 ISLAND PRESBYTERIAN CHURCH 14030 FORTUNA BAY DRIVE CORPUS CHRISTI, TX 78418 PCT 41 BONILLA PLAZA (ATRIUM) 2727 MORGAN CORPUS CHRISTI, TX 78405 PCT 42 SANTA FE STATION 2806 SANTA FE CORPUS CHRISTI, TX 78404 PCT 43 WM. TRAVIS ELEM. SCHOOL (CAFETERIA) 3210 CHURCHILL -. CORPUS CHRISTI, TX 78415 PCT 44 ZAVALA SENIOR CENTER 510 OSAGE CORPUS CHRISTI, TX 78405 PCT 45 GEORGE WIGGINS HOMES (RECREATION CENTER) 2320 BUFORD STREET CORPUS CHRISTI, TX 78405 PCT 46 ANTONIO GARCIA ARTS & EDUCATION CTR 2021 AGNES CORPUS CHRISTI, TX 78405 PCT 47 BEN GARZA GYM 1815 HOWARD CORPUS CHRISTI, TX 78408 PCT 48 ABIDING SAVIOR LUTHERAN CHURCH 4326 McARDLE CORPUS CHRISTI, TX 78411 PCT 49 SCOTT VETTERS SCOUT HUT 3221 McKINZIE CORPUS CHRISTI, TX 78410 PCT 50 LINDALE RECREATION CENTER 3133 SWANTNER CORPUS CHRISTI, TX 78404 PCT 51 WELDON GIBSON ELEMENTARY SCHOOL (CAFETERIA) 5723 HAMPSHIRE CORPUS CHRISTI, TX 78408 PCT 52 509 OLD ESTATES OBSTO ROBSTOWN RD. 0 CORPUS CHRISTI, TX 78408 PCT 53 SAM HOUSTON ELEMENTARY SCHOOL (FRONT HALL) 363 NORTON STREET CORPUS CHRISTI, TX 78415 PCT 54 ORTIZ INTERMIEDIATE SCHOOL 208 E. AVENUE E ROBSTOWN, TX 78380 PCT 55 HATTIE MARTIN ELEMENTARY SCHOOL 701 N. FIRST STREET ROBSTOWN, TX 78380 PCT 56 LA ARMADA (BOYS & GIRLS HALL) 1455 SOUTHGATE CORPUS CHRISTI, TX 78415 N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECT1 3 \ ontracts\EXHIBIT C.doc 2 Created By: Election Division PCT 57 PCT58 PCT59 PCT 60 PCT 61 PCT62 PCT 63 PCT 64 PCT 65 PCT 66 PCT 67 PCT 68 PCT 69 PCT 70 PCT 71 DEL MAR COLLEGE (ADMINISTRATION BLDG) 101 BALDWIN CORPUS CHRISTI, TX 78404 MENGER ELEMENTARY SCHOOL (FRONT HALLWAY) 2401 S. ALAMEDA STREET CORPUS CHRISTI, TX 78404 INCARANATE WORD ACADEMY (LOBBY) 2910 S. ALAMEDA CORPUS CHRISTI, TX 78404 ADULT LEARNING CENTER (STUDENT CENTER) 3902 MORGAN AVE. CORPUS CHRISTI, TX 78405 SHAW ELEMENTARY SCHOOL 2920 SOLEDAD CORPUS CHRISTI, TX 78405 WYNN SEALE MIDDLE SCHOOL (MAIN ENTRANCE) 1707 AYERS STREET CORPUS CHRISTI, TX 78404 PARKWAY PRESBYTERIAN CHURCH . 3707 SANTA FE CORPUS CHRISTI, TX 78411 WILSON ELEMENTARY SCHOOL (CAFETERIA) 3925 FORT WORTH CORPUS CHRISTI, TX 78411 MONTCLAIR ELEMENTARY SCHOOL (MUSIC RM) 5241 KENTNER CORPUS CHRISTI, TX 78412 FIRE STATION.# 7 3722 S. STAPLES CORPUS CHRISTI, TX 78411 KAFFIE MIDDLE SCHOOL 5922 BROCKHAMPTON CORPUS CHRISTI, TX 78414 CHURCH OF THE KING 1012 ANNAPOLIS CORPUS CHRISTI, TX 78415 BAKER MIDDLE SCHOOL (ROOM 45) 3445 PECAN STREET CORPUS CHRISTI, TX 78411 ARROWSMITH APARTMENTS (COMMUNITY RM) 5701 WILLIAMS DR. CORPUS CHRISTI, TX 78412 LEXINGTON ELEMENTARY SCHOOL (CAFETERIA) 2901 McARDLE CORPUS CHRISTI, TX 78415 PCT 72 CENTRAL PARK ELEMENTARY SCHOOL (CAFETERIA) 3602 McARDLE CORPUS CHRISTI, TX 78415 PCT 73 JAMES FANNIN ELEMENTARY SCHOOL (CAFETERIA) 2730 GOLLIHAR CORPUS CHRISTI, TX 78415 PCT 74 CUNNINGHAM MIDDLE SCHOOL (CAFETERIA) 4321 PRESCOTT CORPUS CHRISTI, TX 78416 PCT 75 DAVID CROCKETT ELEMENTARY SCHOOL (FRONT FOYER) 2625 BELTON CORPUS CHRISTI, TX 78405 PCT 76 PETE ROEL ENTERPRIZE 501 S. PORT CORPUS CHRISTI, TX 78405 PCT 77 LOZANO INSTRUCTIONAL SERVICE CENTER 650 OSAGE CORPUS CHRISTI, TX 78405 PCT 78 JOHN F. KENNEDY ELEMENTARY SCHOOL (CAFETERIA) 5040 ROCKFORD CORPUS CHRISTI, TX 78416 PCT 79 DRISCOLL MIDDLE SCHOOL 3501 KENWOOD CORPUS CHRISTI, TX 78408 PCT 80 WEST OSO JR. HIGH SCHOOL 1115 BLOOMINGTON CORPUS CHRISTI, TX 78416 PCT 81 FIRE STATION # 15 14202 COMMODORE CORPUS CHRISTI, TX 78418 PCT 82 FIRE STATION # 9 501 NAVIGATION CORPUS CHRISTI, TX 78408 PCT 83 H.E.B. TENNIS CENTER 1520 SIIELY CORPUS CHRISTI, TX 78404 PCT 84 C.C. AREA COUNCIL FOR THE DEAF 5151 McARDLE CORPUS CHRISTI, DC 78411 PCT 85 T.G. ALLEN ELEMENTARY SCHOOL (FRONT LOBBY) 1414 EIGHTEENTH ST. CORPUS CHRISTI, TX 78404 N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \ Contracts \EXHIBIT C.doc Created By: Election Division -238- 3 PCT 86 TBA CORPUS CHRISTI, TX 78404 PCT 87 CARROLL LANE ELEMENTARY SCHOOL (CAFETERIA) 4120 CARROLL LANE CORPUS CHRISTI, TX 78411 PCT 88 PCT 89 PCT 90 SECOND BAPTIST CHURCH 6701 S. STAPLES CORPUS CHRISTI, TX 78413 TURF & IRRIGATION HARDWARE, INC. 933 AIRLINE CORPUS CHRISTI, TX 78412 FIRE STATION # 11 910 AIRLINE CORPUS CHRISTI, TX 78412 PCT 91 TBA CORPUS CHRISTI, TX 78412 PCT 92 CULLEN MIDDLE SCHOOL (MAIN HALLWAY) 5224 GREELY CORPUS CHRISTI, TX 78412 PCT 93 WATER UTILITY BLDG. (CONFERENCE RM) 2726 HOLLY RD. CORPUS CHRISTI, TX 78411 PCT 94 WM. CALK ELEMENTARY SCHOOL (CAFETERIA) 4621 MARIE STREET CORPUS CHRISTI, TX 78411 PCT 95 ST. CYRIL & METHODIUS ()CASPER HALL) 3210 S.P.I.D. CORPUS CHRISTI, TX 78415 PCT 96 NORTON STREET CHURCH OF CHRIST 3001 NORTON STREET CORPUS CHRISTI, TX 78415 PCT 97 ROSAS GARAGE 4462 DINN CORPUS CHRISTI, TX 78415 MOODY HIGH SCHOOL (FOYER -MAIN ENTRANCE) 1818 TROJAN CORPUS CHRISTI, TX 78416 PCT 99 WEST HEIGHTS BAPTIST CHURCH 642 SCOTT DR. CORPUS CHRISTI, TX 78408 PCT 98 PCT 101 TULOSO- MIDWAY HIGH SCHOOL (CHOIR ROOM) 2653 McKINZIE RD. CORPUS CHRISTI, TX 78410 PCT 102 BISHOP HIGH SCHOOL (BADGER DEN) 717 EAST SIXTH STREET BISHOP, TX 78343 PCT 103 TULOSO- MIDWAY MIDDLE SCHOOL (MAIN LOBBY) 9768 LaBRANCH CORPUS CHRISTI, TX 78410 PCT 104 LOTSPEICH ELEMENTARY SCHOOL (CAFETERIA) 1000 RUBEN CHAVEZ RD. ROBSTOWN, TX 78380 PCT 105 SAN PEDRO ELEMENTARY SCHOOL (CAFETERIA) 800 W. AVE. D. ROBSTOWN, TX 78380 PCT 106 TOM BROWNE MIDDLE SCHOOL (CAFETERIA) 4301 SCHANEN CORPUS CHRISTI, TX 78413 PCT 107 MAGEE ELEMENTARY SCHOOL 4201 CALALLEN CORPUS CHRISTI, TX 78410 PCT 108 NUECES COUNTY AIRPORT 3983 WINGS DRIVE ROBSTOWN, TX 78380 PCT 109 KING SENIOR HIGH SCHOOL (MAIN HALL) 5225 GOLLIHAR CORPUS CHRISTI, TX 78412 PCT 110 HILLTOP COMMUNITY CENTER 11425 LEOPARD CORPUS CHRISTI, TX 78410 PCT 111 LULAC WEST APTS. (COMMUNITY RM) 10702 IH 37 CORPUS CHRISTI, TX 78410 PCT 112 SCHANEN ESTATES ELEMENTARY SCHOOL (CAFETERIA) 5717 KILLARMET CORPUS CHRISTI, TX 78413 PCT 113 GARCIA ELEMENTARY SCHOOL (CAFETERIA) 4401 GREENWOOD CORPUS CHRISTI, TX 78416 PCT 114 ST. JOHN'S BAPTIST CHURCH 5445 GREENWOOD CORPUS CHRISTI, TX 78417 PCT 100 FIRE STATION # 12 PCT 115 CLUB ESTATES ELEMENTARY SCHOOL 2120 RAND MORGAN (CAFETERIA) CORPUS CHRISTI, TX 78410 5222 MERGANSER CORPUS CHRISTI, TX 78413 N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION 9C Contracts \EXHIBIT C.doc 4 Created By: Election Division PCT 116 ELLIOT GRANT MIDDLE SCHOOL 4350 AARON DRIVE CORPUS CHRISTI, TX 78413 PCT 117 FLOUR BLUFF HIGH SCHOOL (ADMINISTRATION OFFICE) 2505 WALDRON RD. CORPUS CHRISTI, TX 78418 PCT 118 TBA CORPUS CHRISTI, TX 78413 PCT 119 FIRE STATION # 14 5901 S. STAPLES CORPUS CHRISTI, TX 78413 PCT 120 WOODLAWN ELEMENTARY SCHOOL (CAFETERIA) 1110 WOODLAWN CORPUS CHRISTI, TX 78412 PCT 121 YEAGER ELEMENTARY SCHOOL (CAFETERIA) 5414 TRIPOLI CORPUS CHRISTI, TX 78411 PCT 122 FLOUR BLUFF I.S.D. (MAINTENANCE LOUNGE) 2505 WALDRON RD. CORPUS CHRISTI, TX 78418 PCT 123 ANNAVILLE ELEMENTARY SCHOOL (CAFETERIA) 3901 CLIFF CRENSHAW CORPUS CHRISTI, TX 78410 PCT 124 CIMARRON SENIOR APARTMENTS 2802 CIMARRON CORPUS CHRISTI, TX 78414 PCT 125 MIRELES ELEMENTARY SCHOOL 7658 CIMARRON CORPUS CHRISTI, TX 78414 PCT 126 CHAPMAN RANCH GIN 1726 COUNTY ROAD 6 CHAPMAN RANCH, TX 78347 N: \Elections \ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION Contracts\EXHIBIT C.doc Created By: Election Division 5 EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING SUBSTATION HOURS OF OPERATION Oct 20 — Oct. 24 Oct 25 Oct. 26 Oct. 27 — Oct. 31 NUECES COUNTY COURTHOUSE 901 Leopard Street - Corpus Christi, Texas CORPUS CHRISTI AREA COUNCIL FOR THE DEAF 5151 McArdle - Corpus Christi, Texas FIRE STATION NO. 15 14202 Commodores - Corpus Christi, Texas GREENWOOD SENIOR CITIZENS CENTER 4040 Greenwood Drive - Corpus Christi, Texas 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m 12:00 p.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. HILLTOP COMMUNITY CENTER 11425 Leopard Street - Corpus Christi, Texas JOHNNY S. CALDERON COUNTY BUILDING 710 E. Main - Robstown, Texas NUECES COUNTY BISHOP COMMUNITY CENTER 102 W. Joyce Street - Bishop, Texas PORT ARANSAS COMMUNITY CENTER 408 N. Alister - Port Aransas, Texas RONNIE H. POLSTON COUNTY BUILDING 10110 Compton - Corpus Christi, Texas CORPUS CHRISTI CITY HALL 1201 Leopard - Corpus Christi, Texas DEL MAR COLLEGE 101 Baldwin - Corpus Christi, Texas AGUA DULCE ISD 1 Longhorn Dr. - Agua Dulce, Texas BANQUETE ISD 4339 Fourth - Banquete, Texas CALALLEN ISD 4205 Wildcat - Corpus Christi, Texas CORPUS CHRISTI ISD 801 Leopard - Corpus Christi, Texas DRISCOLL ISD 130 W. Avenue D - Driscoll, Texas ROBSTOWN ISD 801 N. First - Robstown, Texas TULOSO MIDWAY ISD 9760 La Branch - Corpus Christi, Texas WEST OSO ISD 5050 Rockford Drive - Corpus Christi, Texas N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc Created By: Election Division —241 — EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING MOBILE STATIONS Monday, October 20, 2008 lanes, 20 de octubre, 2008 CHRISTUS SPOHN SHORELINE 600 Elizabeth St. 9:00 a.m. - 5:00 p.m. Tuesday, October 21, 2008 martes, 21 de octubre, 2008 TEXAS A &M CORPUS CHRISTI 6300 Ocean Dr. 9:00 a.m. - 5:00 p.m. TEXAS A &M CORPUS CHRISTI TRISUN RIVERRIDGE NURSING HOME 6300 Ocean Dr. 3922 W. River Dr. 9:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. CHRISTUS SPOHN SOUTH HALF PRICE BOOKS 5950 Saratoga Blvd. 5425 S.P.I.D. 9:00 a.m. - 5:00 p.m. 9:00 a.m. - 5:00 p.m. 141 HO RESTAURANT CHRISTUS SPOHN MEMORIAL 3703 Morgan Ave. 2606 Hospital Blvd. 7:00 a.m. - 2:00 p.m. 9:00 a.m. - 5:00 p.m. SUN HARVEST PETRONILA SCHOOL CAFETERIA 2391 Co. Rd. 67 7:30 a.m. - 4:00 p.m. 1440 Airline Rd. 9:00 a.m. - 6:00 p.m. N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION\Contracts\EXHIBIT B.doc 2 Created By: Election Division -242- July 17, 2008 EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING MOBILE STATIONS Wednesday, October 22, 2008 miercoles 22 de octubre. 2008 WOOLDRIDGE PLACE 7352 Wooldridge 9:00 a.m. - 5:00 p.m. CCAD 308 Crecy St. 8:00 a.m. - 5:00 p.m. MHMR OF NUECES COUNTY 1630 S. Brownlee St. 10:00 a.m. - 5:00 p.m. ICBCO'S MEXICAN RESTARUANT 5514 Everhart Rd. 8:00a.m.— 5:OOp.m. TOWER II 555 N. Carancahua St. 8:00 a.m. - 5:00 p.m. Thursday, October 23, 2008 iueves 23 de octubre. 2008 C. C. MEDICAL CENTER BAY AREA 7101 S.P.I.D. 9:00 a.m. - 5:00 p.m. OVEAL WILLIAMS SENIOR CENTER 1414 Martin Luther King Dr. 8:00 a.m. - 12:00 p.m. So. TX. LIGHTHOUSE FOR THE BLIND 4421 Agnes 1:00 p.m. - 4:00 p.m. DRISCOLL CHILDREN'S HOSPITAL 3533 S. Alameda St. 9:00 a.m. - 5:00 p.m. DEL MAR COLLEGE -WEST 4101 Old Brownsville Rd. 9:00 a.m. - 4:00 p.m. NUECES COUNTY KEACH FAMILY LIBRARY 1000 Terry Shamsie; Robstown, TX 10:00 a.m. - 6:00 p.m. N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \ Contracts\EXHIBIT B.doc 3 -243- Created By: Election Division EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING MOBILE STATIONS Friday, October 24, 2008 Saturday, October 25, 2008 viernes, 24 de octubre, 2008 sabado, 25 de octubre, 2008 LINDALE SENIOR CENTER 3135 Swantner Dr. 8:00 a.m. - 12:00 p.m. C.C. TRADE CENTER 2833 S.P.I.D. 9:00 a.m. - 6:00 p.m. HOMEWOOD RESIDENCE RETIREMENT COMMUNITY ROBSTOWN COMMUNITY CENTER 6410 Meadowvista 415 Mainer Rd. 1:00 p.m. - 6:00 p.m. 9:00 a.m. - 5:00 p.m. NORTHWEST SENIOR CENTER FAMILY THRIFT STORE 9725 Up River Rd. 4801 Ayers 8:00 a.m. - 4:00 p.m. 9:00 a.m. — 6:00 p.m. EL JEFE'S RESTAURANT & CANTINA 5233 S. Staples 11:00 a.m. - 6:00 p.m. PADRE STAPLES MALL 5488 S.P.I.D. 10:00 a.m. - 6:00 p.m. LA MICHOACANA BAKERY HALF PRICE BOOKS 3829 Crosstown Expy. 5425 S.P.I.D. 7:00 a.m. - 4:00 p.m. 9:00 a.m. — 6:00 p.m. CAFE MAYA 2319 Morgan Ave. 11:30 a.m. — 6:30 p.m. N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc 4 Created By: Election Division — 2 44— July 17, 2008 EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING MOBILE STATIONS Sunday, October 26, 2008 Monday, October 27, 2008 domino, 26 de octubre, 2008 lunes, 27 de octubre, 2008 LUBY'S RESTAURANT ONE SHORELINE PLAZA 3217 S. Alameda St. 800 N. Shoreline Blvd. 9:00 a.m. - 5:00 p.m. 9:00 a.m. - 5:00 p.m. SUTHERLANDS Y.W.C.A. 4101 Hwy. 77 4601 Corona Dr. 9:00 a.m. - 6:00 p.m. 11:00 a.m. - 6:00 p.m. SUTHERLANDS CHRISTUS SPOHN MEMORIAL 4041 S. Staples 2606 Hospital Blvd. 9:00 a.m. - 6:00 p.m. 9:00 a.m. - 5:00 p.m. GARDEN ESTATES RETIREMENT COMMUNITY CENTER C.C. ATHLETIC CLUB 2709 Cimarron Blvd. 2101 Airline Rd. 9:00 a.m. - 4:00 p.m. 9:00 a.m. - 6:00 p.m. C.C. TRADE CENTER ETHEL EYERLY COMMUNITY CENTER 2833 S.P.I.D. 654 Graham Rd. 9:00 a.m. - 6:00 p.m. 8:00 a.m. — 5:00 p.m. N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc 5 Created By: Election Division —245— July 17, 2008 EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING MOBILE STATIONS Tuesday, October 28, 2008 martes 28 de octubre. 2008 CORPUS CHRISTI MEDICAL DOCTORS REGIONAL 3315 S. Alameda Ave. 9:00 a.m. - 5:00 p.m. CHRISTUS SPOHN SOUTH 5950 Saratoga Blvd. 9:00 a.m. - 5:00 p.m. CORPUS CHRISTI MEDICAL TOWER 1521 S. Staples St 8:00 a.m. - 5:00 p.m. BAY AREA ATHLETIC CLUB 14325 Northwest Blvd. 9:00 a.m. - 6:00 p.m. CITY EMPLOYEE CREDIT UNION 2140 Gollihar Rd. 9:00 a.m. — 6:00 p.m. Wednesday, October 29, 2008 miercoles 29 de octubre. 2008 CENTER FOR ECONOMIC DEVELOPMENT DMC SOUTH 3209 S. Staples St. 9:00 a.m. - 5:00 p.m. HARBOR PLACE RETIREMENT 5518 Lipes 9:00 a.m. - 5:00 p.m. ZAVALA SENIOR CENTER 510 Osage St. 9:00 a.m. — 12:00 p.m. GARDEN SENIOR CENTER 5325 Greenly Dr. 1:00 p.m. — 5:00 p.m. TRINITY TOWERS 101 N. Broadway St. 9:00 a.m. - 4:00 p.m. LA MICHOACANA BAKERY 3829 Crosstown Expy. 7:00 a.m. - 4:00 p.m. N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc 6 Created By: Election Division —24 6— July 17, 2008 EXHIBIT B EARLY VOTING SUBSTATION LOCATIONS NUECES COUNTY JOINT ELECTION NOVEMBER 4, 2008 EARLY VOTING MOBILE STATIONS Thursday, October 30, 2008 iueves 30 de octubre 2008 CHRISTUS SPOHN SHORELINE 600 Elizabeth St. 9:00 a.m. - 5:00 p.m. CCAD 308 Crecy St. 8:00 a.m. - 5:00 p.m. WINGS & MORE 5990 S. Staples St. 11:00 a.m. - 6:00 p.m. NUECES COUNTY KEACH FAMILY LIBRARY 1000 Terry Shamsie Blvd. 10:00 a.m. - 6:00 p.m. HI HO RESTURANT 3703 Morgan Ave. 7:00 a.m. — 2:00 p.m. Friday, October 31, 2008 viernes 31 de octubre 2008 AMERICAN BANK- ISLAND 14602 S.P.I.D. 9:00 a.m. - 4:00 p.m. N.A.S. COMMISSARY 10801 D. St. Building 337 10:00 a.m. - 5:00 p.m. FROST BANK 4215 S. Staples St. 9:00 a.m. - 5:00 p.m. SUN HARVEST 1440 Airline Rd. 9:00 a.m. - 6:00 p.m. WELLS FARGO BANK 1024 Texas Yes Blvd.; Robstown TX 9:00 a.m. — 5:00 p.m. N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \ Contracts\EXHIBIT B.doc 7 Created By: Election Division —2 4 7 — CITY OF CORPUS CHRISTI AND NUECES COUNTY JOINT ELECTION AGREEMENT This Agreement ('`Agreement") is made and entered into on the day of 2008, by and between Nueces County ( "County ") and City of Corpus Christi (City of Corpus Christi) for the purposes and considerations stated below: WITNESSETH WHEREAS, the County will hold a Joint Election.within, the boundaries of the County on the 4th day of November, 2008; and WHEREAS, the City of Corpus Christi will hold a special election within the boundaries of the City of Corpus Christi on the 4th day of November 2008; and WHEREAS, tit is the finding of the governing bodies of the parties hereto that it would be mutually beneficial for the County, and the City of Corpus Christi to jointly enter into an Agreement to hold the elections jointly and also to enter into an Election Services Contract for the provision of certain election services by the County Election Officer of Nueces County, Texas; THEREFORE, pursuant- to Chapter 271 of the Texas Election Code, the County and City of Corpus Christi-agree as follows: 1. ELECTION RESPONSIBILITIES In accordance with Chapfer 271 (Joint Elections) of the Texas Election Code, the County agrees to oversee and coordinate the conduct of said election for City of Corpus Christi, oversee and coordinate the provision of services to prepare for and facilitate the Joint Election to be held on 4th day of November, 2008. County and City of Corpus Christi agree that early voting and regular Election Day voting shall be conducted jointly. 2. In accordance with Chapter 31, Subchapter ,D of the Texas Election Code, City of Corpus Christi agrees to enter into an Election Services Contract with the County Election Officer of Nueces County, Texas, for the provision of those certain election services described in the Election Services Contract attached hereto as Exhibit A and incorporated herein by reference. The County shall bear its share of the cost for election services. The County Election Officer, Diana T. Barrera, is hereby designated the Election Officer responsible for conduct and provision of the election services identified in the Election Services Contract attached as —248— Exhibit A. Said County Election Officer will serve as the Early Voting Clerk, and her designee will serve as the Counting Station Manager of the Central Counting Station for the Joint Election. 3. Armando Chapa is hereby designated the primary representative of City of Corpus Christi to oversee and coordinate with the County Election Officer in the conduct of the elections. In addition, Armando Chapa as the City of Corpus Christi Election Authority will perform or cause to be performed the following services: a. Coordinate with County on the conduct of all aspects of the City of Corpus Christi elections, including (1) selection: and establishment of early voting sites, and conduct of early voting (locations of early voting substations are attached to this Agreement as Exhibit B), and (2) designation of precincts, and polling places for use on Election Day (a list of polling places is included with this Agreement as Exhibit C). b. Coordinate the handling and disposition of City of Corpus Christi election returns, voter ballots, and. tabulation of unofficial returns, and preparation, of the tabulation for the official canvass by governmental entities. c. Provide information services for voters and, election officers relating to City of Corpus Christi elections. d. Maintain custody of the City of Corpus Christi returns for aperiod as required by the Texas Election Code. II PAYMENT The City of Corpus Christi agrees to pay Nueces County for their share of the expenses of the election on a prorated basis dependent upon the number of entities participating in the Joint Election. Such payments will be made within 30 days of receipt from the County Election Officer of an itemized statement of the exact costs, expenses incurred and outstanding expenses related to the performance of election services, with City of Corpus Christi and County each paying their respective shares of such costs and expenses. III MISCELLANEOUS 1. County and City of Corpus Christi will each be responsible for preparing and filing their own respective submission and attachments, if any, to the Justice Department for pre- clearance as may be required under Section 5 of the Voting Rights Act of 1965, as amended. —249— 2. Each party will be responsible for posting or publication requirements necessitated by federal, state or local laws as they may pertain to implementation of the respective issues placed on the ballot. 3. Each party will be responsible for receipt and processing filings of financial report statements by special purpose committees relating to the party's own respective elections. 4. Each party will be responsible for receipt and processing of applications of candidates for places on the ballot for its own positions, _handling of drawings for places on the ballot for such positions, and the posting and issuance of any notices related thereto. 5. County will order separate ballots for City of Corpus Christi containing all their propositions to be voted on at the joint polling places, but a voter may not be permitted to vote on a City of Corpus Chrisii`ballot containing a proposition on which the voter is ineligible to vote. IV GENERAL PROVISIONS 1. This Agreement shall be construed in accordance with applicable Federal Election Laws, the Texas Election Code, and all applicable laws of the State of Texas. 2. County and City of Corpus Christi through their respective Election Authorities, may agree to amend or modify this Agreement in the event federal, state, or local :law requires additional or different actions by the Election Authority, which is beyond the scope of this contract. Such amendment or modification shall not be effective unless such amendment .or modification is in writing and signed by the parties to this Agreement. 3. This Agreement constitutes the entire Agreement of the parties, supersedes any prior undertakings or written or oral agreements between the parties and can be modified or amended, only by written instrument subscribed by each of the parties. —250— Dated this day NUECES COUNTY •Samuel L. Neal, Jr. County Judge CITY OF CORPUS CHRISTI George Noe City Manager —251— 2008 ATTEST: Diana T. Barrera County Clerk ATTEST: Armando Chapa City Secretary ELECTION SERVICES CONTRACT CITY OF CORPUS CHRISTI AND COUNTY OF NUECES THIS CONTRACT is made this day of 2008, by and between the City of Corpus Christi (hereinafter referred to as "CITY OF CORPUS CHRISTI ") and Diana T. Barrera, County Clerk (County Election Officer), under authority of Texas Election Code, Section 31.092 (a), for services for the Joint Election to be held by Nueces County and City of Corpus Christi on November 4, 2008. This Contract is entered into in consideration of the mutual covenants and promises hereinafter set forth. Paragraph 1. SERVICES 01? COUNTY ELECTION OFFICER The COUNTY ELECTION OFFICER shall be responsible for performing the following services and shall furnish the following equipment (a) Provide Judges Booth Controller (IBC), eSlate equipment and booths for Early Voting and Election Day polling locations. (b) Transporting election equipment to polling locations. (c) Early Voting and Election Day standby for mechanical breakdowns of voting equipment. (d) Tally Early Voting results and arrange Early Voting Ballot Board meeting. (e) If applicable, program, generate and distribute ballots. (1) Provide estimated cost of Election by Attachment "A ". Paragraph 2. GENERAL CONDITIONS The parties agree that the COUNTY ELECTION OFFICER will perform all services listed in Paragraph 1. Furthermore, the parties agree that the CITY OF CORPUS CHRISTI is obligated to pay all arepene seaand d shalll reimburse the COUNTY ELECTION.OFFICER and Nueces County with respect to any p y made in the programming and transporting of voting equipment, as identified in Attachment A. Furthermore, after the election, the COUNTY ELECTION OFFICER will submit to CITY OF CORPUS CHRISTI an itemized statement as shown in Attachment "A" with the exact costs and expenses incurred related to the performance of this contract. CITY OF CORPUS CHRISTI agrees to make payment in conformity with the statement submitted by the COUNTY ELECTION OFFICER within thirty (30) days of receipt of the statement. SIGNED THIS _ DAY OF , 2008 Diana T. Barrera, County Clerk George Noe, City Manager Nueces County City of Corpus Christi -252- Contractor: Election For: Election Date: Components and descriptions NUECES COUNTY County Clerk Department - Election Division Estimated Cost Sheet Detail Breakdown Exhibit A Joint & Shared November 2008 General Election November 4th, 2008 Estimated Estimated Estimated e Units/ $ Cost Needed Hrs Chrg Per Unit Estimated Full Svc Cost 4BOR Election Day & Tabulation Support 5123 Central Count Manager (1.5 OT rate) x1 5123 Tabulation Supervisor (1.5 07 rate) x1 5123 Tabulation Assistant(s) (1.5 OT rate) x2 5123 Technical Support (1.5 OT rate) x4 5123_CC Clerks_Staff Support (is orrale) x30 5331 Judges /AIt/Clerks (x16 hrs ED) x126 5331 _Judges /Alt/Clerks (xhrs Training) x176 5331 Judges (f /supply pick up /drop oft) x126 5126 Temp Personnel -ED Equipt Support (Reg Tame) x3 0 5125 Temp Personnel -ED Equipt Support (or) x3 Early Voting / Ballot Resolution Support t 5123_ Staff EV Troubleshooting (On-call/On-site) - Varied 2 51 23 CC Staff Support (Ballot Rsol) x8 3 5123_EV Staff Personnel x1 4 5126_EV Temp Clerks - Substations/Teams (Reg.Time) x100 5 51 25_EV Temp Clerks - Substations/Teams (Over rime) x100 6 51 26 EV Temp Clerks - Abst.Vgting by Mal;, Prep EV (Reg. Time) x4 7 51 25_EV Temp Clerks - Abst. Voting by Mal. Prep EV (Over rune) x4 8 5331 BatlotBoard Workers, Clerk & Judge (xhrs) x5 Election Supply Plck Ups 19 5123_CC Staff Support EV zo 51 23 CC Staff Support ED Election Day Contract Personnel 21 5185 _Field Technicians (plus training &mileage) 22 5325 _Equipment Vendor (HART) Support Programming 23 5123_Technician- Prog.Eslates, DAUs & JBCs x hourly 24 5123_Technician -Prog. Ballots x hourly (min. 1hr) 25 5123 Staff -I. &A Testings (programming, pre- testing & public test) 26 51 26 Temp Support - Marking, testing, etc. (Reg.Time) 27 5123 Mapping_Research, producing & delivery 28 5325 Contract Personnel (Audio / translator) Training (classes) 29 5123_CC Staff Personnel OT (2 Saturdays- xta hrs) 30 5123_CC Staff Personnel (3 Weekdays xs hrs) 31 5125 _Temp Support (2 Saturdays -x18 hrs) x6 x12 x16 xl x5 x3 x3 6 6 12 56 240 10400 1056 34.50 YY.50 18.00 20.00 20.00 9.00 9.00 207.00 135.00 216.00 1,120.00 4,800.00 93,600.00 9,504.00 126 25.00 3,150.00 24 12.00 288.00 18 15.00 270.00 208 18.00 3,744.00 160 15.00 2,400.00 160 18.00 2,880.00 7500 8.50 63,750.00 3200 12.75 40,800.00 259.5 8.50 2,205.75 160 12.75 2,040.00 160 7.00 1,120.00 30 18.00 540.00 48 18.00 864.00 256 18.00 4,608.00 0 1,850.00 0.00 120 50.00 6,000.00 60 50.00 3,000.00 256 50.00 12,800.00 480 15.00 7,200.00 40 50.00 2,000.00 24 50.00 1,200.00 0 16.00 0.00 0 12.00 0.00 0 12.00 0.00 -253- Components and descriptions EV 8 ED Delivery/Pickup Personnel 18.00 32 5123_Delivery Staff Personnel x1 128 33 5126_Delivery Temp Personnel (Reg) x3 360 12.00 34 5125 _Delivery Temp Personnel (0T) x3 36 15.00 EV 8 ED Warehousing (Prep, Maint,8 etc) 18.00 35 5123_Staff Personnel x3 240 36 5126_ Warehouse Temp Personnel (Reg) x4 400.0 12.00 37 5125_Warehouse Temp Personnel (0T) x4 160 15.00 Estimated Estimated Units) Needed Hrs Chrg Estimated S Cost Estimated Per Unit Full Svc Cost 38 39 40 41 EV 42 43 44 45 46 47 4e 49 50 51 52 Other Support Functions (Prep, develop,8 produce) Staff Personnel (clerical operations) Fringe & Benefits - Part-Time Clerks (8.84%) Fringe & Benefits - Full -Time Staff (17.15 %) 5541_ Mileage - travel - Election workers ((a? .42 rate) & ED EQUIPMENT RENTAL Laptop Equiptment (usage fee - equipment, aircard & etc ) JBC Equipment f/ED (each) JBC Equipment f /EV (each) DAUs Equipment t /ED (each) DAUs Equipment f/EV (each) Eslate Equipment f/ED (each) Eslate Equipment f /EV (each) Tally Equipment flAbs. Mail (each) Tally Equipment fIED (each) Ballot Now Equipment (each) Ballot Printing - Mail, sample, test, & emergency (Cale. @$0.08) 2,304.00 4,320.00 540.00 x3 240 18.00 1 8,000.00 1 2,000.00 8000 0.42 4,320.00 4,800.00 2,400.00 4,320.00 8,000.00 2,000.00 3,360.00 Y4 50.00 140 133.00 30 133.00 190 133.00 60 133.00 335 133.00 85 133.00 5 133.00 1 133.00 5 133.00 8000 0.08 1,200.00 18,620.00 3,990.00 25,270.00 7,980.00 44,555.00 11,305.00 665.00 133.00 665.00 640.00 DELIVERY & TRANSPORTATION 0 0.00 0.01) 53 5435 Vehicles -lease truck(s) 25.00 5,000.00 s4 County Vehicles (usage fee, fuel, mileage & other operational costs) 200 MISCELLANEOUS 1 3,200.00 400.00 400.00 55 5414 Public Notice (Public Testing) 1 3,200.00 ss 5414_Legal Notice (Advertisement) 375.00 375.00 57 5231_ Telephone /Ut(litiesa� =median & : One time 1 1 4,300.00 4,300.00 59 5211_EV & ED Mail Kits 6,000.00 8,000.00 59 5211_Misc. Supplies (for mail prep, pick up & distrb) 1 5000 0.69 3,450.00 60 5217_Postage (pcs) + Fed Ex 2,500.00 2,500.00 61 5422 1 Building & Rental 140 5.00 700.00 62 Rental of EV /ED Carts (each) 63 Rental of EV/ED Supply Bag & Boxes (each) 145 5.00 725.00 725.00 64 Rental of EV/ED Signs (each) 145 5.00 INTER DEPARTMENTAL COSTS 8,000.00 65 County Clerks Office (clericauseparate admin support) x3 1 66 Auditor's Office (payroll processing) 1 1,800.00 67 Data Processing (IT mainframe services) • x2 1 0 0.00 6e Records Management SERVICES SUBTOTAL ADMINISTRATIVE COST 69 Election 10% Administration Fee (operation overhead) FULL SERVICE Estimated GRAND TOTAL Prepared by Election Unit, County Clerk Department July 11, 2008 N :Elections \ELECTION 2008 NOVEMBER 2005 - GENERAL ELECTION1Contracts\(Attechment A- EXIBIT A.xls)fullsvo -254- 10% 8,000.00 1,527.73 1,000.00 0.00 461,731.48 46,173.15 $507,904.63 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/19/2008 AGENDA ITEM: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO PROVIDE 2.5% PAY RANGE ADJUSTMENT TO ADDRESS MARKET POSITION FOR PAY PLANS 100, 400, 500(b), 600, 900, AND 1000 EFFECTIVE 11/24/2008, PROVIDE A 2.5% PAY INCREASE TO EMPLOYEES IN PAY PLANS 100, 300, 400, 500(b), 600, 900, AND 1000 EFFECTIVE 11/24/2008, REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. ISSUE: Staff recommends that the Ordinance be amended by adding the underlined text to Section 39 -303 to provide 2.5% range movement and 2.5% pay increase to designated pay plan employees effective November 24, 2008. PREVIOUS COUNCIL ACTION: July 22, 2008 — Second Reading of the Ordinance — Council approved a 5% range movement and 2.5% pay increase to designated pay plan employees effective September 1, 2008, contingent upon the certified tax rolls providing excess funds to the adopted FY 2008 -2009 budget. CONCLUSION AND STAFF RECOMMENDATION: Based upon the certified tax rolls, excess funds available are insufficient to provide the changes approved by Council on July 22, 2008. City Staff recommends that the City Council approve this Ordinance as presented. Cynt la C. Garcia, Director of Human Resources Department Page 4 of 5 -257- BACKGROUND INFORMATION I. Proposed Revision To Chapter 39 of the City's Code of Ordinances, Amending First Reading of July 15, 2008: Section 303 Standard Classifications, Pay Grades, and Ranges • Effective November 24, 2008, add a 2.5% range adjustment to the following pay plans to address market position. o Pay Plan 100 - Skill Based Pay o Pay Plan 400 — Executive o Pay Plan 500(b) — Legal Non - Exempt o Pay Plan 600 — Exempt o Pay Plan 900 — Non - Exempt o Pay Plan 1000 — Engineers • Effective November 24, 2008, provide 2.5% pay increase to employees in the following pay plans. o Pay Plan 100 — Skill Based Pay o Pay Plan 400 — Executive o Pay Plan 500(b) — Legal Non - Exempt o Pay Plan 600 — Exempt o Pay Plan 900 — Non - Exempt o Pay Plan 1000 - Engineers On July 22, 2008 Council approved a 5% range movement and 2.5% pay increase to designated pay plan employees effective September 1, 2008, contingent upon the certified tax rolls providing excess funds to the adopted FY 2008 -2009 budget to cover the costs of such compensation plan changes. Certified tax rolls received do not provide sufficient excess funds to the budget to cover the cost of the above compensation plan changes. By reducing the range movement to 2.5% and delaying the effective date of the 2.5% pay increase to designated pay plan employees, from September 1 to November 24, 2008, funding is available from the tax rolls. These additional funds will be certified and a budget amendment to Council will be brought by the Financial Services Department to account for these funds. Page 5 of 5 —258— Page 1 of 14 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO PROVIDE 2.5% PAY RANGE ADJUSTMENT TO ADDRESS MARKET POSITION FOR PAY PLANS 100, 400, 500(b), 600, 900, AND 1000 EFFECTIVE 11/24/2008, PROVIDE A 2.5% PAY INCREASE TO EMPLOYEES IN PAY PLANS 100, 300, 400, 500(b), 600, 900, AND 1000 EFFECTIVE 11/24/2008, REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -303, is amended to read as follows: Sec. 39 -303. Standard classifications, pay grades, and ranges. (a) Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Skill -Based Pay (FLSA Overtime Eligible); Pay Plan 200 Temporary (FLSA Overtime Eligible); Pay Plan 300 Police and Fire Managerial (Salaries not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 Executives (FLSA Overtime Ineligible); Pay Plan 500(a) Legal (FLSA Overtime Ineligible); Pay Plan 500(b) Legal (FLSA Overtime Eligible); Pay Plan 600 Exempt (FLSA Overtime Ineligible); Pay Plan 700 Information Technology (FLSA Overtime Eligible); Pay Plan 800 Information Technology (FLSA Overtime Ineligible); Pay Plan 900 Non - Exempt (FLSA Overtime Eligible); Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible). (b) Pay Plan 100. Skill -Based Pay Plan 100 includes pay range structures established for administration of the Skill -Based Pay System. The city manager is authorized to add Skill -Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Section 39 -303 into Skill -Based Pay Plan 100. The pay grades and ranges for positions in Skill -Based Pay Plan 100 are as follows: -259- Page 2 of 14 Pay Plan 100 Skill -Based Pay FLSA Overtime Eligible 3% 2.5% Effective 8/6/2007 11/24/2008 101, 102, 104 105, 106, 107, 108 (Metro-Com Technician) 1 1.0 $16,619 17.065 $28,304 29.012 $16,610 17.065 1 1.1 46,083 17.408 29,153 29.882 467983 17.408 1 1.2 17,322 17.755 17,322 17.755 1 1.3 18,015 18.465 18,015 18.465 1 1.4 18,735 19.203 18,735 19.203 1 1.5 19,183 19.970 2 2.1 20,653 21.169 30,320 31.078 20,653 21.169 2 2.2 21,893` 22.440 30,926 31.699 21,893 22.440 2 2.3 23,206 23.786 31,511 32.333 23,206 23.786 2 2.4 21,598 25.213 32,175 32.979 24,598 25.213 2 2.5 26,073 26.725 32,819 33.639 26,073 26.725 2 2.6 27,638 28.329 3374-76 34.312 2 2.7 29,207 30.029 3 3.1 31,611 32.432 37,492 38.429 31,611 32.432 3 3.2 31:172 35.026 41,090 43.040 3474-72 35.026 3 3.3 36,006 37.829 17,030 48.206 36,906 37.829 3 3.4 39458 40.854 50,183 51.438 39,868 40.854 3 3.5 11,612 45.758 3 3.6 497998 51.248 3 *3.7 56,674 58.091 * Sub -zone 3.7 applies to grades 101 and 102 only. This includes a 2.5% adiustment to step pay rates to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 100 effective 11/24/2008. -260- Page 3 of 14 (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The city manager is authorized to make changes to this pay throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200 Temporary FLSA Overtime Eligible Effective 8/6/2007 *211 $ 6.55 $ 6.55 $ 6.55 **212 7.00 9.00 11.00 213 7.83 10.43 13.03 214 9.18 11.92 14.65 215 9.99 12.98 15.97 216 12.04 15.64 19.23 * Federal Minimum Wage increased to $6.55 per hour on 7/24/2008, and will increase to $7.25 on 7/24/2009. ** Adjusted to comply with state law and the pay received by election workers for other local entities. * ** Grades 213 through 216: 3% increase effective 8/6/2007. (d) Pay Plan 300. Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum five (5) per cent differential (1) between the range minimum for police commanders and fire assistant chiefs in the police and fire managerial Pay Plan 300 and the entry step for police captain and fire battalion chief as stated in the applicable contract; and (2) between the range maximum for police commanders and fire assistant chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for police captain and fire battalion chief as stated in the applicable contract. The city manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable police and fire collective bargaining contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: -261- Page 4 of 14 Pay Plan 300 Police and Fire Managerial FLSA Overtime Eligible 3% Effective 8/6/2007 *Police Managerial ranges are adjusted to maintain a minimum 5% differential, as described above, effective 8/1/2008. This includes a 2.5% pay increase for each employee in Pay Plan 300 effective 11/24/2008. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 3% 2.5% Effective 8/61200711/24/2008 410 $25,614 26.254 $3365 34.096 $40,015 41.938 411 32,767 33,586 4530 46.565 5892 59,544 412 35446 36.609 49:518 50,756 63,329 64.903 413 39;420 40,107 54,248 55.604 6966 71.100 414 43;256 44,337 59,970 61.469 76;684 78.601 415 4835 49.236 66-97 68.261 86,158 87,287 416 5325 55,171 71,622 76.487 95;448 97.803 417 607578 62,092 83;9866 86.086 107,391 110.079 418 67,751 69.445 03_,931 96.279 120,110 123.113 419 68,485 70,197 04,917 97.320 121,408 124.443 420 76;562 78,476 106,144 108,797 135,725 139,118 421 77,421 79.357 107,337 110.020 137,252 140.683 422 85,818 87.963 96,606 99.021 107,304 110.079 423 87,524 89.712 121,341 124.378 155,164 159.043 —262— i`���a`,.�4�F�s:`'.- '�^!fi,- *311 $78,611 $84,647 $90,682 312 78,232 84,457 90,682 *Police Managerial ranges are adjusted to maintain a minimum 5% differential, as described above, effective 8/1/2008. This includes a 2.5% pay increase for each employee in Pay Plan 300 effective 11/24/2008. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 3% 2.5% Effective 8/61200711/24/2008 410 $25,614 26.254 $3365 34.096 $40,015 41.938 411 32,767 33,586 4530 46.565 5892 59,544 412 35446 36.609 49:518 50,756 63,329 64.903 413 39;420 40,107 54,248 55.604 6966 71.100 414 43;256 44,337 59,970 61.469 76;684 78.601 415 4835 49.236 66-97 68.261 86,158 87,287 416 5325 55,171 71,622 76.487 95;448 97.803 417 607578 62,092 83;9866 86.086 107,391 110.079 418 67,751 69.445 03_,931 96.279 120,110 123.113 419 68,485 70,197 04,917 97.320 121,408 124.443 420 76;562 78,476 106,144 108,797 135,725 139,118 421 77,421 79.357 107,337 110.020 137,252 140.683 422 85,818 87.963 96,606 99.021 107,304 110.079 423 87,524 89.712 121,341 124.378 155,164 159.043 —262— Page 5 of 14 424 98,216 100,671 *.-Y11* 1:141"e 1 r en" 109,812 112,557 121,408 124,443 $81,080 430 City Manager No Range 2 61,133 84,754 This includes a 2.5% range adiustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 400 effective 11/24/2008. (0 Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 500 are as follows: Pay Plan 500(a) Attorney Career Ladder FLSA Overtime Ineligible Effective 8/1/2008 . '414-.- saiivis : s }. mJtLkJi *.-Y11* 1:141"e 1 r en" -41=47:41- A? '' ''il , ENTRY $45,736 $63,408 $81,080 1 53,434 74,081 94,728 2 61,133 84,754 108,375 3 67,925 94,170 120,416 Pay Plan 500(b) Legal FLSA Overtime Eligible 344 2.5% Effective 8/6/2007 11/24/2008 i74-0-4407 zzatii4--614c,;::- nit'kij,f7-:,,_-..:trsviim 5%-is,_--mrov---7m?.?-:." 111 $29,913 30,692 $41,513 42,551 $537083 54,410 112 32,639 33,455 46,250 46,381 57,860 59.307 113 36,730 36,632 49,510 50.787 63,358 64.942 114 397343 40,296 54,501 55,866 69,691 71,436 115 43,112 44,528 60,228 61.733 77,013 78,938 116 48,222 49,428 66,856 68,526 85,187 87.624 117 53,768 55,112 71,514 76,408 06,320 97,703 118 60,222 61,728 83,102 85,579 106,762 109,431 -263- Page 6 of 14 This includes a 2.5% range adjustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 500(b) effective 11/24/2008. (g) Pay Plan 600. Pay Plan 600 will include all positions that may be designated as exempt from overtime under the FLSA except positions in Pay Plan 800 (Information Technology), Pay Plan 500 (Legal), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows: Pay Plan 600 Exempt FLSA Overtime Ineligible 3% 2.5% Effective 8/6/2007 11/24/2008 611 $25,423 26.059 $3403 35.673 $44,182 45,287 612 27,158 28.144 37,587 38.527 17,716 48,909 613 20,702 30,537 40,782 41,802 61,772 53.066 614 32,474 33,286 41,154 45.565 66,433 57.844 615 35,559 36.448 48,677 49.894 61,705 63.340 616 397415 40,093 53,545 54.853 67,015 69.613 617 43,224 44,305 59,169 60,648 75,113 76,991 618 47,878 49.177 65,678 67.319 83,377 85,461 This includes a 2.5% range adiustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 600 effective 11/24/2008. Work Coordinator Career Ladder FLSA Overtime Ineligible 3% 2.5% Effective 8/6/200711/24/2008 Grade 630 Entry $46,874 48.046 $497685 50,927 1 19,686 50.928 52,172 53.476 2 527668 53.985 56,302 56,685 56,882 58,304 50,726 61.219 4 66,113 67,048 66,686 70,402 -264- Page 7 of 14 This includes a 2.5% range adjustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 600 effective 11/24/2008. (h) Pay Plan 700. Pay Plan 700 will include positions, designated as non - exempt under the FLSA, focused on providing the information technology infrastructure for the city. The pay grades and ranges for positions in Pay Plan 700 are as follows: Pay Plan 700 Information Technology Career Ladders FLSA Overtime Eligible Effective 8/1/2008 Functional Analyst - Grade 701 Entry 1 $32,887 $34,513 34,532 36,604 2 36,605 38,801 3 38,802 41,518 4 41,519 44,426 5 44,427 47,981 6 47,982 51,778 Technical Specialist - Grade 702 Entry 1 $32,887 $34,860 34,861 36,952 2 36,953 39,171 3 39,172 42,305 4 42,306 45,691 5 45,692 49,347 6 49,385 53,296 7 53,297 57,561 -265- �' ri'' Entry $36,505 $38,330 1 38,331 40,631 2 40,632 43,070 3 43,071 46,086 4 46,087 49,313 5 49,314 53,259 6 53,260 57,474 -265- Page 8 of 14 Network Administrator - Grade 704 Entry $40,704 $42,739 1 42,740 45,304 2 45,305 48,023 3 48,024 51,386 4 51,387 54,984 5 54,985 59,384 6 59,385 64,085 Senior Functional Analyst - 705 Entry $51,778 $54,366 1 54,367 57,629 2 57,630 61,665 3 61,666 65,982 4 65,983 70,669 Senior System Specialist - Grade 706 Entry $57,474 $60,347 1 60,348 63,969 2 63,970 68,448 3 68,449 73,241 4 73,242 78,443 Senior Network Administrator - Grade 707 Entry $64,085 $67,289 1 67,289 70,653 2 70,654 74,187 3 74,188 78,639 4 78,640 83,359 5 83,360 87,466 (i) Pay Plan 800. Pay Plan 800 will include positions, designated as exempt from overtime under the FLSA, focused on providing the information technology infrastructure for the city. The pay grades and ranges for positions in Pay Plan 800 are as follows: -266-- Page 9 of 14 Pay Plan 800 Information Technology Career Ladders FLSA Overtime Ineligible Effective 8/1/2008 �fxirr ea = E.S!�._ `F ,sy_!' rvbfiv Entry Entry $29,761 $31,249 1 31,250 33,125 2 33,126 35,113 3 35,114 37,572 4 37,573 40,203 5 40,204 43,421 6 43,422 46,858 IT Team Coordinator - Grade 802 Entry $40,704 $42,739 1 42,740 45,304 2 45,305 48,023 3 48,024 51,386 4 51,387 54,984 5 54,985 59,384 6 59,385 64,085 enior GIS Analyst - Grade 803 = E.S!�._ `F ,sy_!' rvbfiv l ✓+... ixlw Jkl: uS.1. .. Entry $40,704 $42,739 1 42,740 45,304 2 45,305 48,023 3 48,024 51,386 4 51,387 54,984 5 54,985 59,384 6 59,385 64,085 IT Team Coordinator - Grade 802 Entry $40,704 $42,739 1 42,740 45,304 2 45,305 48,023 3 48,024 51,386 4 51,387 54,984 5 54,985 59,384 6 59,385 64,085 enior GIS Analyst - Grade 803 -267- �„r4_ u- v_:t1.�. ��la ?u >: `���3�ec .. N2�ys e�!?4 L: na�h tgSTJ &. i� xiP,: Yµ p�'e L� � - £' �ls .. .._. Entry $46,858 $49,200 1 49,201 52,154 2 52,155 55,805 3 55,806 59,713 4 59,714 63,954 -267- Page 10 of 14 IT Program Coordinator - Grade 805 Entry $64,086 $67,290 1 67,291 70,655 2 70,656 74,188 3 74,189 78,639 4 78,640 83,358 5 83,359 87,466 rr r r s+<� S:ir : ny ; '" ; ' ar m 1 a 4: Entry $45,589 $47,868 1 47,869 50,741 2 50,742 53,787 3 53,788 57,553 4 57,554 61,583 5 61,584 66,510 6 66,511 71,776 IT Program Coordinator - Grade 805 Entry $64,086 $67,290 1 67,291 70,655 2 70,656 74,188 3 74,189 78,639 4 78,640 83,358 5 83,359 87,466 rr r r s+<� S:ir : ny ; '" s. x, ` , i 3 - , p , . -4[ r JE ;i i 7G2! F. -� * T -�`� ,.qq,v��'y'�N t YSthL Entry $64,085 $67,289 1 67,290 70,654 2 70,655 74,188 3 74,189 78,640 4 78,641 83,360 5 83,361 87,466 Business Unit Manager - Grade 807 Entry 1 $45,589 $48,780 48,781 52,196 2 52,197 55,851 3 55,852 59,761 59,762 63,946 -268- Entry $71,776 $75,364 1 75,368 79,134 2 79,135 83,091 3 83,092 88,078 4 88,079 93,364 5 93,365 97,962 Business Unit Manager - Grade 807 Entry 1 $45,589 $48,780 48,781 52,196 2 52,197 55,851 3 55,852 59,761 59,762 63,946 -268- Page 11 of 14 5 63,947 68,423 6 68,424 73,214 7 73,215 78,340 8 78,341 83,825 9 83,826 90,532 10 90,533 97,775 (j) Pay Plan 900. Pay Plan 900 will include all employees not classified in another pay plan in this section. Pay Plan 900 will include positions that are designated as non- exempt under the FLSA. The city manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900 Non- Exempt (FLSA Overtime Eligible) 3% 2.5% Effective 8/612007 11/24/2008 This includes a 2.5% range adjustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 900 effective 11/24/2008. -269- '.,_+.h;, ',' rS S1'� 911 $467650 17.066 $22, 180 22,743 $27,727 28.420 912 17,982 18.432 23,352 23.936 28,722 29,440 913 19,510 19.998 25,337 25.970 34 7143 31,942 914 21,265 21.797 27,617 28,307 33,068 34,817 915 23,285 23,867 30,240 30.995 37,194 38.124 916 25,614 26.254 33,265 34,096 40,015 41.938 917 28,303 29.011 367767 37.675 45,210 46,340 918 30,954 31.728 407549 41,583 50,183 51,438 919 357029 35.905 45,101 46,628 55;952 57,351 920 39,234 40.215 607064 52,224 62,667 64.234 921 41,130 45.242 57,310 58,752 70,109 72 «261 This includes a 2.5% range adjustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 900 effective 11/24/2008. -269- Identification Career Ladder FLSA Overtime Eligible 3% 2.5% Effective 8/6/200711/24/2008 Multi -Media Specialist Grade 930 Page 12 of 14 1 $27,110 28,166 1.1 28,578 29.292 2 30,864 31.636 3 33,951 34.800 4 38,025 38,976 5 43,720 44.822 Crime Scene Investigator Grade 931 1 $30,502 31.265 1.1 31,722 32,515 2 34,260 35.117 3 37,686 38,628 4 42,208 43.263 Examiner Grade 932 j tzy�yykt'u• Ys� -.°4 .+fit s"fm_:' iN` .3aL' `2 ,spy L` .%' 2'1�` '`hP4 h _ �a-q, 7. ye�P" 4.1 (Examiner Trainee) $437474 44.561 5 45,648 46.789 6 497380 50.533 7 647230 55.586 8 6697653 61.144 This includes a 2.5% range adjustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 900 effective 11/24/2008. -270- Page 13 of 14 (k) Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible) 3° 2.5% Effective 8/6/290711/24/2008 613 $39,943 40.911 $5406 55,868 $697098 70,825 615 43,903 45.001 60,099 61.601 76,295 78.202 616 48,732 49,950 66;710 68.378 84,688 86,805 617 64094 55,446 747049 75,900 94,003 96.353 618 60486 62.100 82,936 85.008 105,285 107.917 This includes a 2.5% range adiustment to address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pav Plan 1000 effective 11/24/2008. (I) All sworn Firefighters covered in the collective bargaining agreements and Firefighter Trainees will receive a 4% pay increase effective August 4, 2008, as impasse procedures continue. * * * SECTION 2. This Ordinance is effective upon final adoption by the City Council. Adjustments to salary ranges of Pay Plans within this Ordinance and concurrent pay increases for applicable employees will become effective November 24, 2008, as indicated on individual Pay Plans in Section 39 -303 of the Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. —271— Page 14 of 14 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 Hummell 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 Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM i oR , 2008 Jennifer A. Knox - Walker Assistant City Attomey for City Attorney —272— 16 ORDINANCE CALLING AN ELECTION TO OBTAIN THE APPROVAL OF A MAJORITY VOTE OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI TO RESTRICT VEHICULAR ACCESS TO AND ON THE PORTION OF THE GULF OF MEXICO BEACH SEAWARD OF THE CONCRETE PORTION OF THE PADRE ISLAND SEAWALL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A City election ( "Election ") will be held in the City of Corpus Christi Texas on the first Tuesday after the first Monday in November 2008 for the purpose of submitting to the voters of the City consideration of a ballot measure to restrict vehicular access to and on the portion of the City's Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi may vote. SECTION 3. The eSlate direct recording equipment (DRE) must be employed at the election under the Texas Election Code and the Election will be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A, which is attached to this ordinance and incorporated by reference and made part of this ordinance. Attachment A is to be approved and attached when the polling places in the regularly prescribed precincts are finally determined by Nueces County. The Election must held under the election laws of the State of Texas. The polls must be open from 7 00 a. m. to 7 00 p. m. on the day of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law under the joint election agreement to be entered into with Nueces County. The joint election agreement with Nueces County is be approved and attached to this ordinance as Attachment B and incorporated into this ordinance. The City Secretary is directed to request consideration by the U S Department of Justice of the submission of any change in this ordinance, which requires pre - clearance and to provide demographic data and information as required by law. SECTION 5. The eSlate direct recording equipment must be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the temporary branch polling places must be conducted as follows. Early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment C. Attachment C will be approved and attached to this ordinance when the temporary branch polling places are determined by the City of Corpus Christi and then incorporated by reference and made a part of this ordinance. In addition early voting in person may be conducted at the mobile temporary branch Seawall Beach Closure Election Ordinance — 08072008.doc —275— 2 polling places set forth in Attachment D, during the days and hours specified in Attachment D. Attachment D will be approved and attached when the mobile temporary branch polling places are determined by the City of Corpus Christi and then incorporated by reference and made a part of this ordinance. The City Secretary is authorized in the event of an emergency preventing any of the designated polling places from being utilized to provide for suitable replacement locations. Each branch polling place and the main early polling place must serve all election precincts. SECTION 6. The City Secretary is directed to post and publish the election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of the Election and is authorized and directed to make all necessary arrangements for the holding of the Election under and subject to the laws of this State, including but not limited to, coordinating the election process including use of tabulation equipment and supplies. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided in this ordinance in order to implement the agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 7. At the Election the voters shall be presented with the following proposition in English and Spanish in the form prescribed by the Texas Election Code: Ballot Language: FOR AGAINST RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF THE CONCRETE PORTION OF THE PADRE ISLAND SEAWALL. Effect of Ballot Measure: If this ballot measure is adopted, and is approved by the General Land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete portion of seawall to all vehicular traffic by prohibiting driving on that portion of the beach. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SEAWALL BEACH CLOSURE ELECTION ORDINANCE - 08072008.DOC —276— 3 SECTION 9. 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. SEAWALL BEACH CLOSURE ELECTION ORDINANCE - 08072008.DOC —277— That the foregoing reading on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly 4 ordinance was read for the first time and passed to its second _ day of , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: day of Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon , 2008. R. Jay Reining First Assistant City Attorney for City Attorney day of —278— 2005. Henry Garrett Mayor 4 17 Ct 17-0 et �� Cn p 1—let tbs,-1 4-0 ft O a) cn O t ct O t 0 y O u u O -ti ct o t O Q.) Two members from each ■ a, +: c ro t 1 car • -a • O t 1 as C. .. N CC O L ... .. 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Spot Gas ERCOT W eekly Avg. Spot Electric Price N O n;eww /$ co 69 69 CO V N 0 N N 0 r 0 N 0 (4MW/$) )ead-u0 Week Ending v‘t Low Gas Case C C C 0 0 0 C C C 1` IA i"3 r C7 1.: u i i`9 r r r r r EA EA a EA a EA EA EA EA ZEOZ OEOZ 8ZOZ 9Z0Z flOZ ZZOZ OZOZ 8602 960Z 17602 Z60Z>- 0602 800Z 9002 17002 ZOOZ 0002 8661 9661 17666 Z661 0 0 0 0 0 0 0 8 w V C [9 o N C — 1< w w O 0 o ❑ I I 0 V 4) N CO 0 0 0 0 N o 6 N 6 CO a U' w i (9 = o N C C 4) = Q ww a) O 0 x ❑ ❑ w 1 CD o 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 a a a a a a a a a a a a e'er a 6 6 a 6 a .- a Q co t+ CD LO et r r CO O O O O O O O O O O co N r O 69 co f� CO CO 'e r r r r O O O O O O O O O O O O O O O O 4,, EA 4,, EA 4,, EA la EA la EA LIT Contract Blended Price —100% Gas Case 1. o T co co U 1 lc 0 0 E W W o o0_ U•U �� _ 70 as as U Q N N c _c U> ?j �, co O Q N c N j N •i j U O) U } •i t U O co Q < N W ▪ O Nn c O}, N U = Q o ev O Q N Q Q= N 4_ = N >, -a s _a Q — O a) 0 O _ N Q N 0 W N D 73 1 O U O) (a a) -a (� N p 0< (� N a n I'D O Estimated L/T Contract Costs Debt Service E Non - Bypassable 4.2 4.2 4.2 4.2 n7171 r 0 N r 0 N r O N r 0 N W 0 0 N W 0 0 N R ., Y 4.2 a 0 O 0 N Y City of Corpus Ch O O O O O O 6 O l0 O 101 O N N r r M M En En En En (SW /NW $) ;50o C) O) O c 2 (2 O l >, a) � a) O E a 2 O) N (= O = (a E 0 N a O a Q -a ' O) C O as U N O = .0 CO N N O c + 4) r Q' Q 4) (1) O . c O N as ▪ .- ...-. O Q O _c c O t (a • - i O 0 a j E O C Q 0 0)L O a E as O E _O O c- a _a -0 N O O oO (a D N OHO `� N ai Ito > �O i E a E ca N O O N 2 L L_ ai O J O 2 Z a as 0) 0 0 N O �a c Q u) c as co 0 0 0 0 4- O 0 r r \o 0 CD O cci o CO ° co c- O ao ti ao o co N J 0 a p j �} O O ▪ O= c CO O 4 a . 0 0 O ▪ U U J o Q t ai O . co On m O E 8 t • ® U) o H Q N L O f� -c U c N L.L N O Q = a c; W t-a C O N c c 0 o ai o Q Q co Q N a) a) O • < Q Q W W W W W . 2009 Retail Price w/ L/T Contract: Est. Total Savings in 2009: $3,560,609 w = _ a) w • 4Q V V a) V co vha V c CD co 4) �O wo c. o� co w co L CO L. y c ta co � L 19 COUNCIL ACTION REQUEST REQUESTED DATE FOR COUNCIL ACTION: 08/19/08 PRESENTATION MOTION CONSENT ITEM RESOLUTION REGULAR ITEM ORDINANCE PUBLIC HEARING Two Readings 28 Day Delay CITY MANAGER REPORT AGENDA ITEM: Emergency X Annual meeting of the Corpus Christi Housing Finance Corporation during the regular City Council Meeting of August 19, 2008. BUDGET /FUNDING: Will this item impact the budget? Yes No X (If yes, please complete the following) FUND: General_ Enterprise_ Special_ Other X Capital_ Amount Budgeted $ Source of Funds (where budgeted) FINANCE: Certifications of Funds Submitted? Yes No Certified by Date APPROVALS: Department Head Date Budget Director Date Assistant City Manager Date City Manager Date M' N u MBE R, (FOR CITY SECRETAR Y:USE: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING DATE: Tuesday, August 19, 2008 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers, 1201 Leopard St., Corpus Christi, TX 78401 1. President Bill Kelly calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Bill Kelly, President George K. Noe, General Manager John Marez, Vice President Armando Chapa, Secretary Melody Cooper Mary Juarez, Asst. Secretary Larry Elizondo Cindy O'Brien, Treasurer Henry Garrett Constance P. Sanchez, Asst. Treasurer Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez Election of Officers: President General Manager Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager's Annual Report Financial Report Consider Approval of A Resolution With Respect To An Application For A Calendar Year 2009 Reservation For Qualified Mortgage Bond Authority Consider Approval of an Interim Construction Loan to RRAH Corpus Christi, LP in Connection with the Development of Buena Vida Senior Village 9. Public Comment. 10. Adjournment. MEMORANDUM TO: President Kelly and Members of the Board of the CCHFC FROM: George K. Noe, General Manager DATE: August 14, 2008 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation I am requesting that a meeting of the Corpus Christi Housing Finance Corporation (CCHFC) Board of Directors (the "Board ") be held during the City Council meeting of August 19, 2008, to consider the following actions: 1. Election of Officers Each year at its annual meeting, the CCHFC elects officers. Currently, Bill Kelly is the President of the Corporation, and John Marez is the Vice President. The remaining positions are functionary in nature and traditionally have been held by various staff positions. I recommend the following slate of staff members to fulfill these positions: General Manager — George K. Noe, City Manager Secretary — Armando Chapa, City Secretary Assistant Secretary — Mary Juarez, Assistant City Secretary Treasurer — Cindy O'Brien, Director of Finance Assistant Treasurer — Constance P. Sanchez, Asst. Director of Finance 2. General Manager's Report The CCHFC was organized in 1980 under the Texas Housing Finance Corporations Act of 1979. In 1980, 1982 and 1985, it issued single - family mortgage revenue bonds in order to provide home mortgage funds for first -time homebuyers. Although the 1980 program was very successful, the 1982 and 1985 programs were caught in trends of declining interest rates and were not fully utilized. Although the lower interest rates were good for the economy, the costs involved in issuing the bonds had to be covered by the fees charged to participating lenders. (No City funds ever have been expended in support of any of these bond programs.) In 1987, the CCHFC was a trailblazer in offering Mortgage Credit Certificates in Texas in lieu of issuing single - family mortgage bonds. The Corpus Christi program was the first program in the state, and it was the only program available in the state for several years. Since then, other communities as well as the Texas Housing Agency have offered MCC programs following the Corpus Christi model. A Mortgage Credit Certificate ("MCC ") is a federal tax credit certificate that can be issued by the CCHFC if it elects not to issue single - family mortgage bonds. The MCC authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home loan. The tax credit is available each year that the home buyer occupies the residence. Since the inception of the MCC program, over $120,000,000 in mortgage assistance has been made available to more than 2,100 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. Since an MCC program is not tied to any particular market interest rates, it does not suffer the same pitfalls that a single - family mortgage bond program faces. Additionally, it does not involve the issuance of any bonds, so the CCHFC does not have to deal with covering underwriting fees, financial advisor fees or bond counsel fees. In addition to support of first -time homebuyers, the CCHFC also assisted the development of multi - family housing in the 1980's with several multi - family bond issues. The federal tax laws that allowed that type of financing have changed eliminating those types of bond issues as an option, but the purpose of the CCHFC under state law still allows support of both single - family and multi - family housing programs. 3. Consider Approval of a Resolution With Respect To An Application For A Calendar Year 2009 Reservation For Qualified Mortgage Bond Authority The most recent allocation the CCHFC received for its MCC program was in 2007 and that program will end December 31, 2008. All of the MCC authority either has been utilized for first -time homebuyers or currently is committed, so that program is in the process of winding down. As a completely separate stimulus package for the housing industry, Congress recently passed a law creating a new, one -time $7,500 tax credit for first -time homebuyers. The rules and procedures have not yet been finalized, but under the new law this tax credit will effectively only be an interest -free loan since the buyers who utilize the credit will have to repay the IRS a portion of the credit each year until it is paid back in full over 10 years. In contrast to this new program, an MCC allows a first -time homebuyer to take a tax credit of up to $2,000 for every year that the homebuyer remains in the residence making mortgage payments. The MCC tax credit does not have to be paid back in installments, although a portion of the MCC tax credit may have to be repaid if the homebuyer sells the residence within 9 years. First -time homebuyers either may obtain the new one -time $7,500 tax credit or the MCC tax credit which is good for the life of the mortgage loan, but not both. The $7,500 tax credit only will be available for homes purchased prior to July 1, 2009. Based upon the greater value of the MCC tax credit and the limited duration of the new one -time $7,500 tax credit, a new MCC program would be desirable in Corpus Christi for 2009 -10. In order to have authorization for a new MCC program beginning in 2009, we need to submit an application this year to the Texas Bond Review Board for an allocation of "qualified mortgage bond authority." Under federal law, the CCHFC must receive such an allocation in order to make the election to issue mortgage credit certificates in lieu of qualified mortgage bonds. Once the CCHFC receives an allocation and files its election with the Internal Revenue Service to convert the qualified mortgage bond authority into mortgage credit certificates, we may then begin the new MCC program. The attached Resolution is the authorization required by the Texas Bond Review Board as part of its application process for the establishment of a new MCC program. The application process takes several months to complete, so action is requested in order to obtain the new allocation as early in 2009 as possible so that the new program can be started. 4. Discussion and Consider Action Regarding an Interim Construction Loan to RRAH Corpus Christi, LP in Connection with the Development of Buena Vida Senior Village Two projects in Corpus Christi currently are pending at the Texas Department of Housing and Community Affairs (TDHCA) for the issuance of low income housing tax credits. The Buena Vida Senior Village, a 100 -unit senior facility, to be developed at 4650 Old Brownsville Road, has been awarded $857,951 in annual low income housing tax credits with the requirement that it receive local commitment and support. The LULAC Oasis at the Park project is a Single Room Occupancy (SRO) development that is seeking $292,131 in tax credits; however, it did not receive an allocation in the regional competition. There is a potential that it may receive an allocation if other projects across the State fail to utilize their allocations for their regions. TDHCA will then collapse all of the remaining regional lists into a single state list and make additional allocations based on the State ranking. Under the State program rules, each project must have a certain amount of local funding support. Below is a breakdown of the funding support and commitment made thus far for the Buena Vida Senior Village and LULAC Oasis at the Park projects. On July 15, 2008, the Corpus Christi Community Improvement Corporation allocated $237,000 to Rocky Ridge Affordable Housing, LLC, for the Buena Vida Senior Village project which is approximately 3% of their total development cost of $9.2M. On April 17, 2007, City Council adopted its 2007 Consolidated Annual Action Plan which included the SRO development concept in mind aka the "Affordable Living Development" which was provided $200,000 of HOME Investment Partnerships (HOME) program funding (M2007 -106). On April 15, 2008, the City awarded $200,000 of HOME program funding for the LULAC Oasis at the Park project (Resolution No. 027664). In addition to FY2007 and FY2008 HOME program funding, which is about 8% of their development cost of approximately $5M, LULAC is providing $250,000 in matching funds. The Buena Vida Senior Village project needs an additional $238,000 in funding commitment so that they may receive the 18 points for the "local support" category as it relates to their low income housing tax credit application. All of the Buena Vida Senior Village Support would be in the form of an interim construction loan for no longer than two years. The loan will bear interest at a rate equal to the Applicable Federal Rate announced by the Internal Revenue Service and will be secured by a subordinate lien against the property. When construction is completed, the total amounts provided would be repaid with interest. Mayor Garrett and City staff spoke in favor of both projects at the TDHCA Commission meeting on July 21, 2008, and would like to see both projects proceed. this meeting Mayor Garrett and City staff stated that locally they had ranked the LULAC Oasis at the Park project as #1 and the Buena Vida Senior Village project as #2 based upon the local funding support and commitment made to both projects to date. Nevertheless, TDHCA maintained its own analysis of the qualification points ranking, and the Buena Vida Senior Village Project was awarded the tax credits based on the regional competition. If the Buena Vida Senior Village project does not obtain additional local funding support by August 21, 2008, its State tax credit application allocation will be forfeited. The State cannot guarantee that the Oasis at the Park project would be funded in its place because at that point the TDHCA will collapse all of the regional lists into a single statewide ranking, and other unfunded projects across the state have a higher ranking. Not funding any tax credit allocation for a State region is not the norm, but the ranking process at the statewide level cannot guaranty results for any particular region at that point. Staff has worked for more than two years in the development of the LULAC Oasis at the Park SRO concept. The SRO development concept has gone through a citizen participation process and ultimately has been approved by City Council and the U.S. Department of Housing and Urban Development (HUD) through the Community Planning and Development's Consolidated Annual Action Plan for fiscal year's 2007 and 2008. This proposed development also is connected with the City of Corpus Christi's Continuum of Care (CofC) grant application. As for the CofC and its process, this development will assist persons that are homeless meet permanent housing needs. There are several community agencies providing for emergency shelter and transitional housing; however, there is only one agency (Nueces County Mental Health and Mental Retardation) providing for 14 permanent housing units. According to the FY2008 -2012 Consolidated Plan approved by City Council on April 15, 2008, there is an unmet need of over 2,400 housing units for persons that are homeless with special needs. Concerning the Buena Vida project, there are not any senior living facilities in the West Oso area. The project allows senior citizens to move into apartments in their neighborhood and be relieved of the burdens of single family residential maintenance. Safe, modern senior housing also is a critical need in our community. In summary, the City does not have the ability to dictate which project will receive funding from the State. That determination already has been made by TDHCA. The City faces two possible outcomes with regard to these projects and the decisions made by TDHCA: Failure to provide the additional funds required for the interim construction loan for Buena Vida will result in the forfeiture of the State allocation for that project. Those tax credits then would be reallocated based upon a new statewide ranking of the projects, and we cannot be certain that any tax credits would go to Oasis at the Park. However, as mentioned earlier TDHCA not funding a tax credit for a State Region is not the norm. Deleted: A 2. On the other hand, if the required additional interim construction loan funds are made available for the Buena Vida project, the Oasis at the Park project still will retain all of its local funding support. The Buena Vida project will then proceed, and in the event the Oasis at the Park project scores well in the statewide ranking and receives an allocation, it will be able to proceed as well. However, there is no assurance that this statewide allocation will occur. However, under this scenario, the City is assured of one project and may have both projects proceed. Staff continues to support the Oasis project and does not recommend reducing funds currently committed to the project to support Buena Vida. However, it is important that the Board be aware that if funding is not provided to the Buena Vista project there remains a possibility that neither project will be funded this year by TDHCA. Funding the additional $238,000 necessary to provide the required interim construction loan for the Buena Vida project is currently available in the Corpus Christi Housing Finance Corporation budget. Combined with the previously - approved allocation of $237,000 by the Corpus Christi Community Improvement Corporation, it will satisfy the State requirements for local support without taking any funds away from the Oasis at the Park project. RESOLUTION WITH RESPECT TO AN APPLICATION FOR A CALENDAR YEAR 2009 RESERVATION FOR QUALIFIED MORTGAGE BOND AUTHORITY WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation ") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act ") for the purpose of assisting and financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low or moderate income at prices they can afford; and WHEREAS, the Corporation seeks to apply for a Reservation for mortgage bond authority from the Texas Bond Review Board for calendar year 2009; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: The Corporation hereby authorizes the President to file an Application for Reservation for Qualified Mortgage Bond Authority for calendar year 2009 with the Texas Bond Review Board and the General Manager shall be authorized to take such other actions as may be reasonable or necessary to complete the documentation required for such application and commence the Program. PASSED and APPROVED the th day of August, 2008. CORPUS CHRISTI HOUSING FINANCE CORPORATION By Bill Kelly, President ATTEST: By: Armando Chapa, Secretary City of 59U Corpus - - Christi ‘0%10%rom -292-